[Congressional Record (Bound Edition), Volume 146 (2000), Part 6]
[House]
[Pages 8476-8501]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 8476]]

   PROVIDING FOR FURTHER CONSIDERATION OF H.R. 4205, FLOYD D. SPENCE 
        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

  Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 504 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 504

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for further 
     consideration of the bill (H.R. 4205) to authorize 
     appropriations for fiscal year 2001 for military activities 
     of the Department of Defense and for military construction, 
     to prescribe military personnel strengths for fiscal year 
     2001, and for other purposes.
       Sec. 2. (a) No further amendment to the committee amendment 
     in the nature of a substitute shall be in order except those 
     printed in the report of the Committee on Rules accompanying 
     this resolution and pro forma amendments offered by the 
     chairman or ranking minority member of the Committee on Armed 
     Services for the purpose of debate.
       (b) Except as specified in section 4 of this resolution, 
     each amendment printed in the report of the Committee on 
     Rules shall be considered only in the order printed in the 
     report, may be offered only by a Member designated in the 
     report, shall be considered as read, and shall not be subject 
     to a demand for division of the question in the House or in 
     the Committee of the Whole. Each amendment printed in the 
     report shall be debatable for the time specified in the 
     report equally divided and controlled by the proponent and an 
     opponent and shall not be subject to amendment (except as 
     specified in the report and except that the chairman and 
     ranking minority member of the Committee on Armed Services 
     each may offer one pro forma amendment for the purpose of 
     further debate on any pending amendment).
       (c) All points of order against amendments printed in the 
     report of the Committee on Rules are waived.
       Sec. 3. The Chairman of the Committee of the Whole may: (1) 
     postpone until a time during further consideration in the 
     Committee of the Whole a request for a recorded vote on any 
     amendment; and (2) reduce to five minutes the minimum time 
     for electronic voting on any postponed question that follows 
     another electronic vote without intervening business, 
     provided that the minimum time for electronic voting on the 
     first in any series of questions shall be 15 minutes.
       Sec. 4. The Chairman of the Committee of the Whole may 
     recognize for consideration of any amendment printed in the 
     report of the Committee on Rules out of the order printed, 
     but not sooner than one hour after the chairman of the 
     Committee on Armed Services or a designee announces from the 
     floor a request to that effect.
       Sec. 5. At the conclusion of consideration of the bill for 
     amendment the Committee shall rise and report the bill to the 
     House with such amendments as may have been adopted. Any 
     Member may demand a separate vote in the House on any 
     amendment adopted in the Committee of the Whole to the bill 
     or to the committee amendment in the nature of a substitute. 
     The previous question shall be considered as ordered on the 
     bill and amendments thereto to final passage without 
     intervening motion except one motion to recommit with or 
     without instructions.

  The SPEAKER pro tempore. The gentleman from Texas (Mr. Sessions) is 
recognized for 1 hour.
  Mr. SESSIONS. Mr. Speaker, for the purpose of debate only, I yield 
the customary 30 minutes to the gentleman from Texas (Mr. Frost), 
pending which I yield myself such time as I may consume. During 
consideration of this resolution, all time yielded is for the purpose 
of debate only.
  Mr. Speaker, yesterday the Committee on Rules met and granted a rule 
to provide for further consideration of H.R. 4205, the fiscal year 2001 
Department of Defense Authorization Act. The rule provides that no 
further amendment to the committee amendment in the nature of a 
substitute be in order, except those printed in the Committee on Rules 
report accompanying the resolution and pro forma amendments offered by 
the chairman or ranking minority member of the Committee on Armed 
Services for the purpose of debate.
  The rule provides that, except as specified in section 4 of the 
resolution, each amendment printed in the report shall be considered 
only in the order printed in the report, may be offered only by a 
Member designated in the report, shall be considered as read and shall 
not be subject to a demand for division of the question in the House or 
Committee of the Whole.
  The rule provides that each amendment printed in the report shall be 
debatable for the time specified and equally divided and controlled by 
the proponent and opponent, and shall not be subject to amendment, 
except as specified in the report and except that the chairman and 
ranking minority member of the Committee on Armed Services may each 
offer one pro forma amendment for the purpose of debate on any pending 
amendment.
  The rule waives all points of order against the amendments printed in 
the report.
  The rule allows the chairman of the Committee of the Whole to 
postpone votes on amendments during consideration of the bill and to 
reduce voting time to 5 minutes on a postponed question if the vote 
follows a 15-minute vote.
  The rule allows the chairman of the Committee of the Whole to 
recognize for the consideration of any amendment printed in the report 
out of the order printed, but not sooner than 1 hour after the chairman 
of the Committee on Armed Services or a designee announces from the 
floor a request to that effect.
  Finally, the rule provides for one motion to recommit, with or 
without instructions.
  Mr. Speaker, this is rule number 2 for H.R. 4205. Yesterday and this 
morning, under rule number 1, we debated 35 amendments to the bill. 
Today we will consider another seven. In the end, out of 102 amendments 
submitted to the Committee on Rules, the House will consider 42.
  Today's rule provides for a full and fair debate on several 
controversial issues. I will vote against many of these amendments, but 
it is important that the House is able to work its will on issues such 
as abortion on military bases, the School of the Americas, and health 
care for our military retirees.
  Mr. Speaker, H.R. 4205 is a good bill, it is a bipartisan bill. At 
long last, we are taking care of our men and women in uniform, we are 
getting them off of food stamps and out of substandard housing, and we 
are giving them tools to win on the battlefield, and I believe this is 
the right thing for America.
  I urge my colleagues to support this rule and to support the 
underlying bill. Now, more than ever, we must provide for our national 
security.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in reluctant opposition to this rule. The 
authorization for the programs and activities of the Department of 
Defense is one of the most important legislative proposals we will have 
under consideration during the course of this year.
  This legislation dictates the policies we as a Congress want to set 
for the defense of our great Nation and authorizes $309 billion to 
carry them out. A bill of this scope and magnitude deserves to be fully 
debated so that all points of view can be expressed and heard. Yet, Mr. 
Speaker, the Republican majority in the House has denied the Members of 
this body just that opportunity. A total of 102 amendments were 
submitted to the Committee on Rules, yet, with this rule now under 
consideration, less than one-half of that number will be heard.

                              {time}  1200

  In addition, one of the most important policy issues relating to 
medical care for military retirees has not been fully addressed and a 
new amendment on the issue, an amendment that was not even filed with 
the committee, as was required of every other amendment, has been made 
in order in this rule.
  Mr. Speaker, shortchanging our military retirees to achieve short-
term political gain is nothing more than a

[[Page 8477]]

cheap trick. The committee went part of the way to solving this issue 
by making in order the Taylor amendment, but it did not make in order 
the more comprehensive Shows amendment.
  Mr. Speaker, the gentleman from Mississippi (Mr. Shows) has, since he 
came to Congress, been working diligently to fashion legislation that 
will provide meaningful healthcare for our military retirees. He has 
introduced legislation that would fulfill a promise that has been made 
to every member of the armed services: Stay in 20 years and they will 
receive healthcare for the rest of their life.
  Mr. Speaker, 298 Members of this body have cosponsored the 
gentleman's bill. Yet the Committee on Rules on a straight party line 
vote last night denied the gentleman from Mississippi (Mr. Shows) the 
opportunity to offer his amendment.
  Fortunately, the Committee on Rules has allowed the gentleman from 
Mississippi (Mr. Taylor) to offer his amendment, which expands and 
makes permanent the TRICARE senior prime program, or Medicare 
subvention. The Taylor amendment would make permanent a program which 
allows Medicare eligible retirees to use military hospitals for their 
Medicare care and would extend the program nationwide.
  The Taylor amendment is a very good amendment and should be adopted 
by the House. The Taylor amendment has been endorsed by a number of 
organizations, including the Military Coalition, the National Military 
and Veterans Alliance, the Retired Officers Association and the Retired 
Enlisted Association.
  Yet the Republican majority has made in order a substitute to the 
Taylor amendment, a substitute that can be described as nothing more 
than a poison pill. The Republican majority has deliberately set out to 
deny the House the right to fulfill a promise made long ago to those 
men and women who served faithfully and honorably for 20 years or more 
in our Nation's armed services.
  Mr. Speaker, it is a sad day when the Republican leadership in this 
House will not allow its Members to do the right thing. It is a sad day 
when the Republican leadership denies the House the right to vote on a 
proposal, which has overwhelming support of Members of both parties, 
for purely politically partisan reason. It is a sad day when the 
Republican leadership knows its own position is so politically 
indefensible that it will not even allow an up or down vote on a 
valuable and worthy proposal like the Taylor amendment.
  Mr. Speaker, this rule is deficient also because it has failed to 
make in order an amendment by the gentlewoman from New York (Mrs. 
McCarthy). The McCarthy amendment strikes a provision in the bill which 
allows the Department of Defense to do business with firearms 
manufacturers and vendors who have not been party to a code of conduct 
agreement.
  This is an amendment that is worthy of consideration in the House and 
it should be made a part of this rule.
  Mr. Speaker, it is my intention to oppose ordering the previous 
question on this resolution. The fact that the Shows amendment has not 
been made in order in the rule and the fact that the rule makes in 
order a poison pill substitute to the Taylor amendment, the fact that a 
number of other worthy amendments, such as the McCarthy amendment, were 
not even given the time of day by the Republican majority, are reasons 
enough to oppose the previous question and the rule.
  Mr. Speaker, the Republican majority is shortchanging this bill by 
limiting debate on issues it addresses. The authorization for the 
Department of Defense is the single largest authorization we will 
consider this year. Yet the majority has seen fit to address less than 
half of the amendments offered to be considered by this House.
  Mr. Speaker, Members should reject this rule and allow the House to 
debate fully the many important policy issues that the Republican 
leadership will not allow us to consider.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SESSIONS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Speaker, I thank the gentleman from Texas (Mr. 
Sessions) for yielding me this time.
  Mr. Speaker, I rise in strong support of the rule and wish to take 
this time to engage the gentleman from Pennsylvania (Mr. Weldon) in a 
colloquy.
  I would say to the gentleman from Pennsylvania (Mr. Weldon), the Navy 
theater-wide missile defense program is an important component of our 
Nation's defense against the threat of ballistic missiles targeted 
against the United States and against our Armed Forces and allies 
overseas.
  Last year the Congress provided an additional $50 million for a 
continuation of Navy's competitive development of the advanced radars 
for theater missile defense, as well as providing funds for the 
development of the multiyear, multifunction radar and volume search 
radar for fleet air defense and surveillance.
  The committee's report on the fiscal year 2001 national defense 
authorization notes that the Navy is considering an X-band radar high 
power discriminator and modifications to the current SPY-1 radar to 
meet ballistic missile defense radar needs for Navy theater-wide and 
recommends an additional $10 million for development of an alternative 
advanced radar technology for the 2010 time frame.
  The report also expresses the committee's concern that the Navy 
theater-wide defense deployment schedule is inadequate to meet the 
expected threats and is inadequately funded.
  In addition, the Senate Committee on Armed Services report on the 
fiscal year 2001 defense authorization does not add funds for 
additional radar development and if adopted by the Senate in its 
present form will establish an issue that will need to be resolved in 
this year's House-Senate conference on the Fiscal Year 2001 National 
Defense Authorization Act.
  Mr. WELDON of Pennsylvania. Mr. Speaker, will the gentleman yield?
  Mr. SAXTON. I yield to the gentleman from Pennsylvania, the chairman 
of the Subcommittee on Military Research and Development.
  Mr. WELDON of Pennsylvania. Mr. Speaker, the gentleman is correct. 
The House committee's report states that major ballistic missile 
defense programs such as Navy theater-wide are not adequately funded 
throughout the future years' defense program to achieve timely 
operational capability.
  The committee places a high priority on the ballistic missile defense 
program and urges the Department of Defense to commit the funds 
necessary to achieving timely deployment of systems that will defeat 
current and future ballistic missile defense threats.
  The committee also notes that the interim report on the surface Navy 
radar road map study recently submitted to the Congress states that a 
series of time-phased radar development decisions must be made to 
support varying surface ship acquisitions, including requirements for 
SPY-1 radar upgrades for the near-term Navy theater-wide Block I and 
investment in technologies for mid- and long-term needs for Navy 
theater-wide Block II.
  The committee report states that a clearly defined and funded radar 
road map is necessary to ensure the necessary upgrade to Legacy radar 
systems and the development of new radar systems and also states that 
the expectation of the Navy's approved radar program will be 
incorporated in the fiscal year 2002 budget requirement.
  Having said that, I will be happy to work with the gentleman during 
the defense authorization conference to ensure development of advanced 
technologies and specifically fight for $15 million in additional 
funding for Navy theater-wide missile defense programs.
  Mr. SAXTON. I thank the gentleman and look forward to working with 
him to provide the ballistic missile defense required to protect our 
armed services and our Nation.
  Mr. SESSIONS. Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from 
Mississippi (Mr. Shows).
  Mr. SHOWS. Mr. Speaker, I thank the gentleman from Texas (Mr. Frost)

[[Page 8478]]

for yielding me this time, and I thank him so much and appreciate him 
taking up for my bill.
  Mr. Speaker, I rise today to express my strong opposition to this 
rule and, frankly, my concern about our military retirees. Today, 
millions of Americans are prisoners of war, POWs right here in America. 
These POWs are our American military retirees and their families, and 
they are being held prisoners by politics.
  I have offered an amendment to the defense bill that is identical to 
the Shows-Norwood Keep Our Promise to America's Military Retirees bill, 
H.R. 3573, which has 298 cosponsors in this House; 298 Members of the 
United States Congress have cosponsored this bill because thousands 
upon thousands of military retirees have mobilized in an effort in 
saying their healthcare is inadequate, saying they served their country 
faithfully; they earned their healthcare that was promised them; and 
saying H.R. 3573 is the answer.
  Now legislative rules and decisions are failing our military 
retirees. It harms our military and continues to break the promise of 
earned healthcare for those who have committed their lives to the 
defense of this country.
  It can be called whatever it will, bipartisanship, nonpartisanship, 
but I call it America doing the right thing.
  Our military retirees stood for democracy during World War II. My 
father was one of them. Korea, Vietnam, Desert Storm and Bosnia. Now 
they suffer under poor healthcare and today they are prisoners of war 
being held hostage by the political games.
  These men and women deserve not political games but, rather, 
nonpartisan courage.
  The large number of cosponsors are a reflection of the tremendous 
grass-roots support for Keep Our Promise Act.
  Mr. Speaker, military retirees do not need more test programs or 
commissions to tell them what they already know. The military 
healthcare system does not work. We do not need to establish a road 
map, Mr. Speaker, because military retirees have been down that road 
for years. Thousands of military retirees and veterans die every month 
while Congress spins its wheels agonizing over the problem. Extending 
test programs and establishing yet another commission for 4 years will 
not get healthcare to retirees who need it.
  Mr. Speaker, I know many of my colleagues have suffered what we call 
sticker shock over the projected cost of my bill, but we have bent over 
backwards to make Keep Our Promise Act cost effective by adding 
language that cuts the projected cost by more than half. So surely the 
cost of the bill cannot be the problem.
  Mr. Speaker, some of my colleagues believe we just do not have the 
funds to pay for the Promise bill, but just last week our own CBO 
office identified a $40 billion super surplus, money under the 
mattress. So it cannot be the funding issue that troubles the 
committee.
  Oppose the rule. Let us be honest with the American people. Let us do 
the honorable thing for our military heroes. Our military retirees 
deserve nothing less. Our military retirees should never be prisoners 
of war due to political games in their own country.
  Oppose this rule. Any of my colleagues who are one of the 298 
cosponsors of H.R. 3573, a vote for the rule would not make sense, and 
I will include in the Record, following my remarks, a list of the 
cosponsors of H.R. 3573.
  Mr. Speaker, let us move forward and vote on the Keep Our Promise 
Act.

                          H.R. 3573 Cosponsors


                                 author

       Shows, Ronnie--D-MS


                      296 Cosponsors thru 5-16-00

       Norwood, Charlie--R-GA, coauth
       Aderholt, Robert B.--R-AL
       Allen, Thomas H.--D-ME
       Andrews, Robert E.--D-NJ
       Baca, Joe--D-CA
       Bachus, Spencer--R-AL
       Baird, Brian--D-WA
       Baldacci, John Elias--D-ME
       Baldwin, Tammy--D-WI
       Barcia, James A.--D-MI
       Barr, Bob--R-GA
       Bass, Charles F.--R-NH
       Becerra, Xavier--D-CA
       Berkley, Shelley--D-NV
       Berman, Howard L.--D-CA
       Berry, Marion--D-AR
       Biggert, Judy--R-IL
       Bilbray, Brian, P.--R-CA
       Bilirakis, Michael--R-FL
       Bishop, Sanford D., Jr.--D-GA
       Blagojevich, Rod R.--D-IL
       Blunt, Roy--R-MO
       Boehlert, Sherwood L.--R-NY
       Bonilla, Henry--R-TX
       Bonior, David E.--D-MI
       Bono, Mary--R-CA
       Boucher, Rick--D-VA
       Brady, Robert A.--D-PA
       Brown, Corrine--D-FL
       Brown, Sherrod--D-OH
       Bryant, Ed--R-TN
       Burr, Richard--R-NC
       Burton, Dan--R-IN
       Callahan, Sonny--R-AL
       Calvert, Ken--R-CA
       Camp, Dave--R-MI
       Canady, Charles T.--R-FL
       Cannon, Chris--R-UT
       Capps, Lois--D-CA
       Capuano, Michael E.--D-MA
       Carson, Julia--D-IN
       Chambliss, Saxby--R-GA
       Chenoweth-Hage, Helen--R-ID
       Christensen, Donna M.C.--D-VI
       Clayton, Eva M.--D-NC
       Clement, Bob--D-TN
       Clyburn, James E--D-SC
       Coburn, Tom A.--R-OK
       Collins, Mac--R-GA
       Condit, Gary A.--D-CA
       Conyers, John, Jr.--D-MI
       Cook, Merrill--R-UT
       Cooksey, John--R-LA
       Costello, Jerry F.--D-IL
       Coyne, William J.--D-PA
       Cramer, Robert (Bud), Jr.--D-AL
       Cummings, Elijah E.--D-MD
       Cunningham, Randy Duke--R-CA
       Danner, Pat--D-MO
       Davis, Danny K.--D-IL
       Davis, Thomas M.--R-VA
       Deal, Nathan--R-GA
       DeFazio, Peter A.--D-OR
       DeGette, Diana--D-CO
       Delahunt, William D.--D-MA
       DeLauro, Rosa L.--D-CT
       Deutsch, Peter--D-FL
       Diaz-Balart, Lincoln--R-FL
       Dickey, Jay--R-AR
       Dicks, Norman D.--D-WA
       Dingell, John D.--D-MI
       Dixon, Julian C.--D-CA
       Doolittle, John T.--R-CA
       Doyle, Michael F.--D-PA
       Duncan, John J., Jr.--R-TN
       Dunn, Jennifer--R-WA
       Edwards, Chet--D-TX
       Ehrlich, Robert L., Jr.--R-MD
       Emerson, Jo Ann--R-MO
       Engel, Eliot L.--R-NY
       English, Phil--R-PA
       Eshoo, Anna G.--D-CA
       Etheridge, Bob--D-NC
       Evans, Lane--D-IL
       Everett, Terry--R-AL
       Faleomavaega, Eni F.H.--D-AS
       Farr, Sam--D-CA
       Fattah, Chaka--D-PA
       Filner, Bob--D-CA
       Fletcher, Ernie--R-KY
       Foley, Mark--R-FL
       Forbes, Michael P.--D-NY
       Ford, Harold E., Jr.--D-TN
       Fowler, Tillie K.--R-FL
       Frank, Barney--D-MA
       Franks, Bob--R-NJ
       Frost, Martin--D-TX
       Gallegly, Elton--R-CA
       Gejdenson, Sam--D-CT
       Gephardt, Richard A.--D-MO
       Gibbons, Jim--R-NV
       Gilchrest, Wayne T.--R-MD
       Gillmor, Paul E.--R-OH
       Gilman, Benjamin A.--R-NY
       Gonzalez, Charles A.--D-TX
       Goode, Virgil H., Jr.--I-VA
       Goodling, William F.--R-PA
       Gordon, Bart--D-TN
       Graham, Lindsey O.--R-SC
       Granger, Kay--R-TX
       Green, Gene--D-TX
       Green, Mark--R-WI
       Greenwood, James C.--R-PA
       Gutierrez, Luis V.--D-IL
       Hall, Tony P.--D-OH
       Hall, Ralph M.--D-TX
       Hansen, James V.--R-UT
       Hastings, Alcee L.--D-FL
       Hastings, Doc--R-WA
       Hayes, Robin--R-NC
       Hayworth, J.D.--R-AZ
       Herger, Wally--R-CA
       Hill, Rick--R-MT
       Hilleary, Van--R-TN
       Hilliard, Earl F.--D-AL
       Hinchey, Maurice D.--D-NY
       Hinojosa, Ruben--D-TX
       Hoeffel, Joseph M.--D-PA
       Holden, Tim--D.-PA
       Holt, Rush D.--D-NJ
       Hooley, Darlene--D-OR
       Horn, Stephen--R-CA
       Hoyer, Steny H.--D-MD
       Hunter, Duncan--R-CA
       Hutchinson, Asa--R-AR
       Hyde, Henry J.--R-IL
       Inslee, Jay--D-WA
       Isakson, Johnny--R-GA
       Istook, Ernest J., Jr.--R-OK
       Jackson, Jesse L., Jr.--D-IL
       Jackson-Lee, Sheila--D-TX

[[Page 8479]]

       Jefferson, William J.--D-LA
       Jenkins, William L.--R-TN
       John, Christopher--D-LA
       Johnson, Eddie Bernice--D-TX
       Johnson, Sam--R-TX
       Jones, Stephanie Tubbs--D-OH
       Jones, Walter B.--R-NC
       Kanjorski, Paul E.--D-PA
       Kaptur, Marcy--D-OH
       Kelly, Sue--R-NY
       Kennedy, Patrick J.--D-RI
       Kildee, Dale E.--D-MI
       Kilpatrick, Carolyn C.--D-MI
       Kind, Ron--D-WI
       Kingston, Jack--R-GA
       Klink, Ron--D-PA
       Kucinich, Dennis J.--D-OH
       Kuykendall, Steven T.--R-CA
       LaFalce, John J.--D-NY
       LaHood, Ray--R-IL
       Lampson, Nick--D-TX
       Lantos, Tom--D-CA
       LaTourette, Steven C.--R-OH
       Lee, Barbara--D-CA
       Lewis, John--D-GA
       Lewis, Ron--R-KY
       Linder, John--R-GA
       Lipinski, William O.--D-IL
       LoBiondo, Frank A.--R-NJ
       Lofgren, Zoe--D-CA
       Lucas, Frank D.--R-OK
       Lucas, Ken--D-KY
       Maloney, Carolyn B.--D-NY
       Manzullo, Donald A.--R-IL
       Martinez, Matthew G.--D-CA
       Mascara, Frank--D-PA
       Matsui, Robert T.--D-CA
       McCarthy, Carolyn--D-NY
       McCollum, Bill--R-FL
       McDermott, Jim--D-WA
       McGovern, James P.--D-MA
       McHugh, John M.--R-NY
       McIntosh, David M.--R-IN
       McIntyre, Mike--D-NC
       McKeon, Howard ``Buck''--R-CA
       McKinney, Cynthia A.--D-GA
       McNulty, Michael R.--D-NY
       Meehan, Martin T.--D-MA
       Meek, Carrie P.--D-FL
       Meeks, Gregory W.--D-NY
       Metcalf, Jack--R-WA
       Mica, John L.--R-FL
       Millender-McDonald, J.--D-CA
       Miller, George--D-CA
       Moakley, John Joseph--D-MA
       Mollohan, Alan B.--D-WV
       Moran, James P.--D-VA
       Moran, Jerry--R-KS
       Morella, Constance A.--R-MD
       Murtha, John P.--D-PA
       Napolitano, Grace F.--D-CA
       Neal, Richard E.--D-MA
       Nethercutt, George R., Jr.--R-WA
       Ney, Robert W.--R-OH
       Norton, Eleanor Holmes--D-DC
       Oberstar, James L.--D-MN
       Olver, John W.--D-MA
       Ortiz, Solomon P.--D-TX
       Owens, Major R.--D-NY
       Oxley, Michael G.--R-OH
       Pallone, Frank, Jr.--D-NJ
       Pascrell, Bill, Jr.--D-NJ
       Pastor, Ed--D-AZ
       Paul, Ron--R-TX
       Payne, Donald M.--D-NJ
       Pelosi, Nancy--D-CA
       Peterson, Collin C.--D-MN
       Peterson, John E.--R-PA
       Phelps, David D.--D-IL
       Pickering, Charles ``Chip''--R-MS
       Pombo, Richard W.--R-CA
       Pomeroy, Earl--D-ND
       Price, David E.--D-NC
       Quinn, Jack--R-NY
       Radanovich, George--R-CA
       Rahall, Nick, J. II--D-WV
       Riley, Bob--R-AL
       Rivers, Lynn N.--D-MI
       Rodriguez, Ciro D.--D-TX
       Rogan, James E.--R-CA
       Rohrabacher, Dana--R-CA
       Romero-Barcelo, Carlos--D-PR
       Rothman, Steven R.--D-NJ
       Roukema, Marge--R-NJ
       Roybal-Allard, Lucille--D-CA
       Rush, Bobby L.--D-IL
       Ryan, Paul--R-WI
       Sanchez, Loretta--D-CA
       Sanders, Bernard--I-VT
       Sandlin, Max--D-TX
       Saxton, Jim--R-NJ
       Scarborough, Joe--R-FL
       Schaffer, Bob--R-CO
       Schakowsky, Janice D.--D-IL
       Scott, Robert C.--D-VA
       Sessions, Pete--R-TX
       Shaw, E. Clay, Jr.--R-FL
       Sherwood, Don--R-PA
       Slaughter, Louise M.--D-NY
       Smith, Adam--D-WA
       Smith, Christopher H.--R-NJ
       Smith, Lamar S.--R-TX
       Souder, Mark E.--R-IN
       Spence, Floyd--R-SC
       Stabenow, Debbie--D-MI
       Stearns, Cliff--R-FL
       Strickland, Ted--D-OH
       Stupak, Bart--D-MI
       Sununu, John E.--R-NH
       Sweeney, John E.--R-NY
       Talent, James M.--R-MO
       Tanner, John S.--D-TN
       Taylor, Charles H.--R-NC
       Taylor, Gene--D-MS
       Terry, Lee--R-NE
       Thompson, Bennie G.--D-MS
       Thompson, Mike--D-CA
       Thune, John R.--R-SD
       Thurman, Karen L.--D-FL
       Tierney, John F.--D-MA
       Toomey, Patrick J.--R-PA
       Towns, Edolphus--D-NY
       Traficant, James A., Jr.--D-OH
       Udall, Mark--D-CO
       Udall, Tom--D-NM
       Upton, Fred--R-MI
       Vitter, David--R-LA
       Walden, Greg--R-OR
       Walsh, James T.--R-NY
       Wamp, Zach--T-TN
       Watkins, Wes--R-OK
       Watt, Melvin L.--D-NC
       Watts, J. C., Jr.--R-OK
       Weiner, Anthony D.--D-NY
       Weldon, Dave--R-FL
       Wexler, Robert--D-FL
       Weygand, Robert A.--D-RI
       Whitfield, Ed--R-KY
       Wicker, Roger F.--R-MS
       Wilson, Heather--R-NM
       Wise, Robert E., Jr.--D-WV
       Wolf, Frank R.--R-VA
       Woolsey, Lynn C.--D-CA
       Wu, David--D-OR
       Wynn, Albert Russell--D-MD
       Young, Don--R-AK

  Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, what I would like to do is politely respond to the 
gentleman from Mississippi (Mr. Shows) and agree with him that we must 
provide adequate healthcare for our Nation's retirees. However, the 
Committee on Rules with this rule has worked to ensure that our Nation 
adequately takes care of and lives up to its promises to the service 
men and women.
  We have allowed the House to consider amendments that would both 
expand the current Medicare pilot program and to create a permanent 
program, and those votes will be allowed today.
  This is about the rule, the rule to make sure that we have dealt 
fairly with everyone to allow this debate, and that is what this is for 
and that is why I am proud of what we are doing.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Mr. Speaker, I rise in strong support of this rule. It 
is well crafted and well focused and will bring about much important 
debate on our national security.
  Mr. Speaker, when we talk about our national defense, we must all 
remember that our national security is multifaceted. It is not solely 
built and maintained by our military soldiers, sailors, airmen and 
Marines. We must also recognize those citizen veterans of the Cold War 
who served our country by building and testing the American strategic 
arsenal of democracy.
  Although we cannot give these individuals a Purple Heart for their 
injuries, I, along with some of my colleagues, have been diligently 
working on a comprehensive compensation program for these injured 
workers.
  During our committee markup of this bill, I offered just such an 
amendment to establish such a comprehensive worker's compensation 
program but, unfortunately, the complex committee jurisdictional 
programs forced its withdrawal. I did, however, get commitments of 
support from the chairman of the full committee and the Subcommittee on 
Military Procurement for introduction of such a piece of legislation.
  In light of this support I, along with my colleagues, the gentleman 
from Kentucky (Mr. Whitfield), the gentleman from Ohio (Mr. 
Strickland), the gentleman from Pennsylvania (Mr. Kanjorski), the 
gentleman from Tennessee (Mr. Wamp) and the gentleman from Colorado 
(Mr. Udall) have offered our bipartisan sense of Congress amendment, 
and I want to thank the Republican leadership and my friend, the 
gentleman from Texas (Mr. Sessions), as well as the gentleman from 
California (Mr. Dreier), the distinguished chairman of the Committee on 
Rules, for this rule, which makes this amendment in order and allows 
for that much-needed debate on the issue.
  Mr. Speaker, contrary to the arguments of those who simply want to 
jump on the bandwagon and then immediately demand to steer, this sense 
of Congress amendment will provide the necessary momentum to get this 
vital compensation program actually enacted into law.

                              {time}  1215

  Again, I support this rule, and I urge all Members to support the 
rule and

[[Page 8480]]

our amendment, which issues a clarion call for swift action on a 
comprehensive Department of Energy injured worker compensation program.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from South 
Carolina (Mr. Spratt).
  Mr. SPRATT. Mr. Speaker, I would like to engage the distinguished 
gentleman from South Carolina (Mr. Spence), the chairman of the 
committee, in a colloquy.
  Mr. Speaker, I thank the chairman for his leadership in bringing this 
legislation to the House floor once again, H.R. 4205, the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001. It is a 
good bill, and all the better because of the title it bears. I 
supported it in the committee, and I am proud to support it here on the 
floor.
  I would like to take just a moment and ask the chairman about a 
provision in the bill on which we have collaborated in the past and 
which the gentleman helped reauthorize this year. That is Section 807 
in title VIII of the bill.
  It is my understanding that this section simply removes the sunset 
date of October 1, 2000, for existing statutory rules that apply to the 
procurement of ball and roller bearings.
  Mr. Speaker, I ask the gentleman, do the changes made to existing 
U.S. law by H.R. 4205 mean that the limits on procurement of non-U.S. 
bearings will continue to have the effect of law?
  Mr. SPENCE. Mr. Speaker, will the gentleman yield?
  Mr. SPRATT. I yield to the gentleman from South Carolina.
  Mr. SPENCE. Mr. Speaker, I would tell the gentleman, yes, that is 
correct. H.R. 4205 simply removes the sunset date for the rules on the 
procurement of non-U.S. ball and roller bearings. Bearings remain among 
the items specified in title X, section 2534, as being subject to the 
requirements of that section.
  Mr. SPRATT. I thank the gentleman for that clarification.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from New 
York (Mrs. McCarthy).
  Mrs. McCARTHY of New York. Mr. Speaker, I thank the gentleman for 
yielding time to me.
  Mr. Speaker, I rise in opposition to this rule. This rule is unfair 
because it prohibits floor debate on my amendment that would strike 
Section 810 of the defense authorization bill. This section singles out 
firearms and ammunition manufacturers, but it may extend to other 
contractors.
  It says that the Department of Defense cannot give procurement 
preferences to companies that enter into the agreements with the 
Federal government. Currently, one firearms manufacturer has entered 
into an agreement with the Department of Housing and Urban Development 
that establishes a code of conduct.
  This is precedent-setting language that would prevent the armed 
services from getting the best equipment.
  This language says to Smith & Wesson and other contractors that if 
you have an agreement that seeks to accomplish one goal, then that 
limits you from doing business with the Department of Defense.
  If Smith and Wesson and the armed services lose, then who wins? The 
NRA, according to today's Wall Street Journal. Mr. Speaker, I include 
for the Record this article from the Wall Street Journal.
  The article referred to is as follows:

              [From the Wall Street Journal, May 18, 2000]

                  GOP Fights Favors for Smith & Wesson

                 (By Jim VandeHei and Paul M. Barrett)

       Washington--House Republicans, as part of an effort to 
     undermine President Clinton's weapons pact with Smith & 
     Wesson Corp., are trying to prevent the government from 
     favoring the company with new gun contracts.
       Rep. John Hostettler, a pro-gun conservative from Indiana, 
     inserted language into the Defense Department authorization 
     bill forbidding the administration from requiring the 
     department to buy Smith & Wesson guns.
       With the blessing of GOP leaders, Mr. Hostettler and his 
     pro-gun allies now want to stamp similar restrictions on 
     three more federal agencies: the Departments of Treasury, 
     Justice and Housing and Urban Development.
       They are also working to suspend funding for a federal 
     commission Mr. Clinton created to implement his landmark 
     agreement with the gun maker.
       ``We don't want agencies playing politics more than they 
     already are,'' says Oklahoma Rep. J.C. Watts, the fourth-
     ranking GOP leader. ``This should be a fair and open 
     competition.''
       ``This is the gun lobby flexing its muscle on Capitol 
     Hill,'' says Dennis Henigan, the top lawyer with Handgun 
     Control Inc., a Washington advocacy group.
       Smith & Wesson, a unit of Britain's Tomkins PLC, has agreed 
     to go far beyond existing law in requiring new restrictions 
     on how retailers sell its guns and to develop a high-tech 
     ``smart'' weapon that can only be fired by its owner, among 
     other steps. In return, the Clinton administration and some 
     states and municipalities have agreed to drop Smith & Wesson 
     from threatened or pending lawsuits.
       The Clinton administration is also trying to organize a 
     drive by government at all levels to give Smith & Wesson 
     favorable treatment when deciding which company will supply 
     handguns to police and other agencies.
       While Mr. Clinton hopes this carrot will entice other gun 
     manufacturers to impose new safety measures voluntarily, at 
     the federal level, it isn't clear whether existing 
     contracting rules would allow the administration to force 
     agencies to favor Smith & Wesson.
       The Federal Government spends millions of dollars a year on 
     new handguns--a tiny fraction of the federal budget, but a 
     significant amount to gun manufacturers, which are all 
     relatively small companies. The vast bulk of handgun 
     purchasing is done by local police departments across the 
     country.
       The concessions by Smith & Wesson provoked an outcry from 
     the National Rifle Association and gun retailers, some of 
     whom vowed to quit selling the company's products. Republican 
     leaders believe the deal will ``unravel'' if the Federal 
     Government is prevented from favoring Smith & Wesson with 
     contracts, according to a top GOP aide.
       A Smith & Wesson official says the Republican campaign will 
     do nothing to discourage the company from moving ahead with 
     the pact. Talk of preferential treatment is ``mostly 
     rhetoric,'' company spokesman Ken Jorgensen says. ``It is not 
     something we asked for, it is nothing we anticipated, and it 
     has not happened.''
       But two gun lobbyists said the Republicans' campaign will 
     dissuade other gun manufacturers from joining Mr. Clinton's 
     program. ``This eliminates the incentive,'' says a program 
     lobbyist close to several manufacturers.
       Mr. Hostettler persuaded two-thirds of Armed Services 
     Committee lawmakers to vote for his amendment, which doesn't 
     mention Smith & Wesson by name but clearly targets the 
     company. Gun Owners of America, an aggressive branch of the 
     pro-gun movement, urged its members to lobby lawmakers to 
     apply the restriction to other departments. ``It's abhorrent 
     that our tax dollars are being used to push Clinton's antigun 
     agenda,'' says John Velleco, the group's spokesman.
       Rep. Carolyn McCarthy, an antigun Democrat from New York 
     whose husband was killed by gunfire, is leading a counter-
     attack against attempts to gut the pact. ``I think they are 
     trying to destroy Smith & Wesson for coming out with a good 
     code of conduct,'' she says.
       A greater potential threat to the gun industry than the 
     attempt to manipulate government gun-buying practices are 
     lawsuits filed against the industry by 30 cities and counties 
     around the country.
       In the latest development in the litigation, a Michigan 
     state-court judge allowed parts of lawsuits filed against the 
     industry by Detroit and Wayne County, MI, to proceed toward 
     trial.
       Wayne County Circuit Court Judge Jeanne Stempien said in a 
     ruling Tuesday that the municipalities could move forward 
     with the allegation that ``willful blindness'' by handgun 
     manufacturers, wholesalers and retailers contributes to the 
     diversion of guns to criminals, creating a ``public 
     nuisance.'' The judge threw out the municipalities' claim 
     that industry actions constitute ``negligence.''
  Mr. Speaker, the article states that the gun lobby sponsored the 
language my amendment would strike and additional legislation efforts 
are likely by the NRA that will cripple Smith & Wesson.
  This language sets a bad precedent. What if a company has an 
agreement to hire more veterans? What if a company has an agreement to 
use more subcontractors? Congress should not micromanage how 
procurement is conducted. The result would be substandard products for 
our men and women who have to defend our Nation.
  I strongly support the agreement that Smith & Wesson has reached with 
HUD. The code of conduct will reduce gun violence in our communities. 
It contains many provisions that are under review by the House and 
Senate: child safety locks, background checks

[[Page 8481]]

on all sales, safe storage for guns, establishing a DNA ballistic 
network that aids the ATF in solving crimes.
  I urge my colleagues to oppose this rule.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from 
Indiana (Mr. Hill).
  Mr. HILL of Indiana. Mr. Speaker, I rise in opposition to this rule 
because it prevents consideration of an amendment which I offered that 
would bring fundamental fairness to the way we convey property from 
closed military facilities.
  Last year's defense authorization bill included language to forgive 
debts and allow communities to reclaim property from installations 
closed under the Base Realignment and Closure Act.
  The amendment which I offered that was not included in the rule would 
have extended this same opportunity to communities with military 
facilities outside the BRAC process.
  Mr. Speaker, this Congress has already decided that communities with 
BRAC facilities should receive property at no cost so they can more 
easily transform closed bases into engines of economic growth. Yet, 
many other communities in the same exact situation are still expected 
to bear the burden of paying for transferred property merely because 
their facilities happen to be closed outside the BRAC process. This is 
not right.
  It is equally not right that while this bill and several amendments 
already adopted allow for no-cost conveyances of several facilities 
across the country, this House is denied the ability to consider an 
amendment that would simply treat all closed facilities the same.
  I have a special interest in this issue because a community in my 
district is working hard to transform the Indiana Army Ammunition Plant 
into a center for economic development. A no-cost conveyance of this 
property would make their job much easier. But I want all communities 
to be able to benefit from the fair deal we already have given BRAC 
communities. That is why I regret that this rule does not make my 
amendment in order.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Nevada (Ms. Berkley).
  Ms. BERKLEY. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  I urge my colleagues to oppose this rule and stand up for the men and 
women who dedicated their lives to this great country, and as a result 
are now suffering debilitating diseases.
  Earlier this week, I appeared before the Committee on Rules to speak 
in favor of justice and fair play for former Department of Energy 
workers who have suffered serious diseases due to radiation, beryllium, 
silica, and other toxic chemical exposure related to their jobs.
  From 1951 to 1992, the Federal government tested nuclear weapons 
above and below ground in southern Nevada at the Nevada test site, 
among other sites around the country.
  Growing up in southern Nevada, I was friends with many of the 
children of Nevada test site workers and knew these people well. These 
former workers are now suffering debilitating diseases, and many have 
died as a result of their service to their country.
  These workers were never made aware of the potential danger exposure 
to radiation, beryllium, silica, and other toxic chemicals might pose 
to their health, but we now know the hazards that were faced and we now 
have the responsibility to do the right thing.
  The Federal government is already spending millions of dollars of 
taxpayers' money reimbursing contractors for the legal expenses 
contractors incur fighting claims from radiation victims. The Federal 
government is also already compensating atomic veterans and down 
winders.
  I know that there is a sense of Congress that is going to be 
introduced, and I support it, because that is the right thing to do. 
But I am also well aware of the fact that that is too little and it 
will not be getting the job done for these people who are looking to 
the Federal government to get compensation for their illnesses.
  It is the right thing to do, it is the appropriate thing to do. I 
want to state my strong opposition to the rule and my strong support 
for compensating former site workers who suffered work-related 
illnesses or lost wages due to radiation exposure and other toxic 
exposure.
  Mr. SESSIONS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Indiana (Mr. Buyer).
  Mr. BUYER. Mr. Speaker, I thank the gentleman for yielding time to 
me. I would like to compliment the Committee on Rules for a very 
inclusive rule.
  What I would like to do at this moment is I would like to read into 
the Record the letters of support we have from many different 
organizations and associations representing millions of Americans, not 
only veterans but Americans who support the bill:
  The Veterans of Foreign Wars of the United States; the Association of 
the United States Army; the National Military Family Association; 
American Shipbuilding Association; the Enlisted Association of the 
National Guard of the United States; the Navy League of the United 
States; the National Association of Uniformed Services; the Fleet 
Reserve Association; the Retired Enlisted Association; Noncommissioned 
Officers Association; Commissioned Officers Association of U.S. Public 
Health Service; the Armed Forces Marketing Council; National Guard 
Association of the United States; the National Military and Veterans 
Alliance, which include the following organizations: The Air Force 
Sergeants Association; the American Military Retirees Association; the 
American Military Society; the American Retirees Association; Class Act 
Group; Catholic War Veterans; Korean Veterans Association; the Legion 
of Valor Association; the Military Order of the World Wars; the Naval 
Enlisted Reserve Association; the Society of Medical Consultants; the 
TREA Senior Citizens League; Tragedy Assistance Program for Survivors; 
the Vietnam Veterans of America; Women in Search of Equity, were also 
supported by the military coalition, which includes the following 
organizations:
  The Air Force Association, the Army Aviation Association of America; 
the Association of Military Surgeons of the United States; the CWO & WO 
Associations of the U.S. Coast Guard; the Gold Star Wives of America, 
Incorporated; Jewish War Veterans of the United States; the Marine 
Corps League; Marine Corps Reserve Officers Association; the Military 
Order of the Purple Heart; the National Order of Battlefield 
Commissions; the Naval Reserve Association; the Society of Medical 
Consultants in the Armed Forces; the Military Chaplains Associations of 
the United States Army; the United Armed Forces Association; the United 
States Coast Guard Chief Petty Officers Association; the United States 
Army Warrant Officers Association; and the Veterans Widows 
International Network, Incorporated; to also end with the United States 
Chamber of Commerce.
  Mr. Speaker, this list is very extensive. It represents millions of 
Americans that support the base bill that came out of the Committee on 
Armed Services, the Floyd Spence bill. They are all lined up also in 
honor of the gentleman from South Carolina (Mr. Spence) for his years 
of service, for his principles, for his commitment to national 
security.
  When we hear some perhaps bickering about what was not included, what 
was included, let us pause for a moment and all Members recognize that 
this base bill is supported by many different organizations and 
associations.
  Mr. SESSIONS. Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentleman from 
Mississippi (Mr. Taylor).
  Mr. TAYLOR of Mississippi. Mr. Speaker, I rise in support of the 
rule.
  For those who followed it yesterday, I was very concerned that an 
amendment that would have fulfilled the promise of lifetime health care 
for our Nation's military retirees was not included in the rule 
yesterday. It is today.
  We will have an opportunity to vote on this amendment, which would 
make Medicare subvention the law of the land permanently. This 
amendment

[[Page 8482]]

has been endorsed by the military coalition, the 24 organizations that 
the gentleman from Indiana (Mr. Buyer) just made reference to, the 
National Military Veterans Alliance, the Retired Officers Association, 
and the Retired Enlisted Association.
  I am very pleased that the Committee on Rules has seen to it that 
Members will have an opportunity to vote for it. I would also ask my 
fellow colleagues to support it without being amended.
  I think it is important that we fulfill the promise that was made. 
Retirees, quite frankly, have been getting jacked around for a long 
time. They do not need any more demonstrations, more promises, they do 
not need any more half-hearted efforts. They need the promise that was 
made to them on the day that they enlisted to be fulfilled. The promise 
was free lifetime health care for them and their spouse at a military 
facility for the rest of their lives. That is what we are trying to do.
  I am going to vote in support of this rule so this amendment can be 
voted on. I am going to ask all of my colleagues to vote for it. I 
would remind my colleagues that this amendment has five Republican 
cosponsors, five Democratic cosponsors, and I sure as heck would like 
to see every Member of this body vote for it.

                              {time}  1230

  Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from Mississippi (Mr. Taylor) for 
his support of this rule. The rule is fair. The rule allows debate. The 
gentleman from Mississippi (Mr. Taylor) came before the Committee on 
Rules and asked that we consider what he was doing, and he today is 
supporting us.
  Mr. Speaker, we also have people who not only represent veterans 
across this country, as many of us do, but we also have those who are 
veterans who serve in Congress. I serve next to the gentleman from 
Texas (Mr. Sam Johnson), from the Third Congressional District, a man 
who served as a prisoner of war for 7 years in North Vietnam.
  I am pleased also to have a young man who serves with us, a colleague 
who has been instrumental with the gentleman from South Carolina 
(Chairman Spence), in making sure that the veterans of this country and 
active duty men and women are not only protected but receive the very 
best of assurances that we will never put our Armed Forces in harm's 
way without the best ability that they have, and I am speaking about 
the gentleman from Indiana (Mr. Buyer). The gentleman served as a 
captain in the United States Army, in the Gulf War and now serves as a 
lieutenant colonel in the Reserves.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Indiana (Mr. Buyer).
  Mr. BUYER. Mr. Speaker, I thank the gentleman for yielding me the 
time, and I also want to thank my colleague, the gentleman from 
Mississippi (Mr. Taylor).
  As most of the body knows and understands, the gentleman from 
Mississippi (Mr. Taylor) and I serve as cochair of the Guard and 
Reserve Caucus. And we do many things on behalf of the Congress, on 
behalf of many, many Members as we move that process through the 
subcommittees of procurement and the full committee, and on as we move 
into conference.
  The gentleman from Mississippi (Mr. Taylor) and I stand side by side 
in many of the different fights and battles that we do with regard to 
national security. This may be one of those moments where we can agree 
to disagree.
  Let us do a little review of history, as America paid great tribute 
in recognition to the World War II veteran and to the Korean War 
veteran and we turned to them, and Congress created the GI bill. And we 
also in 1956 created the space availability care for medical treatment; 
but in the 1960s, when Congress created Medicare, it was the Congress 
at that time that took the military retiree and triggered them into the 
general population. That is what happened in this body. Now, I do not 
want to get into the politics of this thing, but that was a Democrat 
controlled Congress triggered the military retiree to be treated the 
same.
  Now, many did not recognize or feel that. Why? Because many of the 
military retirees, they lived next to military medical treatment 
facilities. Then as we go through the BRAC process, many of them find 
out and discovered then for the first time that, oh, my gosh, the 
military can actually close that military hospital and I have to drive 
so far for my health care. I thought that I was promised health care 
for life.
  Then the Congress responds by creating many different types of pilot 
programs, whether it is Medicare subvention or FEHBP or a BRAC pharmacy 
program. We have such a hodgepodge military health care system right 
now. Why? Because really we as a body are trying to struggle with how 
do we get our arms around this military health care system and deliver 
care to the military retiree without saying to the military retiree, 
you have to live next to a medical treatment facility.
  Mr. Speaker, with regard to Mr. Taylor's amendment seeking to make 
Medicare subvention permanent, the gentleman is basically saying to the 
military retiree if you want that care, you better live next to a 
medical treatment facility, because if you do not live next to one, it 
is not going to apply to you.
  Now, what concerns me is that the medical subvention is a pilot. See, 
we create these pilot programs so we can then analyze the data so we 
can make competent judgments. Often, we create these pilot programs and 
we do not have the patience to analyze the data and quickly we move 
into the permanency of these programs.
  This is a moment when I analyze this one, I said, enough of all the 
rhetoric; any Member can come to the floor and make a great speech 
about throwing their arm around the veteran. It is 101 when it comes to 
political speeches, but let us stop the rhetoric.
  We take the pilot programs that are out there in this base bill and 
we extend the demos, that was negotiated through the Committee on 
Commerce and the Committee on Ways and Means. The administration 
supports the base tax of this bill to extend the demos. We extend them 
and they end December 31 of 2003.
  Now, what happens? Why do you end them? You end them because we are 
going to analyze them. We do several things. We create this independent 
advisory council nominated by the Secretary of Defense to analyze this 
complex health care system and to give recommendations to the Congress 
in July of 2002. You then have the input from Congress. You have the 
independent advisory council. You have OMB as a player. You have DOD as 
a player, and you have the United States Senate.
  I believe as we work in the fall of 2002, after having properly 
analyzed all of these pilot programs, that we can actually then deliver 
and the next administration will know that since we created this road 
map of methodology to properly analyze what will be the best health 
delivery system for the military retiree, the next administration knows 
the bill is coming in the 2004 cycle. So the bill is crafted in the 
fall of 2002 on what is the best method; it is introduced before the 
Committee on Armed Services in April of 2003 in the 2004 cycle; and in 
October 1 of 2004, it happens. It happens.
  It is not just that it happens, it happens in a manner that is based 
on a methodology for the most competent decision.
  Medicare subvention; what we have learned as a pilot program is it is 
running $100 million a year in arrears to DOD, and it was meant to be a 
cost-neutral program. So if it is running $100 million in arrears to 
DOD at 6 sites, if we expand it to over 60 sites and make it permanent, 
we are taking a crippled program that has not been fixed and putting it 
on the road to financial disaster, and that is what the letter that we 
received from the Air Force, Michael Ryan, the General, the Chief of 
Staff of the United States Air Force, he said ``I urge that we heed the 
lessons already learned from Medicare subvention demonstration 
projects. The current TRICARE senior prime

[[Page 8483]]

program, though popular with retirees, is not fiscally sustainable over 
the long term.''
  Mr. Speaker, what I ask of Members is that in this base tax, we have 
the methodology for us to analyze the data to make the competent 
decisions, and we deliver.
  In good faith, negotiating with the gentleman from Mississippi (Mr. 
Taylor) yesterday, we agreed to offer a substitute to his amendment 
that would expand to all major medical centers as we then begin to work 
to help and urge the renegotiation of the rate between HCFA and the 
Department of Defense as we also work on the utilization issue. That is 
what the substitute is that I bring to the Members to vote on this 
afternoon. It is extremely important.
  The question is, do we want to continue a pilot program, work to make 
it better so we can get a good test or do we just say, oh, the heck 
with it. Let us just make it permanent. The money does not matter. I do 
not believe that is our responsibility as Members of Congress.
  Mr. SESSIONS. Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from New 
York (Mrs. Lowey).
  Mrs. LOWEY. Mr. Speaker, I rise in opposition to this rule.
  Mr. Speaker, I am deeply disappointed that the amendment offered by 
my good friend, the gentlewoman from New York (Mrs. McCarthy), was not 
made in order by the rule. The amendment would have stripped section 
810 from this bill, an egregious provision barring the Department of 
Defense from giving preference in procurement to companies that enter 
into agreements with the Federal Government. It is clear that this 
language is an attack on Smith and Wesson, which recently signed a code 
of conduct with the Department of Housing and Urban Development.
  The Department of Defense, responsible for our Nation's security, 
should be free to purchase the best quality, most cost effective and 
safest products available today. It is preposterous to penalize a 
manufacturer solely because it has pledged to produce safe, quality 
merchandise and to go to great lengths to cooperate with Federal, state 
and local law enforcement. We should encourage such courageous 
initiatives, not punish them.
  Codes of conduct by firearms manufacturers will make our communities 
and streets safer. They will protect our children from accidental 
shootings, and they will strengthen law enforcement's efforts to 
enforce our Nation's firearms laws by ensuring that background checks 
are performed and improving ballistic technology.
  The American people support efforts to make firearms safer and to 
keep them out of the hands of children and criminals. Congress should 
have had the chance to demonstrate its support for these goals by 
considering the McCarthy amendment.
  Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise with great concern 
about the omissions that are found in this rule, in particular, the 
lack of allowing the amendment of the gentlewoman from New York (Mrs. 
McCarthy) to make fair the process of procurement in the Federal 
Government.
  We rarely do this in other instances. Why would we try to penalize a 
good neighbor and a good corporate citizen like Smith and Wesson, which 
has committed itself to safer guns to protect the lives of our 
children? I do not know.
  I am saddened by the fact that that has occurred, and I would hope 
that my colleagues would see the wisdom in allowing us to debate such 
issues. I am gratified, however, with the Sanchez-Morella amendment, 
which restores equal access to equal services of overseas military 
hospitals to servicemen and women and their dependents.
  I rise today to salute the gentleman from Mississippi (Mr. Taylor) 
for his persistence and for where we are in being allowed to debate a 
vital issue, and I ask my colleagues to support the Taylor amendment, 
which provides lifetime health care for military retirees. I want to 
put a face on military retirees. They are the everyman. They are in 
rural America. They are in urban America. They are the bus drivers, 
many of them, they are the day workers and laborers across the Nation. 
They are the teachers, yes, the doctors and lawyers, but they are the 
everyday American. I have many of them in my constituency.
  It bothers me when I begin to hear the balancing or the nonbalancing 
of the numbers. We know that this program, if put in place, will merely 
cost us an additional $20 million. Yes, we have arrears of $100 
million, but might I say to the American people, there is a distinction 
between arrears and debt. Arrears is we have not been paying, and we 
have a problem with HCFA. We have a problem with HCFA, my small health 
care businesses, who tell me every single day, I am being closed down. 
I cannot care for the elderly because HCFA is not paying.
  The real issue is not debt to Medicare, it is the question that HCFA 
is not paying its bills. I want my military retirees, those who were in 
Korea, those who were in Vietnam, those who were in the Persian Gulf, 
those who were in Kosovo, I want them to have the dignity and the 
respect of being called their title and the kind of treatment they get 
at military hospitals on base if they so desire.
  I am going to roll up my sleeves, and I do not know about the rest of 
my colleagues. I encourage them to rise to their feet, and support the 
Taylor amendment, because those people are our neighbors, and they have 
been committed to, they have been told that this would be a lifetime 
provision and benefit. And I do not know why we would deny it. I think 
it is important to not misuse the figures and the dollars, and I am 
gratified that we have been able to have this opportunity.
  Mr. Speaker, I certainly would not take that away from the Committee 
on Rules, and I do thank them. I hope that as we debate this issue, 
that as we move toward honoring our men and women who gave the ultimate 
sacrifice this Memorial Day that we will say to the living veterans, we 
thank you, we thank you, we thank you, because the ability to debate on 
the floor of the House, the freedom of all of us in the United States 
of America, is because our men and women have been willing to put 
themselves on the line for freedom.
  I am going to put myself on the line to vote for the Taylor amendment 
to ensure that they have the dignity of full-time military health 
benefits throughout their entire lifetime. I would ask my colleagues to 
do so.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let us be clear as to what is at issue for our military 
retirees. We have a very good approach by the gentleman from 
Mississippi (Mr. Taylor). The gentleman from Indiana (Mr. Buyer) is 
saying do not rush into anything, do not vote for the Taylor amendment 
in its original form. Our military retirees have been waiting patiently 
for quite a while for resolution of this issue.
  What the Taylor amendment, of course, does is apply to those military 
retirees who have already reached the age of 65 and permits them to be 
treated at military hospitals and to have those hospitals reimbursed by 
Medicare.

                              {time}  1245

  What the Shows amendment does is to not only address those military 
retirees that are already 65, but the large number of military retirees 
who have not yet reached the age of 65. And it would permit those 
retirees, those men and women who have served at least 20 years for 
their country, to participate in the Federal Employees Health Benefits 
Program, the exact same program that we as Members of Congress and our 
staffs participate in, and every other Federal civilian employee 
participates in.
  The Shows amendment is a comprehensive approach. It is the amendment 
that has a very large number of supporters in this House and it is an

[[Page 8484]]

amendment that we are not being permitted to vote on today. That is 
regrettable. That is a comprehensive approach which would address the 
concerns of military retirees once and for all. We are not going to 
have that opportunity today under the rule as crafted.
  The Taylor amendment does provide some relief because it does provide 
an opportunity for those retirees who have already reached the age of 
65 to be treated at military hospitals and have that treatment 
reimbursed by Medicare. The rule that we have before us today is an 
improvement over the rule yesterday, but it does not go as far as some 
people would like, which is to see the House have the opportunity to 
voice its views on the question of military retirees.
  Now, Mr. Speaker, I urge Members to vote ``no'' on the previous 
question. If the previous question is defeated, I will offer an 
amendment to the rule to make in order an additional 37 amendments, 
including the Shows amendment, which provides additional health care 
benefits for veterans.
  The McCarthy amendment, which removes provisions in the bill that 
punish gun manufacturers for abiding by voluntary gun safety 
agreements, and the Allen amendment, that deals with retiring or 
dismantling excess strategic nuclear delivery systems.
  If the previous question is defeated, Members will have the 
opportunity to vote up or down on all of those proposals.
  Mr. Speaker, I ask unanimous consent to insert the text of the 
previous question and extraneous materials into the Congressional 
Record immediately prior to the vote.
  The SPEAKER pro tempore (Mr. Burr of North Carolina). Is there 
objection to the request of the gentleman from Texas?
  There was no objection.
  Mr. FROST. Mr. Speaker, I ask my colleagues to vote ``no'' on the 
previous question so we can debate all of these issues, and I yield 
back the balance of my time.
  Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
  What we are talking about today is the rule, Mr. Speaker, the rule 
for the fiscal year 2001 Department of Defense authorization bill. It 
is a bill that has been not only worked on very diligently by the 
brightest and best Members of Congress that we have, led by our 
chairman, the gentleman from South Carolina (Mr. Spence), but also by a 
great number of other people who have spoken today; not only the 
gentleman from Indiana (Mr. Buyer) but also the gentleman from Nevada 
(Mr. Gibbons), who are both veterans of high stature.
  Mr. Speaker, today's rule allows for a full and fair consideration of 
all the controversial defense authorization issues. We are getting our 
military families off food stamps and we are going to provide a 3.7 
percent pay increase. We are helping them by creating an Armed Services 
Thrift Savings Plan. We are doing those things that will improve 
military housing. We are doing things, I believe, that rearm our 
military to make sure that the young men and young women who represent 
America have not only the best fighting equipment, but also the 
circumstances and the will of a grateful Nation.
  Mr. FROST. Mr. Speaker, I submit for the Record the materials I 
referred to earlier.

    Previous Question for H. Res. 504, H.R. 4205, National Defense 
                           Authorization Act

       At the end of the resolution add the following new section:
       ``Sec. 6. Notwithstanding any other provision of the 
     resolution, it shall be in order to consider, without 
     intervention of any points of order, the amendments offered 
     to the committee amendment in the nature of a substitute 
     printed in section 7 of this resolution. Each amendment may 
     be offered only by the proponent specified in section 7 or a 
     designee, shall be considered as read, and shall be debatable 
     for 30 minutes, equally divided between the proponent and an 
     opponent.
       Sec. 7. The amendments described in section 6 are as 
     follows:

                  Amendment to H.R. 4205, as Reported

                  Offered by Mr. Shows of Mississippi

       Strike section 723 (page 229, line 1, and all that follows 
     through page 230, line 19).
       At the end of title VII (page 247, after line 9), insert 
     the following new subtitle:

   Subtitle E--Additional Provisions Regarding Department of Defense 
                             Beneficiaries

     SEC. 741. SHORT TITLE.

       This subtitle may be cited as the ``Keep Our Promise to 
     America's Military Retirees Act''.

     SEC. 742. FINDINGS.

       Congress finds the following:
       (1) No statutory health care program existed for members of 
     the uniformed services who entered service prior to June 7, 
     1956, and retired after serving a minimum of 20 years or by 
     reason of a service-connected disability.
       (2) Recruiters for the uniformed services are agents of the 
     United States government and employed recruiting tactics that 
     allowed members who entered the uniformed services prior to 
     June 7, 1956, to believe they would be entitled to fully-paid 
     lifetime health care upon retirement.
       (3) Statutes enacted in 1956 entitled those who entered 
     service on or after June 7, 1956, and retired after serving a 
     minimum of 20 years or by reason of a service-connected 
     disability, to medical and dental care in any facility of the 
     uniformed services, subject to the availability of space and 
     facilities and the capabilities of the medical and dental 
     staff.
       (4) After 4 rounds of base closures between 1988 and 1995 
     and further drawdowns of remaining military medical treatment 
     facilities, access to ``space available'' health care in a 
     military medical treatment facility is virtually nonexistent 
     for many military retirees.
       (5) The military health care benefit of ``space available'' 
     services and Medicare is no longer a fair and equitable 
     benefit as compared to benefits for other retired Federal 
     employees.
       (6) The failure to provide adequate health care upon 
     retirement is preventing the retired members of the uniformed 
     services from recommending, without reservation, that young 
     men and women make a career of any military service.
       (7) The United States should establish health care that is 
     fully paid by the sponsoring agency under the Federal 
     Employees Health Benefits program for members who entered 
     active duty on or prior to June 7, 1956, and who subsequently 
     earned retirement.
       (8) The United States should reestablish adequate health 
     care for all retired members of the uniformed services that 
     is at least equivalent to that provided to other retired 
     Federal employees by extending to such retired members of the 
     uniformed services the option of coverage under the Federal 
     Employees Health Benefits program, the Civilian Health and 
     Medical Program of the uniformed services, or the TRICARE 
     Program.

     SEC. 743. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL 
                   EMPLOYEES HEALTH BENEFITS PROGRAM.

       (a) Earned Coverage for Certain Retirees and Dependents.--
     Chapter 89 of title 5, United States Code, is amended--
       (1) in section 8905, by adding at the end the following new 
     subsection:
       ``(h) For purposes of this section, the term `employee' 
     includes a retired member of the uniformed services (as 
     defined in section 101(a)(5) of title 10) who began service 
     before June 7, 1956. A surviving widow or widower of such a 
     retired member may also enroll in an approved health benefits 
     plan described by section 8903 or 8903a of this title as an 
     individual.''; and
       (2) in section 8906(b)--
       (A) in paragraph (1), by striking ``paragraphs (2) and 
     (3)'' and inserting ``paragraphs (2) through (5)''; and
       (B) by adding at the end the following new paragraph:
       ``(5) In the case of an employee described in section 
     8905(h) or the surviving widow or widower of such an 
     employee, the Government contribution for health benefits 
     shall be 100 percent, payable by the department from which 
     the employee retired.''.
       (b) Coverage for Other Retirees and Dependents.--(1) 
     Section 1108 of title 10, United States Code, is amended to 
     read as follows:

     ``Sec. 1108. Health care coverage through Federal Employees 
       Health Benefits program

       ``(a) FEHBP Option.--The Secretary of Defense, after 
     consulting with the other administering Secretaries, shall 
     enter into an agreement with the Office of Personnel 
     Management to provide coverage to eligible beneficiaries 
     described in subsection (b) under the health benefits plans 
     offered through the Federal Employees Health Benefits program 
     under chapter 89 of title 5.
       ``(b) Eligible Beneficiaries; Coverage.--(1) An eligible 
     beneficiary under this subsection is--
       ``(A) a member or former member of the uniformed services 
     described in section 1074(b) of this title;
       ``(B) an individual who is an unremarried former spouse of 
     a member or former member described in section 1072(2)(F) or 
     1072(2)(G);
       ``(C) an individual who is--
       ``(i) a dependent of a deceased member or former member 
     described in section 1076(b) or 1076(a)(2)(B) of this title 
     or of a member who died while on active duty for a period of 
     more than 30 days; and

[[Page 8485]]

       ``(ii) a member of family as defined in section 8901(5) of 
     title 5; or
       ``(D) an individual who is--
       ``(i) a dependent of a living member or former member 
     described in section 1076(b)(1) of this title; and
       ``(ii) a member of family as defined in section 8901(5) of 
     title 5.
       ``(2) Eligible beneficiaries may enroll in a Federal 
     Employees Health Benefit plan under chapter 89 of title 5 
     under this section for self-only coverage or for self and 
     family coverage which includes any dependent of the member or 
     former member who is a family member for purposes of such 
     chapter.
       ``(3) A person eligible for coverage under this subsection 
     shall not be required to satisfy any eligibility criteria 
     specified in chapter 89 of title 5 (except as provided in 
     paragraph (1)(C) or (1)(D)) as a condition for enrollment in 
     health benefits plans offered through the Federal Employees 
     Health Benefits program under this section.
       ``(4) For purposes of determining whether an individual is 
     a member of family under paragraph (5) of section 8901 of 
     title 5 for purposes of paragraph (1)(C) or (1)(D), a member 
     or former member described in section 1076(b) or 
     1076(a)(2)(B) of this title shall be deemed to be an employee 
     under such section.
       ``(5) An eligible beneficiary who is eligible to enroll in 
     the Federal Employees Health Benefits program as an employee 
     under chapter 89 of title 5 is not eligible to enroll in a 
     Federal Employees Health Benefits plan under this section.
       ``(6) An eligible beneficiary who enrolls in the Federal 
     Employees Health Benefits program under this section shall 
     not be eligible to receive health care under section 1086 or 
     section 1097. Such a beneficiary may continue to receive 
     health care in a military medical treatment facility, in 
     which case the treatment facility shall be reimbursed by the 
     Federal Employees Health Benefits program for health care 
     services or drugs received by the beneficiary.
       ``(c) Change of Health Benefits Plan.--An eligible 
     beneficiary enrolled in a Federal Employees Health Benefits 
     plan under this section may change health benefits plans and 
     coverage in the same manner as any other Federal Employees 
     Health Benefits program beneficiary may change such plans.
       ``(d) Government Contributions.--The amount of the 
     Government contribution for an eligible beneficiary who 
     enrolls in a health benefits plan under chapter 89 of title 5 
     in accordance with this section may not exceed the amount of 
     the Government contribution which would be payable if the 
     electing beneficiary were an employee (as defined for 
     purposes of such chapter) enrolled in the same health 
     benefits plan and level of benefits.
       ``(e) Separate Risk Pools.--The Director of the Office of 
     Personnel Management shall require health benefits plans 
     under chapter 89 of title 5 to maintain a separate risk pool 
     for purposes of establishing premium rates for eligible 
     beneficiaries who enroll in such a plan in accordance with 
     this section.
       ``(f) Limitation on Number of Enrollees.--The number of 
     eligible individuals enrolled in the Federal Employees Health 
     Benefit plan under this section and pursuant to section 
     8905(h) of title 5 shall not exceed 300,000. In implementing 
     this subsection, priority shall be given to medicare eligible 
     covered beneficiaries entitled to retired or retainer pay.''.
       (2) The item relating to section 1108 at the beginning of 
     such chapter is amended to read as follows:

``1108. Health care coverage through Federal Employees Health Benefits 
              program.''.

       (3) The amendments made by this subsection shall take 
     effect on January 1, 2001.

     SEC. 744. EXTENSION OF COVERAGE OF CIVILIAN HEALTH AND 
                   MEDICAL PROGRAM OF THE UNIFORMED SERVICES.

       Section 1086 of title 10, United States Code, is amended--
       (1) in subsection (c), by striking ``Except as provided in 
     subsection (d), the'', and inserting ``The'';
       (2) by striking subsection (d); and
       (3) by redesignating subsections (e) through (h) as 
     subsections (d) through (g), respectively.

     SEC. 745. RESERVE FUND.

       The allocation of new budget authority and outlays to the 
     Committees on Armed Services of the House of Representatives 
     and the Senate shall be increased by $4,000,000,000 for 
     fiscal years 2001 through 2005 for the purpose of carrying 
     out the provisions in this Act if such increase will not 
     cause an on-budget deficit for such fiscal years.
                                  ____


                  Amendment to H.R. 4205, as Reported

                  Offered by Mrs. McCarthy of New York

       Strike section 810 (page 262, lines 1 through 16).
                                  ____


                  Amendment to H.R. 4205, as Reported

 Offered by Mr. Allen of Maine, Mr. McGovern of Massachusetts and Mr. 
                        Gejdenson of Connecticut

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

     SEC. 1038. REVISION TO LIMITATION RESPECTING STRATEGIC 
                   SYSTEMS IN ORDER TO COMPLY WITH START II 
                   TREATY.

       (a) Limitation.--Subsection (a)(2) of section 1302 of the 
     National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85) is amended --
       (1) in the matter preceding subparagraph (A), by striking 
     ``in paragraph (1)(B) shall be modified in accordance with 
     paragraph (3)'' and inserting ``in paragraph (1) shall cease 
     to apply'';
       (2) in subparagraph (C), by striking ``ratify the START II 
     treaty'' and inserting ``continue reductions in its own 
     strategic nuclear arsenal''; and
       (3) by adding at the end the following new subparagraph:
       ``(E) That reductions in the strategic nuclear delivery 
     systems of the United States are to be carried out in a 
     verifiable, symmetrical, and reciprocal manner with Russia to 
     ensure that the level of strategic nuclear delivery systems 
     deployed by the United States does not fall below the level 
     of strategic nuclear delivery systems deployed by the 
     Russia.''.
       (b) Waiver Authority.--Subsection (b) of such section is 
     amended by striking ``the limitation in effect under 
     paragraph (1)(B) or (3) of subsection (a), as the case may 
     be,'' and inserting ``the limitations in effect under 
     subsection (a)''.
                                  ____


                  Amendment to H.R. 4205, as Reported

                    Offered by Ms. Berkley of Nevada

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

     SEC. __. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                   PROGRAM.

       (a) In General.--The Energy Policy Act of 1992 is amended 
     by adding after title XXX the following new title:

   ``TITLE XXXI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                                PROGRAM

      ``Subtitle A--General Definitions and Administrative Office

     ``SEC. 3101. DEFINITIONS.

       ``For the purpose of this title--
       ``(1) the term `Department of Energy' includes the 
     predecessor agencies of the Department of Energy, including 
     the Manhattan Engineering District;
       ``(2) the term `Department of Energy facility' means any 
     building, structure, or premises, including the grounds upon 
     which they are or were located, in which operations are or 
     were conducted by, or on behalf of, the Department of Energy 
     and with regard to which the Department of Energy has or had 
     a proprietary interest or has or had entered into a contract 
     with an entity to provide management and operating, 
     management and integration, or environmental remediation;
       ``(3) the term `Director' means the Director of the 
     Occupational Illness Compensation Office appointed under 
     section 3102;
       ``(4) the term `Fund' means the Energy Employees 
     Occupational Illness Compensation Fund established under 
     section 3156;
       ``(5) the term `Office' means the Occupational Illness 
     Compensation Office established under section 3102; and
       ``(6) the term `radiation' means ionizing radiation in the 
     form of alpha or beta particles or gamma rays.

     ``SEC. 3102. OCCUPATIONAL ILLNESS COMPENSATION OFFICE.

       ``(a) Office.--There is created within the Department of 
     Energy the Occupational Illness Compensation Office.
       ``(b) Director.--The Office shall be headed by a Director 
     who shall be appointed by the Secretary of Energy and who 
     shall be compensated at the rate provided for in level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code.
       ``(c) Duties of the Director.--The Director shall 
     administer this title and carry out the duties assigned to 
     the Director.
       ``(d) Consultation with the Surgeon General.--The Director 
     may consult the Surgeon General, and the Surgeon General may 
     consult with the Director, concerning administration of this 
     title.
       ``(e) Reports.--(1) Beginning one year after the date of 
     enactment of this title, and each year thereafter, the 
     Director shall prepare a concise report concerning the status 
     of the operation of the programs under this title and shall, 
     through the Secretary of Energy, submit the report to 
     Congress and publish it in the Federal Register. This report 
     shall include information such as the number of claims filed 
     under each subtitle, the action taken regarding these claims, 
     the total and average value of the benefits furnished to 
     claimants, administrative expenses of the Office, and amounts 
     available in the Fund. The information shall be compiled in a 
     statistical format in a manner so that personal information 
     on individuals is not revealed.
       ``(2) Four years after the date of enactment of this title, 
     the Director shall prepare a report on the administration of 
     this title and the effectiveness of the program in meeting 
     the compensation needs of Department of Energy workers with 
     regard to occupational illnesses.

           ``Subtitle B--Beryllium, Silicosis, and Radiation

     ``SEC. 3111. DEFINITIONS.

       ``For purposes of this subtitle--
       ``(1) the term `atomic weapons employee' means an 
     individual employed by an atomic

[[Page 8486]]

     weapons employer during a time when the employer was 
     processing or producing for the use of the United States 
     material that emitted radiation and was used in the 
     production of an atomic weapon, as that term is defined in 
     section 11(d) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014(d));
       ``(2) the term `atomic weapons employer' means an entity 
     that--
       ``(A) processed or produced for the use of the United 
     States material that emitted radiation and was used in the 
     production of an atomic weapon, as that term is defined in 
     section 11(d) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014(d)); and
       ``(B) is designated as an atomic weapons employer for the 
     purpose of this subtitle in regulations issued by the 
     Director;
       ``(3) the term `beryllium illness' means any of the 
     following conditions:
       ``(A) Beryllium Sensitivity, established by an abnormal 
     beryllium lymphocyte proliferation test performed on either 
     blood or lung lavage cells;
       ``(B) Chronic Beryllium Disease, established by--
       ``(i) beryllium sensitivity, as defined in subparagraph 
     (A); and
       ``(ii) lung pathology consistent with Chronic Beryllium 
     Disease, such as--

       ``(I) a lung biopsy showing granulomas or a lymphocytic 
     process consistent with Chronic Beryllium Disease;
       ``(II) a computerized axial tomography scan showing changes 
     consistent with Chronic Beryllium Disease; or
       ``(III) pulmonary function or exercise testing showing 
     pulmonary deficits consistent with Chronic Beryllium Disease; 
     or

       ``(C) any injury or illness sustained as a consequence of a 
     beryllium illness as defined in subparagraph (A) or (B) of 
     this paragraph;
       ``(4) the term `beryllium vendor' means:
       ``(A) Atomics International;
       ``(B) Brush Wellman, Inc.;
       ``(C) General Atomics;
       ``(D) General Electric Company;
       ``(E) NGK Metals Corporation and its predecessors: Kawecki-
     Berylco, Cabot Corporation, BerylCo, and Beryllium 
     Corporation of America;
       ``(F) Nuclear Materials and Equipment Corporation;
       ``(G) StarMet Corporation, and its predecessor, Nuclear 
     Metals, Inc.;
       ``(H) Wyman Gordan, Inc.; or
       ``(I) any other vendor, processor, or producer of beryllium 
     or related products designated as a beryllium vendor for the 
     purposes of this subtitle in regulations issued by the 
     Director under section 3112(d);
       ``(5) the term `beryllium vendor employee' means an 
     individual employed by a beryllium vendor or a contractor or 
     a subcontractor of a beryllium vendor when the vendor, 
     contractor, or subcontractor was engaged in activities 
     related to beryllium that was produced or processed for sale 
     to, or use by, the Department of Energy;
       ``(6) the term `Department of Energy contractor employee' 
     means an individual who is or was employed at a Department of 
     Energy facility by--
       ``(A) an entity that contracted with the Department of 
     Energy to provide management and operating, management and 
     integration, or environmental remediation at the facility; or
       ``(B) a subcontractor that provided services, including 
     construction, at the facility;
       ``(7) the term `Federal employee' means an individual 
     defined as an employee in section 8101(1) of title 5, United 
     States Code, who may have been exposed to beryllium or silica 
     at a Department of Energy facility or at a facility owned, 
     operated, or occupied by a beryllium vendor;
       ``(8) the term `monthly pay' means the monthly pay at the 
     time of injury, or the monthly pay at the time disability 
     begins, or the monthly pay at the time compensable disability 
     recurs, if the recurrence begins more than six months after 
     the employee resumes regular full-time employment, whichever 
     is greater, except when otherwise determined under section 
     8113 of title 5, United States Code;
       ``(9) the term `silicosis' means an illness that is 
     established by--
       ``(A) a chest radiograph or other imaging technique 
     consistent with silicosis under criteria set forth in 
     Surveillance Case Definition for Silicosis published by the 
     National Institute for Occupational Safety and Health; and
       ``(B) pathologic findings characteristic of silicosis under 
     criteria set forth in Surveillance Case Definition for 
     Silicosis published by the National Institute for 
     Occupational Safety and Health; and
       ``(10) the term `time of injury', when used in sections of 
     title 5, United States Code, referenced in this subtitle, 
     means the last date on which--
       ``(A) a Department of Energy contractor employee, a Federal 
     employee, or a beryllium vendor employee was exposed to 
     beryllium or silica in the performance of duty as specified 
     in section 3112, if the claim or award is made under section 
     3112; or
       ``(B) a Department of Energy contractor employee or an 
     atomic weapons employee was exposed to radiation as 
     determined by rules issued under section 3113, if the claim 
     or award is made under section 3113.

     ``SEC. 3112. ELIGIBILITY OF WORKERS EXPOSED TO BERYLLIUM AND 
                   SILICA.

       ``(a) In General.--
       ``(1) To be eligible under this section for benefits under 
     section 3114--
       ``(A) a Federal employee, Department of Energy contractor 
     employee, or beryllium vendor employee must have--
       ``(i) suffered disability or death from a beryllium 
     illness; and
       ``(ii) been exposed to beryllium in the performance of 
     duty; or
       ``(B) a Federal employee or Department of Energy contractor 
     employee must have--
       ``(i) suffered disability or death from silicosis; and
       ``(ii) been exposed to silica in the performance of duty.
       ``(2) Notwithstanding paragraph (1)--
       ``(A) a Federal employee, Department of Energy contractor 
     employee, or beryllium vendor employee is eligible for 
     medical benefits under section 3114(a)(3) if the employee has 
     suffered from a beryllium illness and has been exposed to 
     beryllium in the performance of duty; and
       ``(B) a Federal employee or Department of Energy contractor 
     employee is eligible for medical benefits under section 
     3114(a)(3) if the employee has suffered from silicosis and 
     has been exposed to silica in the performance of duty,

     but was not disabled or did not die because of the beryllium 
     illness or silicosis.
       ``(b) Federal and Contractor Employee.--
       ``(1) In the absence of substantial evidence to the 
     contrary, a Federal employee or Department of Energy 
     contractor employee shall be considered to have been exposed 
     to beryllium in the performance of duty if--
       ``(A) the employee was employed at a Department of Energy 
     facility or present at a Department of Energy facility 
     because of the employee's employment when beryllium dust 
     particles or vapor may have been present at that facility; or
       ``(B) the employee was present at a facility owned by a 
     beryllium vendor because of the employee's employment when 
     dust particles or vapor of beryllium produced or processed 
     for sale to, or use by, the Department of Energy may have 
     been present at the facility.
       ``(2) In the absence of substantial evidence to the 
     contrary, a Federal employee or Department of Energy 
     contractor employee shall be considered to have been exposed 
     to silica in the performance of duty if the employee was 
     employed at a Department of Energy facility or present at a 
     Department of Energy facility because of the employee's 
     employment in an area where airborne silica dust was present.
       ``(c) Beryllium Vendor Employee.--In absence of substantial 
     evidence to the contrary, a beryllium vendor employee shall 
     be considered to have been exposed to beryllium in the 
     performance of duty if the employee was employed by a 
     beryllium vendor, or a contractor or subcontractor of a 
     beryllium vendor, and was present at that employer's site 
     because of the employment when silica or beryllium dust 
     particles or vapor of beryllium produced or processed for 
     sale to, or use by, the Department of Energy may have been 
     present at the site.
       ``(d) Additional Vendors.--The Director may designate, in 
     regulations, an additional vendor, processor, or producer of 
     beryllium or related products as a beryllium vendor for the 
     purposes of this subtitle upon the Director's finding that 
     the entity engaged in activities related to beryllium that 
     was produced or processed for sale to, or use by, the 
     Department of Energy in a manner similar to the entities 
     listed in section 3111(4).
       ``(e) Additional Illness Criteria.--The Director may 
     specify, in regulations, additional criteria by which a 
     claimant may establish the existence of a beryllium illness, 
     as defined in section 3111(3)(A) or (B), or silicosis, as 
     defined in section 3111(9).

     ``SEC. 3113. ELIGIBILITY OF WORKERS EXPOSED TO RADIATION.

       ``(a) In General.--
       ``(1) To be eligible under this section for benefits under 
     section 3114, a Department of Energy contractor employee or 
     atomic weapons employee must--
       ``(A) have suffered disability or death from cancer;
       ``(B) have contracted cancer after beginning employment at 
     a Department of Energy facility for a Department of Energy 
     contractor employee or at an atomic weapons employer facility 
     for an atomic weapons employee; and
       ``(C) fall within guidelines that--
       ``(i) are established by the Director by rule for 
     determining whether the cancer the employee contracted was at 
     least as likely as not related to employment at the facility;
       ``(ii) are based on the employee's exposure to radiation at 
     the facility;
       ``(iii) incorporate the methods established under 
     subsection (b)(1)(A); and
       ``(iv) take into consideration the type of cancer; past 
     health-related activities, such as smoking; information on 
     the risk of developing a radiation-related cancer from 
     workplace exposure; and other relevant factors.
       ``(2) Notwithstanding paragraph (1), a Department of Energy 
     contractor employee or atomic weapons employee is eligible 
     for medical benefits under section 3114(a)(3) if the employee 
     meets the requirements of paragraph (1)(B) and (C), but was 
     not disabled or did not die because of the cancer.

[[Page 8487]]

       ``(b) Radiation Dose.--
       ``(1) The Director shall--
       ``(A) establish, by rule, methods for arriving at 
     reasonable estimates of the radiation doses Department of 
     Energy contractor employees received at a Department of 
     Energy facility and an atomic weapons employee received at a 
     facility operated by an atomic weapons employer if the 
     employee were not monitored for exposure to radiation at the 
     facility or were monitored inadequately, or if the employees 
     exposure records are missing or incomplete; and
       ``(B) provide to an employee who meets the requirements of 
     subsection (a)(1)(B) an estimate of the radiation dose the 
     employee received based on dosimetry reading, a method 
     established under subparagraph (A), or a combination of both.
       ``(2) The Director shall establish an independent review 
     process to review the methods established under subsection 
     (b)(1)(A) and the application of those methods and to verify 
     a reasonable sample of individual dose reconstructions 
     provided under subsection (b)(1)(B).
       ``(c) Resolution of Reasonable Doubt.--In determining 
     whether an employee meets the requirements of this section, 
     the Director shall resolve any reasonable doubt in favor of 
     the employee.
       ``(d) Naval Nuclear Propulsion Program.--A Department of 
     Energy contractor employee or atomic weapons employee who is 
     or was employed at a facility or in an activity covered by 
     Executive Order No. 12344, dated February 1, 1982, pertaining 
     to the Naval nuclear propulsion program, is not eligible 
     under this section for benefits under section 3114.

     ``SEC. 3114. COMPENSATION FOR DISABILITY OR DEATH, MEDICAL 
                   SERVICES, AND VOCATIONAL REHABILITATION.

       ``(a) In General.--
       ``(1) Except as otherwise provided in this subtitle and 
     subject to the availability of amounts in the Fund, unless 
     the disability or death was caused by one of the 
     circumstances set forth in subsection (a)(1)-(2) of section 
     8102 of title 5, United States Code, the Director shall, for 
     an employee the Director determines meets the requirements of 
     section 3112(a)(1) or 3113(a)(1)--
       ``(A) pay the compensation specified in sections 8105-8110, 
     8111(a), 8112-13, 8115, 8117, 8133-8135, and 8146a(a)-(b) of 
     title 5, United States Code;
       ``(B) furnish the medical services and other benefits 
     specified in section 8103(a) of title 5, United States Code; 
     and
       ``(C) reimburse medical expenses incurred by an employee or 
     employee's survivor before the Director's determination is 
     made and that have not been or will not be reimbursed by any 
     source.
       ``(2) The Director may direct a permanently disabled 
     employee whose disability is compensable under this section 
     to undergo vocational rehabilitation as a condition for 
     receiving benefits under paragraph (1) and shall provide for 
     furnishing vocational rehabilitation services pursuant to 
     sections 8104 and 8111(b) of title 5, United States Code.
       ``(3) Except as otherwise provided in this subtitle and 
     subject to the availability of amounts in the Fund, the 
     Director shall, for an employee the Director determines meets 
     the requirements of section 3112(a)(2) or 3113(a)(2)--
       ``(A) furnish the medical services and other benefits 
     specified in section 8103(a) of title 5, United States Code; 
     and
       ``(B) reimburse medical expenses incurred by an employee or 
     employee's survivor before the Director's determination is 
     made and that have not been or will not be reimbursed by any 
     source.
       ``(4) An employee or the employee's survivor shall not 
     receive compensation under paragraph (1)(A) for more than one 
     disability.
       ``(b) Fund.--All compensation provided and services paid 
     for under this section shall be paid from the Fund and shall 
     be limited to amounts available in the Fund.
       ``(c) Computation of Pay.--Computation of pay under this 
     subtitle shall be determined in accordance with section 8114 
     of title 5, United States Code.

     ``SEC. 3115. LUMP SUM COMPENSATION.

       ``(a) Beryllium.--A Federal employee, Department of Energy 
     contractor employee, or beryllium vendor employee may elect 
     to receive compensation in the amount of $100,000 in place of 
     any other compensation or services under this subtitle to 
     which the employee might otherwise be entitled, if the 
     Director determines the employee--
       ``(1) was exposed to beryllium in the performance of duty, 
     as set forth in section 3112;
       ``(2) was diagnosed before the date of enactment of this 
     subtitle as having--
       ``(A) Chronic Beryllium Disease as defined in section 
     3111(1)(B), or
       ``(B) a beryllium-related pulmonary condition that does not 
     meet the criteria necessary to establish the existence of a 
     beryllium illness under section 3111(1) but that was 
     determined, either contemporaneously or later, to be 
     consistent with Chronic Beryllium Disease as defined in 
     section 3111(1)(B); and
       ``(3) demonstrates the existence of a beryllium illness or 
     beryllium-related pulmonary condition and its diagnosis by 
     medical documentation created during the employee's lifetime 
     or at the time of death or autopsy.
       ``(b) Silicosis.--A Federal employee or Department of 
     Energy contractor employee may elect to receive compensation 
     in the amount of $100,000 in place of any other compensation 
     or services under this subtitle to which the employee might 
     otherwise be entitled, if the Director determines the 
     employee--
       ``(1) was exposed to silica in the performance of duty, as 
     set forth in section 3112,
       ``(2) was diagnosed before the date of enactment of this 
     subtitle as having silicosis; and
       ``(3) demonstrates the existence of silicosis and its 
     diagnosis by medical documentation created during the 
     employee's lifetime or at the time of death or autopsy.
       ``(c) Radiation.--A Department of Energy contractor 
     employee or atomic weapon employee may elect to receive 
     compensation in the amount of $100,000 in place of any other 
     compensation or services under this subtitle to which the 
     employee might otherwise be entitled, if the Director 
     determines the employee--
       ``(1) developed a cancer before the date of enactment of 
     this subtitle;
       ``(2) contracted cancer after beginning employment at a 
     Department of Energy facility for a Department of Energy 
     contractor employee or at an atomic weapons employer facility 
     for an atomic weapons employee; and
       ``(3) falls within guidelines the Director established 
     under section 3113(a)(1)(C).
       ``(d) Death Before Election.--If an employee who would be 
     eligible to make an election provided by this section dies 
     before the date of enactment of this subtitle, or before 
     making the election, whether or not the death is the result 
     of a beryllium-related condition, silicosis, or a cancer, the 
     employee's survivor may make the election and receive the 
     compensation under this section. The right to make an 
     election and receive compensation under this section shall be 
     afforded to survivors in the order of precedence set forth in 
     section 8109 of title 5, United States Code.
       ``(e) Time Limit.--The election under this section shall be 
     made within 60 days after the date the Director informs the 
     employee or the employee's survivor of a determination on 
     awarding benefits made by the Director under section 3114. 
     The election when made by an employee or survivor is 
     irrevocable and binding on the employee and all survivors.
       ``(f) Condition and Illness.--A determination that an 
     employee, or a survivor on behalf of an employee, has 
     established a beryllium-related pulmonary condition under 
     subsection (a)(2)(B) does not constitute a determination that 
     the existence of a beryllium illness has been established.
       ``(g) Cost of Living Adjustment.--The compensation payable 
     under this section is not subject to the cost-of-living 
     adjustment set forth in section 8146a (a) of title 5, United 
     States Code.

     ``SEC. 3116. ADJUDICATION.

       ``Except to the extent specified otherwise in this 
     subtitle, the Director shall determine and adjudicate issues 
     under this subtitle in accordance with sections 8123-8127 and 
     8129 of title 5, United States Code.

    ``Subtitle C--Gaseous Diffusion Employees Exposure Compensation

     ``SEC. 3121. DEFINITIONS.

       ``For purposes of this subtitle--
       ``(1) the term `gaseous diffusion employee' means an 
     individual who is or was employed at the Paducah, Kentucky; 
     Portsmouth, Ohio; or Oak Ridge, Tennessee; gaseous diffusion 
     plant by--
       ``(A) the Department of Energy; or
       ``(B) an entity that contracted with the Department of 
     Energy to provide management and operating, management and 
     integration, or environmental remediation at the plant; and
       ``(2) the term `specified disease' means--
       ``(A) leukemia (other than chronic lymphocytic leukemia);
       ``(B) multiple myeloma;
       ``(C) lymphomas (other than Hodgkin's disease);
       ``(D) primary liver cancer; and
       ``(E) cancer of the--
       ``(i) thyroid;
       ``(ii) male or female breast;
       ``(iii) pharynx;
       ``(iv) esophagus;
       ``(v) stomach;
       ``(vi) small intestine;
       ``(vii) pancreas;
       ``(viii) bile ducts;
       ``(ix) gall bladder;
       ``(x) salivary gland;
       ``(xi) urinary tract;
       ``(xii) lung, provided not a heavy smoker;
       ``(xiii) bone; and
       ``(xii) bronchiolo-alveolae.

     ``SEC. 3122. ELIGIBLE EMPLOYEES.

       ``(a) In General.--A gaseous diffusion employee who--
       ``(1) was employed at a gaseous diffusion plant for at 
     least one year during the period beginning on January 1, 
     1953, and ending on February 1, 1992;
       ``(2) during that period--
       ``(A) was monitored through the use of dosimetry badges for 
     exposure at the plant of the external parts of the employee's 
     body to radiation; or
       ``(B) worked in a job that had exposures comparable to a 
     job that was monitored through the use of dosimetry badges; 
     and

[[Page 8488]]

       ``(3) contracted a specified disease after employment under 
     conditions specified in subparagraphs (1) and (2),

     shall receive $100,000, if a claim for payment is filed with 
     the Director by or on behalf of the gaseous diffusion 
     employee and the Director determines, in accordance with 
     section 3123, that the claim meets the requirements of this 
     subtitle.
       ``(b) Payment Limitations.--
       ``(1) Payments under this section shall be limited to 
     amounts available in the Fund.
       ``(2) An employee or the employee's survivor shall not 
     receive more than one payment under this subtitle.

     ``SEC. 3123. DETERMINATION AND PAYMENT OF CLAIMS.

       ``(a) Determination.--The Director shall establish, under 
     regulations the Director issues, procedures for filing a 
     claim and for determining whether a claim filed under this 
     subtitle meets the requirements of this subtitle.
       ``(b) Payment.--
       ``(1) The Director shall pay, from the Fund and limited to 
     amounts available in the Fund, claims filed under this 
     subtitle that the Director determines meet the requirements 
     of this subtitle.
       ``(2)(A) In the case of a gaseous diffusion employee who is 
     deceased at the time of payment under this section, a payment 
     shall be made only as follows--
       ``(i) if the gaseous diffusion employee is survived by a 
     spouse who is living at the time of payment, the payment 
     shall be made to the surviving spouse;
       ``(ii) if there is no spouse living at the time of payment, 
     the payment shall be made in equal shares to all children of 
     the gaseous diffusion employee who are living at the time of 
     payment; or
       ``(iii) if there are no spouse or children living at the 
     time of payment, the payment shall be made in equal shares to 
     the parents of the gaseous diffusion employee who are living 
     at the time of payment.
       ``(B) If a gaseous diffusion employee eligible for payment 
     under this subtitle dies before filing a claim under this 
     subtitle, a survivor of that employee who may receive payment 
     under subparagraph (A) may file a claim for payment under 
     this subtitle.
       ``(C) For purposes of this section--
       ``(i) the spouse of a gaseous diffusion employee is a wife 
     or husband of that employee who was married to that employee 
     for at least one year immediately before the death of the 
     employee;
       ``(ii) a child includes stepchildren, adopted children, and 
     posthumous children; and
       ``(iii) a parent includes step-parents and parents by 
     adoption.

   ``Subtitle D--Energy Workers Exposed to Other Hazardous Materials

     ``SEC. 3131. WORKERS EXPOSED TO OTHER HAZARDOUS MATERIALS.

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `Department of Energy contractor employee' 
     means an individual who is or was employed at a Department of 
     Energy facility by an entity that contracted with the 
     Department of Energy to provide management and operating, 
     management and integration, or environmental remediation at 
     the facility; and
       ``(2) the term `panel' means a physicians panel established 
     under subsection (d).
       ``(b) Director Review.--The Director shall--
       ``(1) establish procedures under which an individual may 
     submit an application for review and assistance under this 
     section, and
       ``(2) review an application submitted under this section 
     and determine whether the applicant submitted reasonable 
     evidence that--
       ``(A) the application was filed by or on behalf of a 
     Department of Energy contractor employee or employee's 
     estate; and
       ``(B) the illness or death of the Department of Energy 
     contractor employee may have been related to employment at a 
     Department of Energy facility.
       ``(c) Director Determination.--If the Director determines 
     that the applicant submitted reasonable evidence under 
     subsection (b)(2), the Director shall submit the application 
     to a physicians panel established under subsection (d). The 
     Director shall assist the employee in obtaining additional 
     evidence within the control of the Department of Energy and 
     relevant to the panel's deliberations.
       ``(d) Panel.--
       ``(1) The Director shall inform the Secretary of Health and 
     Human Services of the number of physicians panels the 
     Director has determined to be appropriate to administer this 
     section, the number of physicians needed for each panel, and 
     the area of jurisdiction of each panel. The Director may 
     determine to have only one panel.
       ``(2) The Secretary of Health and Human Services shall 
     compile a list of physicians with experience and competency 
     in diagnosing occupational illnesses for each panel and 
     provide the list to the Director. The Director shall appoint 
     panel members from the list under section 3109 of title 5, 
     United States Code. Each member of a panel shall be paid at 
     the rate of pay payable for level III of the Executive 
     Schedule for each day (including travel time) the member is 
     engaged in the work of a panel.
       ``(3) A panel shall review an application submitted to it 
     by the Director and determine, under guidelines established 
     by the Director, by rule, whether--
       ``(A) the illness or death that is the subject of the 
     application arose out of and in the course of employment by 
     the Department of Energy and exposure to a hazardous material 
     at a Department of Energy facility; and
       ``(B) the Department of Energy contractor employee who is 
     the subject of the application would be ineligible to receive 
     benefits under section 3114, 3115, 3123, or 3132.
       ``(4) At the request of a panel, the Director and a 
     contractor who employed a Department of Energy contractor 
     employee shall provide additional information relevant to the 
     panel's deliberations. A panel may consult specialists in 
     relevant fields as it determines necessary.
       ``(5) Once a panel has made a determination under paragraph 
     (3), it shall report to the Director its determination and 
     the basis for the determination.
       ``(e) Assistance.
       ``(1) The Director shall review a panel's determination 
     made under subsection (d), information the panel considered 
     in reaching its determination, any relevant new information 
     not reasonably available at the time of the panel's 
     deliberations, and the basis for the panel's determination. 
     The Director shall accept the panel's determination in the 
     absence of compelling evidence to the contrary.
       ``(2) If the panel has made a positive determination under 
     subsection (d) and the Director accepts the determination, or 
     the panel has made a negative determination under subsection 
     (d) and the Director finds compelling evidence to the 
     contrary, the Director shall--
       ``(A) assist the applicant to file a claim under the 
     appropriate State workers compensation system based on the 
     health condition that was the subject of the determination;
       ``(B) recommend to the Secretary of Energy that the 
     Department of Energy not contest a claim filed under a State 
     workers compensation system based on the health condition 
     that was the subject of the determination and not contest an 
     award made under a State workers compensation system 
     regarding that claim; and
       ``(C) recommend to the Secretary of Energy that the 
     Secretary direct, as permitted by law, the contractor who 
     employed the Department of Energy contractor employee who is 
     the subject of the claim not to contest the claim or an award 
     regarding the claim.
       ``(f) Information.--At the request of the Director, a 
     contractor who employed a Department of Energy contractor 
     employee shall make available to the Director or the 
     employee, information relevant to deliberations under this 
     section.

     ``SEC. 3132. PANEL-EXAMINED OAK RIDGE WORKERS.

       ``(a) Physicians Panel Report.--A panel of physicians who 
     specialize in diseases and health conditions related to 
     occupational exposure to radiation, hazardous materials, or 
     both selected by the contractor that managed the Department 
     of Energy's East Tennessee Technology Park (referred to in 
     this section as the `facility') shall prepare a report 
     concerning medical examinations of not more than 55 current 
     and former employees of the facility. This panel is separate 
     and apart from a panel appointed by the Director under 
     section 3131(d). The report shall address whether each of 
     these employees may have sustained any illness or other 
     adverse health condition as a result of their employment at 
     the facility.
       ``(b) Director Finding.--The contractor shall provide the 
     report of the panel completed under subsection (a) to the 
     Director. The Director shall make a finding as to whether an 
     employee covered by the report sustained an illness or other 
     adverse health condition as a result of exposure to 
     radiation, hazardous materials, or both as part of employment 
     at the facility.
       ``(c) Award.--If the Director makes a positive finding 
     under subsection (b) regarding an employee, the Director 
     shall make an award to the employee of $100,000 from the 
     Fund, limited to amounts available in the Fund. An employee 
     shall not receive more than one award under this subtitle.

                    ``Subtitle E--General Provisions

     ``SEC. 3141. DUAL BENEFITS.

       ``(a) Benefits Under More Than One Section.--
       ``(1) An individual may not receive benefits, because of 
     the same illness or death or because of more than one illness 
     or death, under more than one of the following sections: 
     3114, 3115, 3123, or 3132. An individual who is eligible to 
     receive benefits under more than one of those sections 
     because shall elect one section under which to receive 
     benefits.
       ``(2) A widow or widower who is eligible for benefits under 
     this title derived from more than one husband or wife shall 
     elect one benefit to receive.
       ``(b) Benefits Under This Title and Other Federal Illness 
     or Death Benefits.--
       ``(1) An individual who is eligible to receive benefits 
     under this title because of an illness or death of a Federal 
     employee and who also is entitled to receive from the United 
     States under a statute other than this title payments or 
     benefits for that same illness or

[[Page 8489]]

     death, including payments and other benefits under another 
     Federal workers compensation system but not including 
     proceeds of an insurance policy, shall elect which benefits 
     to receive.
       ``(2) An individual who has been awarded benefits under 
     this title, and who also has received benefits from another 
     Federal workers compensation system because of the same 
     illness or death, shall receive compensation under this title 
     reduced by the amount of any workers compensation benefits 
     that the individual has received under the Federal workers 
     compensation system as a result of the illness or death, 
     after deducting--
       ``(A) payments received under the Federal workers 
     compensation system for medical expenses that are not 
     reimbursed under section 3114; and
       ``(B) the reasonable costs, as determined by the Director, 
     of obtaining benefits under the Federal workers compensation 
     system.
       ``(c) Benefits Under This Title and State Workers 
     Compensation Benefits.--
       ``(1) An individual who is eligible to receive benefits 
     under this title because of an illness or death and who also 
     is entitled to receive benefits because of the same illness 
     or death from a State workers compensation system shall elect 
     which benefits to receive, unless:
       ``(A) at the time of injury, workers compensation coverage 
     for the employee was secured by a policy or contract of 
     insurance; and
       ``(B) the Director waives, because of the substantial 
     financial benefit to the United States, the requirement to 
     make such an election.
       ``(2) Except as specified in paragraph (3), an individual 
     who has been awarded benefits under this title and who also 
     has received benefits from a State workers compensation 
     system because of the same illness or death, shall receive 
     compensation under this title reduced by the amount of any 
     workers compensation benefits that the individual has 
     received under the State workers compensation system as a 
     result of the illness or death, after deducting--
       ``(A) payments received under the State workers 
     compensation system for medical expenses that are not 
     reimbursed under section 3114; and
       ``(B) the reasonable costs, as determined by the Director, 
     of obtaining benefits under the State workers compensation 
     system.
       ``(3) An individual described in paragraph (2) who also has 
     received, under paragraph (1)(B), a waiver of the requirement 
     to elect between benefits under this title and benefits under 
     a State workers compensation system, shall receive 
     compensation under this title reduced by eighty percent of 
     the net amount of any workers compensation benefits that the 
     individual has received under a State workers compensation 
     system because of the same illness, after deducting--
       ``(A) payments received under the State workers 
     compensation system for medical expenses that are not 
     reimbursed under section 3114; and
       ``(B) the reasonable costs, as determined by the Director, 
     of obtaining benefits under the State workers compensation 
     system.
       ``(d) Other Statutes.--An individual may not receive 
     compensation under this title for a radiation-related cancer 
     and also receive compensation under the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note) or under the 
     Radiation-Exposed Veterans Compensation Act (38 U.S.C. 
     1112(c)).
       ``(e) Subtitle B Benefits and Retirement Benefits.--
       ``(1) If an employee or employee's survivor who is awarded 
     payments for lost wages under section 3114 receives a 
     retirement payment from any source, the Director shall 
     adjust, if necessary, the amount of the lost wages paid under 
     section 3114 so that the combination of lost wages under 
     section 3114 and retirement benefits from any source to be 
     paid in a year does not exceed the employee's last annual 
     salary.
       ``(2) An employee or employee's survivor shall inform the 
     Director at the time of filing an application for benefits 
     under subtitle B if the employee or employee's survivor is 
     receiving retirement payments. An employee or employee's 
     survivor who is not receiving retirement benefits when filing 
     an application for benefits under subtitle B and who is 
     awarded benefits for lost wages under subtitle B shall inform 
     the Director of receipt of retirement payments no later than 
     30 days before receiving the first retirement payment.
       ``(f) Election.--
       ``(1) If an individual is required to make an election 
     under this section, the individual shall make the election 
     within a reasonable time, as determined by the Director.
       ``(2) An election when made by an individual is irrevocable 
     and binding on the employee and all survivors.

     ``SEC. 3142. EXCLUSIVE REMEDY UNDER SUBTITLE B AGAINST THE 
                   UNITED STATES, CONTRACTORS, AND SUBCONTRACTORS.

       ``(a) In General.--The liability of the United States or an 
     instrumentality of the United States under subtitle B with 
     respect to a cancer, silicosis, beryllium illness, beryllium-
     related pulmonary condition, or death of an employee is 
     exclusive and instead of all other liability--
       ``(1) of--
       ``(A) the United States;
       ``(B) any instrumentality of the United States;
       ``(C) a contractor that contracted with the Department of 
     Energy to provide management and operating, management and 
     integration, or environmental remediation of a Department of 
     Energy facility;
       ``(D) a subcontractor that provided services, including 
     construction, at a Department of Energy facility; and
       ``(E) an employee, agent, or assign of an entity specified 
     in subparagraphs (A)-(D),
       ``(2) to--
       ``(A) the employee;
       ``(B) the employee's legal representative, spouse, 
     dependents, survivors, and next of kin; and
       ``(C) any other person, including any third party as to 
     whom the employee has a cause of action relating to the 
     illness or death, otherwise entitled to recover damages from 
     the United States, the instrumentality, the contractor, the 
     subcontractor, or the employee, agent, or assign of one of 
     them,
     because of that cancer, silicosis, beryllium illness, 
     beryllium-related pulmonary condition, or death in any 
     proceeding or action, including a direct judicial proceeding, 
     a civil action, a proceeding in admiralty, or a proceeding 
     under a tort liability statute or the common law.
       ``(b) Final Judgment.--This section applies to all cases in 
     which a final judgment that is not subject to any further 
     judicial review has not been entered on or before the date of 
     enactment of this subtitle.
       ``(c) Workers Compensation.--This section does not apply to 
     an administrative or judicial proceeding under a State or 
     Federal workers compensation statute, subject to section 
     3141.

     ``SEC. 3143. ELECTION OF REMEDY.

       ``(a) Beryllium Vendors and Atomic Weapons Employers.--
       ``(1) If an individual elects to accept compensation under 
     subtitle B with respect to a cancer, beryllium illness, 
     beryllium-related pulmonary condition, or death of an 
     employee, that acceptance of payment shall be in full 
     settlement of all claims--
       ``(A) against--
       ``(i) a beryllium vendor or a contractor or a subcontractor 
     of a beryllium vendor;
       ``(ii) an atomic weapons employer; and
       ``(iii) an employee, agent, or assign of a beryllium 
     vendor, of a contractor or a subcontractor of a beryllium 
     vendor, or of an atomic weapons employer,
       ``(B) by--
       ``(i) that individual;
       ``(ii) that individual's legal representative, spouse, 
     dependents, survivors, and next of kin; and
       ``(iii) any other person, including any third party as to 
     whom the employee has a cause of action relating to the 
     illness or death, otherwise entitled to recover damages from 
     the beryllium vendor, the contractor or the subcontractor of 
     the beryllium vendor, the atomic weapons employer, or the 
     employee, agent, or assign of the beryllium vendor, of the 
     contractor or the subcontractor of the beryllium vendor, or 
     of the atomic weapons employer,

     that arise out of that cancer, beryllium illness, beryllium-
     related pulmonary condition, or death in any proceeding or 
     action, including a direct judicial proceeding, a civil 
     action, a proceeding in admiralty, or a proceeding under a 
     tort liability statute or the common law.
       ``(2) For purposes of this subsection, atomic weapons 
     employer has the meaning given that term in section 3111(2) 
     and beryllium vendor has the meaning given that term in 
     section 3111(4).
       ``(b) Payment under Subtitle C and Section 3132 of Subtitle 
     D.--If an individual elects to accept payment under subtitle 
     C or section 3132 of subtitle D, that acceptance of payment 
     shall be in full settlement of all claims--
       ``(1) against--
       ``(A) the United States;
       ``(B) any instrumentality of the United States;
       ``(C) a contractor that contracted with the Department of 
     Energy to provide management and operating, management and 
     integration, or environmental remediation of a Department of 
     Energy facility;
       ``(D) a subcontractor that provided services, including 
     construction, at a Department of Energy facility; and
       ``(E) an employee, agent, or assign of an entity or 
     individual specified in clauses (A)-(D),
       ``(2) by--
       ``(A) that individual;
       ``(B) that individual's legal representative, spouse, 
     dependents, survivors, and next of kin; and
       ``(C) any other person, including any third party as to 
     whom the employee has a cause of action relating to the 
     illness or death for which the payment was made, otherwise 
     entitled to recover damages from an entity or individual 
     specified in subparagraph (1),

     that arise out of that illness or death for which the payment 
     was made, in any proceeding or action including a direct 
     judicial proceeding, a civil action, a proceeding in 
     admiralty, or a proceeding under a tort liability statute or 
     the common law.

[[Page 8490]]

       ``(c) Workers Compensation.--This section does not apply to 
     an administrative or judicial proceeding under a State or 
     Federal workers compensation statute, subject to section 
     3141.
       ``(d) Final Judgment.--This section applies to all cases in 
     which a final judgment that is not subject to any further 
     judicial review has not been entered on or before the date of 
     enactment of this title.

     ``SEC. 3144. SUBROGATION OF THE UNITED STATES.

       ``(a) In General.--If an illness, disability, or death for 
     which compensation under this title is payable is caused 
     under circumstances creating a legal liability in a person 
     other than the United States to pay damages, sections 8131 
     and 8132 of title 5, United States Code, apply, except to the 
     extent specified in this title.
       ``(b) Fund.--For purposes of this section, references in 
     section 8131 and 8132 of title 5, United States Code, to the 
     Employees Compensation Fund mean the Energy Employees 
     Occupational Illness Compensation Fund.
       ``(c) Appearance of Employee.--For the purposes of this 
     subtitle, the part of section 8131 of title 5, United States 
     Code, that provides that an employee required to appear as a 
     party or witness in the prosecution of an action described in 
     that section is in an active duty status while so engaged 
     applies only to a Federal employee.

     ``SEC. 3145. TIME LIMITATION ON FILING A CLAIM.

       ``(a) In General.--A claim under this title must be filed 
     within the later of seven years after the effective date of 
     this title; or--
       ``(1) for claims under section 3112, seven years after the 
     date the claimant first becomes aware of--
       ``(A) a diagnosis of a beryllium illness or a beryllium-
     related pulmonary condition; and
       ``(B) the causal connection of the claimant's illness or 
     condition to exposure to beryllium in the performance of 
     duty; and
       ``(2) for claims under other provisions of this title, 
     seven years after the date the claimant first becomes aware 
     of--
       ``(A) a diagnosis of the illness that is the subject of the 
     claim; and
       ``(B) the causal connection of the claimant's illness to 
     exposure at a Department of Energy facility or at an atomic 
     weapons employer facility.
       ``(b) New Period.--A new limitations period commences with 
     each later diagnosis of an illness or condition mentioned in 
     subsection (a) different from that previously diagnosed.
       ``(c) Death Claim.--If a claim filed for disability under 
     this title meets the requirements of this section, the claim 
     meets the requirements of this section regarding death 
     benefits under this title.

     ``SEC. 3146. ASSIGNMENT OF CLAIM.

       ``An assignment of a claim for compensation under this 
     title is void. Compensation and claims for compensation under 
     this title are exempt from claims of creditors.

     ``SEC. 3147. REVIEW OF AWARD.

       ``The action of the Director or of the Panel under section 
     3148 in allowing or denying a payment under this title is not 
     subject to judicial review by mandamus or otherwise.

     ``SEC. 3148. OCCUPATIONAL ILLNESS COMPENSATION APPEALS PANEL.

       ``(a) Regulations issued by the Director under this title 
     shall provide for an Occupational Illness Compensation 
     Appeals Panel of three individuals with authority to hear 
     and, subject to applicable law and the regulations of the 
     Director, make final decisions on appeals taken from 
     determinations and awards with respect to claims of 
     employees. Under an agreement between the Director and 
     another Federal agency, a panel appointed by the other 
     Federal agency may provide these appellate decision-making 
     services.
       ``(b) An individual may appeal to the panel a negative 
     determination of the Director made under section 3114, 3115, 
     3123, 3131, or 3132.

     ``SEC. 3149. RECONSIDERATION.

       ``(a) New Guidelines.--An employee or employee's survivor 
     may obtain reconsideration of a decision denying coverage 
     under this title if the Director issues new criteria for a 
     beryllium illness or silicosis under section 3112(e), new 
     guidelines for radiation-related cancer under section 
     3113(a)(1)(C), or new guidelines for other occupational 
     illnesses under section 3131(d)(3). In order to obtain 
     reconsideration, an employee or employee's survivor must 
     submit evidence that is directly relevant to the change in 
     the new criteria or guidelines.
       ``(b) New Evidence.--An employee or employee's survivor may 
     obtain reconsideration of a decision denying an application 
     for benefits or assistance under this title if the employee 
     or employee's survivor has additional medical or other 
     information relevant to the claim that was not reasonably 
     available at the time of the decision and that likely would 
     lead to the reversal of the decision.
       ``(c) Action on Reconsideration.--The Director, in 
     accordance with the facts found on reconsideration, may--
       ``(1) end, decrease, or increase the compensation 
     previously awarded; or
       ``(2) award compensation or assistance previously refused 
     or discontinued.

     ``SEC. 3150. ATTORNEY FEES.

       ``Notwithstanding any contract, the representative of an 
     employee or employee's survivor may not receive, for services 
     rendered in connection with the claim of the employee or 
     employee's survivor under this title, more than 10 per centum 
     of a payment made under this title on the claim. A 
     representative who violates this section shall be fined not 
     more than $5,000.

     ``SEC. 3151. CERTAIN CLAIMS OR PAYMENTS NOT AFFECTED BY 
                   AWARDS OF DAMAGES OR FILING A CLAIM.

       ``A payment made under this title shall not be considered 
     as any form of compensation or reimbursement for a loss for 
     purposes of imposing liability on the individual receiving 
     the payment, on the basis of this receipt, to repay any 
     insurance carrier for insurance payments. A payment under 
     this title does not affect a claim against an insurance 
     carrier with respect to insurance. Filing a claim for 
     benefits under this title shall not be considered grounds for 
     termination of insurance payments.

     ``SEC. 3152. TREATMENT OF PAYMENTS UNDER OTHER LAWS.

       ``An amount paid to an individual under this title--
       ``(1) shall not be subject to Federal income tax under the 
     internal revenue laws of the United States;
       ``(2) shall not be included as income or resources for 
     purposes of determining eligibility to receive benefits 
     described in section 3803(c)(2)(C) of title 31, United States 
     Code or the amount of those benefits; and
       ``(3) shall not be subject to offset under section 3701 et 
     seq. of title 31, United States Code.

     ``SEC. 3153. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

       ``(a) Forfeit Compensation.--An individual convicted of a 
     violation of section 1920 of title 18, or any other Federal 
     or State criminal statute relating to fraud in the 
     application for or receipt of any benefit under this title or 
     under any other Federal or State workers compensation law, 
     shall forfeit (as of the date of the conviction) any 
     compensation under this title that individual would otherwise 
     be awarded for any illness for which the time of injury was 
     on or before the date of the conviction. This forfeiture 
     shall be in addition to any action the Director takes under 
     sections 8106 or 8129 of title 5, United States Code.
       ``(b) Dependents.--
       ``(1) Notwithstanding any other law, except as provided 
     under paragraph (2), compensation under this title shall not 
     be paid or provided to an individual while the individual is 
     confined in a jail, prison, or other penal institution or 
     correctional facility, pursuant to conviction of a felony. 
     After this period of incarceration ends, the individual shall 
     not receive compensation forfeited during the period of 
     incarceration.
       ``(2) If an individual has one or more dependents as 
     defined under section 8110(a) of title 5, United States Code, 
     the Director may, during the period of incarceration, pay to 
     these dependents a percentage of the compensation under 
     section 3114 that would have been payable to the individual 
     computed according to the percentages set forth in section 
     8133(a)(1) through (5) of title 5, United States Code.
       ``(c) Information.--Notwithstanding section 552a of title 
     5, United States Code, or any other Federal or State law, an 
     agency of the United States, a State, or a political 
     subdivision of a State shall make available to the Director, 
     upon written request from the Director and if the Director 
     requires the information to carry out this section, the names 
     and Social Security account numbers of individuals confined, 
     for conviction of a felony, in a jail, prison, or other penal 
     institution or correctional facility under the jurisdiction 
     of that agency.

     ``SEC. 3154. CIVIL SERVICE RETENTION RIGHTS.

       ``If a Federal employee found to be disabled under subtitle 
     B resumes employment with the Federal Government, the 
     employee shall be entitled to the rights set forth in section 
     8151 of title 5, United States Code.

     ``SEC. 3155. CONSTRUCTION.

       ``(a) Authority of the Director under Other Laws.--For 
     purposes of this title, the Director has the same authority 
     or obligation, if any, under a law referenced in this title 
     as the Secretary of Labor has under that law.
       ``(b) Regulations.--After the Director issues regulations 
     to implement this title, a regulation under a law referenced 
     in this title applies to the Office and the Director as it 
     applies to the Department of Labor and the Secretary of 
     Labor, unless in the implementing regulations the Director 
     modifies or disavows that regulation for the purposes of this 
     title.

     ``SEC. 3156. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                   COMPENSATION FUND.

       ``(a) Fund.--To carry out this title, there is hereby 
     created in the Treasury of the United States the Energy 
     Employees Occupational Illness Compensation Fund, which shall 
     consist of--
       ``(1) sums that are appropriated for it;
       ``(2) amounts that are transferred to it from other 
     Department of Energy accounts pursuant to section 3157(a); 
     and
       ``(3) amounts that would otherwise accrue to it under this 
     title.
       ``(b) Use of Fund.--Amounts in the Fund may be used for the 
     payment of compensation under this title and other benefits 
     and

[[Page 8491]]

     expenses authorized by this title and for payment of all 
     expenses incurred in administering this title. These funds 
     may be appropriated to remain available until expended.
       ``(c) Cost Determinations.--
       ``(1) Within 45 days of the end of every quarter of every 
     fiscal year, the Director shall determine the total costs of 
     compensation, benefits, administrative expenses, and other 
     payments made from the Fund during the quarter just ended; 
     the end-of-quarter balance in the Fund; and the amount 
     anticipated to be needed during the immediately succeeding 
     two quarters for the payment of compensation, benefits, and 
     administrative expenses under this title.
       ``(2) Each cost determination made in the last quarter of 
     the fiscal year under paragraph (1) shall show, in addition, 
     the total costs of compensation, benefits, administrative 
     expenses, and other payments from the Fund during the 
     preceding twelve-month expense period and an estimate of the 
     expenditures from the Fund for the payment of compensation, 
     benefits, administrative expenses, and other payments for 
     each of the immediately succeeding two fiscal years.

     ``SEC. 3157. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization.--There is hereby authorized to be 
     appropriated to the Department of Energy for deposit into the 
     Fund such sums as are necessary to carry out the purposes of 
     this title. In addition, the Secretary of Energy may, to the 
     extent provided in advance in appropriations Acts, transfer 
     amounts to the Fund from other Department of Energy 
     appropriations accounts, to be merged with amounts in the 
     Fund and available for the same purposes.
       ``(b) Limits on Compensation.--In any fiscal year, the 
     Director shall limit the amount of the compensation under 
     this title, benefits payments, and payment of administrative 
     expenses to an amount not in excess of the sum of the 
     appropriations to the Fund and amounts made available by 
     transfer to the Fund.
       ``(c) Time for Regulations.--The Director shall promulgate 
     regulations to implement subsection (b) within 180 days of 
     the date of the enactment of this title.

     ``SEC. 3158. EFFECTIVE DATE.

       ``This title is effective upon enactment, and applies to 
     all claims, civil actions, and proceedings pending on, or 
     filed on or after, the date of the enactment of this 
     title.''.
       (b) Whistleblowers.--Section 211(a)(1) of the Energy 
     Reorganization Act of 1974 (42 U.S.C. 5851(a)(1)) is 
     amended--
       (1) in subparagraph (E), by striking ``or;'' and inserting 
     a semicolon;
       (2) in subparagraph (F), by striking the period and 
     inserting ``; or''; and
       (3) after subparagraph (F), by inserting the following new 
     subparagraph:
       ``(G) filed an application for benefits or assistance under 
     title XXXI of the Energy Policy Act of 1992.''.
       (c) False Statement or Fraud.--(1) Section 1920 of title 
     18, United States Code, is amended by inserting after ``title 
     5'' the following: ``or title XXXI of the Energy Policy Act 
     of 1992''.
       (2) The heading of such section is amended to read as 
     follows:

     ``Sec. 1920. False statement or fraud to obtain Federal 
       employee's or Energy employee's compensation''.

       (3) The item relating to such section in the table of 
     sections at the beginning of chapter 93 of such title is 
     amended to read as follows:
``1920. False statement or fraud to obtain Federal employee's or Energy 
              employee's compensation.''.

       (d) Receiving Compensation After Marriage.--(1) Section 
     1921 of title 18, United States Code, is amended by inserting 
     after ``title 5'' the following: ``or title XXXI of the 
     Energy Policy Act of 1992''.
       (2) The heading of such section is amended to read as 
     follows:

     ``Sec. 1921. Receiving Federal employees' or Energy 
       employees' compensation after marriage''.

       (3) The item relating to such section in the table of 
     sections at the beginning of chapter 93 of such title is 
     amended to read as follows:

``1921. Receiving Federal employees' or Energy employees' compensation 
              after marriage.''.
       (e) Table of Contents.--The Table of Contents in section 
     1(b) of the Energy Policy Act of 1992 is amended by inserting 
     after the items related to title XXX the following new items:

   ``TITLE XXXI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                                PROGRAM

      ``Subtitle A--General Definitions and Administrative Office

``Sec. 3101. Definitions.
``Sec. 3102. Occupational Illness Compensation Office.

           ``Subtitle B--Beryllium, Silicosis, and Radiation

``Sec. 3111. Definitions.
``Sec. 3112. Eligibility of workers exposed to beryllium or silica.
``Sec. 3113. Eligibility of workers exposed to radiation.
``Sec. 3114. Compensation for disability or death, medical services, 
              and vocational rehabilitation.
``Sec. 3115. Lump sum compensation.
``Sec. 3116. Adjudication.

    ``Subtitle C--Gaseous Diffusion Employees Exposure Compensation

``Sec. 3121. Definitions.
``Sec. 3122. Eligible employees.
``Sec. 3123. Determination and payment of claims.

   ``Subtitle D--Energy Workers Exposed to Other Hazardous Materials

``Sec. 3131. Workers exposed to other hazardous materials.
``Sec. 3132. Panel-examined Oak Ridge workers.

                    ``Subtitle E--General Provisions

``Sec. 3141. Dual benefits.
``Sec. 3142. Exclusive remedy under subtitle B against the United 
              States, contractors, and subcontractors.
``Sec. 3143. Election of remedy.
``Sec. 3144. Subrogation of the United States.
``Sec. 3145. Time limitation on filing a claim.
``Sec. 3146. Assignment of claim.
``Sec. 3147. Review of award.
``Sec. 3148. Occupational Illness Compensation Appeals Panel.
``Sec. 3149. Reconsideration.
``Sec. 3150. Attorney fees.
``Sec. 3151. Certain claims not affected by awards of damages or filing 
              a claim.
``Sec. 3152. Treatment of payments under other laws.
``Sec. 3153. Forfeiture of benefits by convicted felons.
``Sec. 3154. Civil Service retention rights.
``Sec. 3155. Construction.
``Sec. 3156. Occupational Illness Compensation Fund.
``Sec. 3157. Authorization of appropriations.
``Sec. 3158. Effective date.''.

                  Amendment to H.R. 4205, as Reported

                     Offered by Mr. Hill of Indiana

       At the end of title XXVIII (page __, after line __), insert 
     the following new section:

     SEC. __. ECONOMIC DEVELOPMENT CONVEYANCES OF BASE CLOSURE 
                   PROPERTY AVAILABLE OUTSIDE OF BASE CLOSURE 
                   PROCESS.

       (a) Authority To Make Conveyances.--Section 2391 of title 
     10, United States Code, is amended--
       (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Economic Development Conveyances.--(1) In the case of 
     a military installation to be closed or realigned pursuant to 
     a law or authority other than a base closure law, the 
     Secretary of Defense may transfer real property and personal 
     property located at the military installation to the 
     recognized redevelopment or reuse authority for the 
     installation for purposes of job generation on the 
     installation.
       ``(2) The transfer of property of a military installation 
     under paragraph (1) shall be without consideration if the 
     redevelopment or reuse authority with respect to the 
     installation--
       ``(A) agrees that the proceeds from any sale or lease of 
     the property (or any portion thereof) received by the 
     redevelopment or reuse authority during at least the first 
     seven years after the date of the transfer under paragraph 
     (1) shall be used to support the economic redevelopment of, 
     or related to, the installation; and
       ``(B) executes the agreement for transfer of the property 
     and accepts control of the property within a reasonable time 
     after the date of the property disposal record of decision or 
     finding of no significant impact under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(3) For purposes of paragraph (2), the use of proceeds 
     from a sale or lease described in such paragraph to pay for, 
     or offset the costs of, public investment on or related to 
     the installation for any of the following purposes shall be 
     considered a use to support the economic redevelopment of, or 
     related to, the installation:
       ``(A) Road construction.
       ``(B) Transportation management facilities.
       ``(C) Storm and sanitary sewer construction.
       ``(D) Police and fire protection facilities and other 
     public facilities.
       ``(E) Utility construction.
       ``(F) Building rehabilitation.
       ``(G) Historic property preservation.
       ``(H) Pollution prevention equipment or facilities.
       ``(I) Demolition.
       ``(J) Disposal of hazardous materials generated by 
     demolition.
       ``(K) Landscaping, grading, and other site or public 
     improvements.
       ``(L) Planning for or the marketing of the development and 
     reuse of the installation.
       ``(4) The Secretary may recoup from a redevelopment or 
     reuse authority such portion of the proceeds from a sale or 
     lease described in paragraph (2) as the Secretary determines 
     appropriate if the redevelopment authority does not use the 
     proceeds to support economic redevelopment of, or related to, 
     the installation for the period specified in paragraph 
     (2).''.
       (b) Base Closure Laws.--Subsection (e) of section 2391 of 
     title 10, United States Code,

[[Page 8492]]

     as redesignated by subsection (a)(1), is amended by adding at 
     the end the following new paragraph:
       ``(4) The term `base closure law' means--
       ``(A) title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note); or
       ``(B) the Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note).''.
       (c) Retroactive Application.--Notwithstanding section 2843 
     of the Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2216), the 
     authority provided in section 2391(c) of title 10, United 
     States Code, as added by subsection (a)(2), shall apply with 
     respect to the conveyance of the Indiana Army Ammunition 
     Plant in Charlestown, Indiana, authorized by such section 
     2843.
                                  ____


                  Amendment to H.R. 4205, as Reported

                 Offered by Mr. Hoeffel of Pennsylvania

       At the end of title II (page __, after line __), insert the 
     following new section:

     SEC. __. DARPA STUDY AND REPORT ON FEASIBILITY OF ADAPTING 
                   DEFENSE TECHNOLOGIES TO IMPROVE THE MOBILITY 
                   AND QUALITY OF LIFE OF ELDERLY INDIVIDUALS AND 
                   INDIVIDUALS WITH DISABILITIES.

       (a) Study Required.--The Secretary of Defense, acting 
     through the Director of the Defense Advanced Research 
     Projects Agency, shall conduct a study on the feasibility of 
     adapting defense technologies to improve the mobility and 
     quality of life of elderly individuals and individuals of all 
     ages with disabilities. In carrying out the study, the 
     Secretary, acting through the Director, shall draw upon and 
     build upon the existing knowledge base, including public and 
     private reports and expertise.
       (b) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary, acting 
     through the Director, shall submit to the congressional 
     committees specified in subsection (d) a report containing 
     the results of the study.
       (c) Contents of Report.--The report submitted under 
     subsection (b) shall--
       (1) identify each defense technology that could, with 
     appropriate adaptations, be transferred to the private sector 
     and incorporated into commercially available products for use 
     by the individuals referred to in subsection (a) to improve 
     their quality of life; and
       (2) include, for each technology identified under paragraph 
     (1)--
       (A) a description of the capabilities of the technology to 
     improve the quality of life of such individuals;
       (B) an estimate of the costs of the adaptation, transfer, 
     and incorporation referred to in paragraph (1);
       (C) information identifying the Federal officer responsible 
     for responding to inquiries about any such adaptation, 
     transfer, and incorporation; and
       (D) an assessment of the various alternatives available to 
     provide for such adaptation, transfer, and incorporation, 
     including alternatives such as cooperative research and 
     development agreements, aid to startup companies, and Small 
     Business Innovation Research programs.
       (d) Specified Congressional Committees.--The congressional 
     committees referred to in subsection (b) are--
       (1) the Committee on Armed Services and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Science of the House of Representatives.
       (e) Defense Technology Defined.--For purposes of this 
     section, the term ``defense technology'' means a technology 
     the research and development of which is funded by the 
     Department of Defense and carried out, in whole or in part, 
     by--
       (1) the Department of Defense;
       (2) any other Federal department or agency; or
       (3) a laboratory (as that term is defined in section 12(d) 
     of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3710a(d))).
                                  ____


                  Amendment to H.R. 4205, as Reported

                   Offered by Mr. Rodriguez of Texas

       At the end of subtitle E of title III (page 66, after line 
     23), insert the following new section:

     SEC. 343. ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION 
                   OF SCHOOL FACILITIES THAT SERVE DEPENDENTS OF 
                   MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
                   DEFENSE CIVILIAN EMPLOYEES.

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

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

       ``(a) Repair and Renovation Assistance.--(1) The Secretary 
     of Defense may make a grant to an eligible local educational 
     agency to assist the agency to repair and renovate--
       ``(A) an impacted school facility that is used by 
     significant numbers of military dependent students; or
       ``(B) a school facility that was a former Department of 
     Defense domestic dependent elementary or secondary school.
       ``(2) Authorized repair and renovation projects may include 
     repairs and improvements to an impacted school facility 
     (including the grounds of the facility) designed to ensure 
     compliance with the requirements of the Americans with 
     Disabilities Act or local health and safety ordinances, to 
     meet classroom size requirements, or to accommodate school 
     population increases.
       ``(3) The total amount of assistance provided under this 
     subsection to an eligible local educational agency may not 
     exceed $5,000,000 during any period of two fiscal years.
       ``(b) Maintenance Assistance.--(1) The Secretary of Defense 
     may make a grant to an eligible local educational agency 
     whose boundaries are the same as a military installation to 
     assist the agency to maintain an impacted school facility, 
     including the grounds of such a facility.
       ``(2) The total amount of assistance provided under this 
     subsection to an eligible local educational agency may not 
     exceed $250,000 during any fiscal year.
       ``(c) Determination of Eligible Local Educational 
     Agencies.--(1) A local educational agency is an eligible 
     local educational agency under this section only if the 
     Secretary of Defense determines that the local educational 
     agency has--
       ``(A) one or more federally impacted school facilities and 
     satisfies at least one of the additional eligibility 
     requirements specified in paragraph (2); or
       ``(B) a school facility that was a former Department of 
     Defense domestic dependent elementary or secondary school, 
     but assistance provided under this subparagraph may only be 
     used to repair and renovate that facility.
       ``(2) The additional eligibility requirements referred to 
     in paragraph (1) are the following:
       ``(A) The local educational agency is eligible to receive 
     assistance under subsection (f) of section 8003 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7703) and at least 10 percent of the students who were in 
     average daily attendance in the schools of such agency during 
     the preceding school year were students described under 
     paragraph (1)(A) or (1)(B) of section 8003(a) of the 
     Elementary and Secondary Education Act of 1965.
       ``(B) At least 35 percent of the students who were in 
     average daily attendance in the schools of the local 
     educational agency during the preceding school year were 
     students described under paragraph (1)(A) or (1)(B) of 
     section 8003(a) of the Elementary and Secondary Education Act 
     of 1965.
       ``(C) The State education system and the local educational 
     agency are one and the same.
       ``(d) Notification of Eligibility.--Not later than June 30 
     of each fiscal year, the Secretary of Defense shall notify 
     each local educational agency identified under subsection (c) 
     that the local educational agency is eligible during that 
     fiscal year to apply for a grant under subsection (a), 
     subsection (b), or both subsections.
       ``(e) Relation to Impact Aid Construction Assistance.--A 
     local education agency that receives a grant under subsection 
     (a) to repair and renovate a school facility may not also 
     receive a payment for school construction under section 8007 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7707) for the same fiscal year.
       ``(f) Grant Considerations.--In determining which eligible 
     local educational agencies will receive a grant under this 
     section for a fiscal year, the Secretary of Defense shall 
     take into consideration the following conditions and needs at 
     impacted school facilities of eligible local educational 
     agencies:
       ``(1) The repair or renovation of facilities is needed to 
     meet State mandated class size requirements, including 
     student-teacher ratios and instructional space size 
     requirements.
       ``(2) There is a increase in the number of military 
     dependent students in facilities of the agency due to 
     increases in unit strength as part of military readiness.
       ``(3) There are unhoused students on a military 
     installation due to other strength adjustments at military 
     installations.
       ``(4) The repair or renovation of facilities is needed to 
     address any of the following conditions:
       ``(A) The condition of the facility poses a threat to the 
     safety and well-being of students.
       ``(B) The requirements of the Americans with Disabilities 
     Act.
       ``(C) The cost associated with asbestos removal, energy 
     conservation, or technology upgrades.
       ``(D) Overcrowding conditions as evidenced by the use of 
     trailers and portable buildings and the potential for future 
     overcrowding because of increased enrollment.
       ``(5) The repair or renovation of facilities is needed to 
     meet any other Federal or State mandate.
       ``(6) The number of military dependent students as a 
     percentage of the total student population in the particular 
     school facility.
       ``(7) The age of facility to be repaired or renovated.

[[Page 8493]]

       ``(g) Definitions.--In this section:
       ``(1) Local educational agency.--The term `local 
     educational agency' has the meaning given that term in 
     section 8013(9) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7713(9)).
       ``(2) Impacted school facility.--The term `impacted school 
     facility' means a facility of a local educational agency--
       ``(A) that is used to provide elementary or secondary 
     education at or near a military installation; and
       ``(B) at which the average annual enrollment of military 
     dependent students is a high percentage of the total student 
     enrollment at the facility, as determined by the Secretary of 
     Defense.
       ``(3) Military dependent students.--The term `military 
     dependent students' means students who are dependents of 
     members of the armed forces or Department of Defense civilian 
     employees.
       ``(4) Military installation.--The term `military 
     installation' has the meaning given that term in section 
     2687(e) of this title.
       ``(h) Funding Source.--Grants under this section shall be 
     made using funds made available to carry out this section.''.
       (b) Clerical Amendments.--(1) The table of sections at the 
     beginning of chapter 111 of title 10, United States Code, is 
     amended by striking the item relating to section 2199 and 
     inserting the following new items:

``2199. Quality of life education facilities grants.
``2199a. Definitions.''.

       (2) The tables of chapters at the beginning of subtitle A, 
     and at the beginning of part III of subtitle A, of such title 
     are amended by striking the item relating to chapter 111 and 
     inserting the following:

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

                  Amendment to H.R. 4205, as Reported

                    Offered by Mr. Gonzalez of Texas

       At the end of subtitle E of title III (page 66, after line 
     23), insert the following new section:

     SEC. 343. LOAN GUARANTEE PROGRAM FOR MAINTENANCE, REPAIR, AND 
                   RENOVATION OF SCHOOL FACILITIES THAT SERVE 
                   DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND 
                   DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

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

     ``Sec. 2199. Quality of life education facilities loan 
       guarantees

       ``(a) Maintenance, Repair and Renovation.--(1) The 
     Secretary of Defense may carry out a loan guarantee program 
     to assist an eligible local educational agency to maintain, 
     repair, and renovate--
       ``(A) an impacted school facility that is used by 
     significant numbers of military dependent students; or
       ``(B) a school facility that was a former Department of 
     Defense domestic dependent elementary or secondary school.
       ``(2) Authorized purposes for which loans guaranteed under 
     the program may be used include repairs and improvements to 
     an impacted school facility (including the grounds of the 
     facility) designed to ensure compliance with the requirements 
     of the Americans with Disabilities Act or local health and 
     safety ordinances, to meet classroom size requirements, or to 
     accommodate school population increases.
       ``(b) Loan Guarantees.--Under the loan guarantee program, 
     the Secretary may guarantee the repayment of any loan made to 
     an eligible local educational agency to fund, in whole or in 
     part, activities described in subsection (a).
       ``(2) Loan guarantees under this section may not be 
     committed except to the extent that appropriations of budget 
     authority to cover their costs are made in advance, as 
     required by section 504 of the Federal Credit Reform Act of 
     1990 (2 U.S.C. 661c).
       ``(3) The total loan amount guaranteed under subsection (a) 
     for an eligible local educational agency may not exceed 
     $5,000,000 during any period of two fiscal years.
       ``(c) Determination of Eligible Local Educational 
     Agencies.--(1) A local educational agency is an eligible 
     local educational agency under this section only if the 
     Secretary of Defense determines that the local educational 
     agency has--
       ``(A) one or more federally impacted school facilities and 
     satisfies at least one of the additional eligibility 
     requirements specified in paragraph (2); or
       ``(B) a school facility that was a former Department of 
     Defense domestic dependent elementary or secondary school, 
     but assistance provided under this subparagraph may only be 
     used to repair and renovate that facility.
       ``(2) The additional eligibility requirements referred to 
     in paragraph (1) are the following:
       ``(A) The local educational agency is eligible to receive 
     assistance under subsection (f) of section 8003 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7703) and at least 10 percent of the students who were in 
     average daily attendance in the schools of such agency during 
     the preceding school year were students described under 
     paragraph (1)(A) or (1)(B) of section 8003(a) of the 
     Elementary and Secondary Education Act of 1965.
       ``(B) At least 35 percent of the students who were in 
     average daily attendance in the schools of the local 
     educational agency during the preceding school year were 
     students described under paragraph (1)(A) or (1)(B) of 
     section 8003(a) of the Elementary and Secondary Education Act 
     of 1965.
       ``(C) The State education system and the local educational 
     agency are one and the same.
       ``(d) Notification of Eligibility.--Not later than June 30 
     of each fiscal year, the Secretary of Defense shall notify 
     each local educational agency identified under subsection (c) 
     that the local educational agency is eligible during that 
     fiscal year to apply for loan guarantees under subsection 
     (a).
       ``(e) Relation to Impact Aid Construction Assistance.--A 
     local education agency that receives a loan guarantee under 
     subsection (a) to repair and renovate a school facility may 
     not also receive a payment for school construction under 
     section 8007 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7707) for the same fiscal year.
       ``(f) Considerations.--In determining which eligible local 
     educational agencies will receive a loan guarantee under this 
     section for a fiscal year, the Secretary of Defense shall 
     take into consideration the following conditions and needs at 
     impacted school facilities of eligible local educational 
     agencies:
       ``(1) The repair or renovation of facilities is needed to 
     meet State mandated class size requirements, including 
     student-teacher ratios and instructional space size 
     requirements.
       ``(2) There is a increase in the number of military 
     dependent students in facilities of the agency due to 
     increases in unit strength as part of military readiness.
       ``(3) There are unhoused students on a military 
     installation due to other strength adjustments at military 
     installations.
       ``(4) The repair or renovation of facilities is needed to 
     address any of the following conditions:
       ``(A) The condition of the facility poses a threat to the 
     safety and well-being of students.
       ``(B) The requirements of the Americans with Disabilities 
     Act.
       ``(C) The cost associated with asbestos removal, energy 
     conservation, or technology upgrades.
       ``(D) Overcrowding conditions as evidenced by the use of 
     trailers and portable buildings and the potential for future 
     overcrowding because of increased enrollment.
       ``(5) The repair or renovation of facilities is needed to 
     meet any other Federal or State mandate.
       ``(6) The number of military dependent students as a 
     percentage of the total student population in the particular 
     school facility.
       ``(7) The age of facility to be repaired or renovated.
       ``(g) Definitions.--In this section:
       ``(1) Local educational agency.--The term `local 
     educational agency' has the meaning given that term in 
     section 8013(9) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7713(9)).
       ``(2) Impacted school facility.--The term `impacted school 
     facility' means a facility of a local educational agency--
       ``(A) that is used to provide elementary or secondary 
     education at or near a military installation; and
       ``(B) at which the average annual enrollment of military 
     dependent students is a high percentage of the total student 
     enrollment at the facility, as determined by the Secretary of 
     Defense.
       ``(3) Military dependent students.--The term `military 
     dependent students' means students who are dependents of 
     members of the armed forces or Department of Defense civilian 
     employees.
       ``(4) Military installation.--The term `military 
     installation' has the meaning given that term in section 
     2687(e) of this title.''.
       (b) Clerical Amendments.--(1) The table of sections at the 
     beginning of chapter 111 of title 10, United States Code, is 
     amended by striking the item relating to section 2199 and 
     inserting the following new items:

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

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

       (c) Report Required.--The Secretary of Defense and the 
     Secretary of Education shall jointly submit to Congress a 
     report evaluating the need for a loan guarantee program of 
     the type established by section 2199 of title 10, United 
     States Code, as added by subsection (a), for all federally 
     impacted school districts.

                  Amendment to H.R. 4205, as Reported

                  Offered by Mr. Berman of California

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

[[Page 8494]]



     SEC. 1205. SUPPORT FOR PROGRAMS TO PROMOTE INFORMAL REGION-
                   WIDE DIALOGUES ON ARMS CONTROL AND REGIONAL 
                   SECURITY ISSUES FOR ARAB, ISRAELI, AND UNITED 
                   STATES OFFICIALS AND EXPERTS.

       (a) Support for Regional Dialogues.--The amount provided in 
     section 301(5) for Defense-wide activities is hereby 
     increased by $1,000,000, to be available, through the Office 
     of the Assistant Secretary of Defense for International 
     Security Affairs, only to support current and established 
     programs, conducted since 1993, to promote informal region-
     wide dialogues on arms control and regional security issues 
     for Arab, Israeli, and United States officials and experts.
       (b) Offset.--The amount provided in section 301(19) for 
     Overseas Humanitarian, Disaster, and Civic Aid programs is 
     hereby reduced by $1,000,000.

                  Amendment to H.R. 4205, as Reported

   Offered by Mr. Andrews of New Jersey or Mr. Weldon of Pennsylvania

       At the end of division A (page __, after line __), insert 
     the following new title:

      TITLE XVI--PROVISIONS RELATING TO CYBERTERRORISM PREVENTION

     SEC. 1601. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN 
                   REGISTERS AND TRAP AND TRACE DEVICES.

       (a) General Limitation on Use by Governmental Agencies.--
     Section 3121(c) of title 18, United States Code, is amended--
       (1) by inserting ``or trap and trace device'' after ``pen 
     register'';
       (2) by inserting ``, routing, addressing,'' after 
     ``dialing''; and
       (3) by striking ``call processing'' and inserting ``the 
     processing and transmitting of wire and electronic 
     communications''.
       (b) Issuance of Orders.--
       (1) In general.--Subsection (a) of section 3123 of that 
     title is amended to read as follows:
       ``(a) In General.--(1) Upon an application made under 
     section 3122(a)(1) of this title, the court shall enter an ex 
     parte order authorizing the installation and use of a pen 
     register or trap and trace device if the court finds that the 
     attorney for the Government has certified to the court that 
     the information likely to be obtained by such installation 
     and use is relevant to an ongoing criminal investigation. The 
     order shall, upon service of the order, apply to any entity 
     providing wire or electronic communication service in the 
     United States whose assistance is required to effectuate the 
     order.
       ``(2) Upon an application made under section 3122(a)(2) of 
     this title, the court shall enter an ex parte order 
     authorizing the installation and use of a pen register or 
     trap and trace device within the jurisdiction of the court if 
     the court finds that the State law enforcement or 
     investigative officer has certified to the court that the 
     information likely to be obtained by such installation and 
     use is relevant to an ongoing criminal investigation.''.
       (2) Contents of order.--Subsection (b)(1) of that section 
     is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``or other facility'' after ``telephone 
     line''; and
       (ii) by inserting before the semicolon at the end ``or 
     applied''; and
       (B) by striking subparagraph (C) and inserting the 
     following new subparagraph (C):
       ``(C) a description of the communications to which the 
     order applies, including the number or other identifier and, 
     if known, the location of the telephone line or other 
     facility to which the pen register or trap and trace device 
     is to be attached or applied, and, in the case of an order 
     authorizing installation and use of a trap and trace device 
     under subsection (a)(2), the geographic limits of the order; 
     and''.
       (3) Nondisclosure requirements.--Subsection (d)(2) of that 
     section is amended--
       (A) by inserting ``or other facility'' after ``the line''; 
     and
       (B) by striking ``or who has been ordered by the court'' 
     and inserting ``or applied or who is obligated by the 
     order''.
       (c) Emergency Installation.--Section 3125(a)(1) of that 
     title is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the comma at the end 
     and inserting a semicolon; and
       (3) by inserting after subparagraph (B) the following new 
     subparagraphs:
       ``(C) immediate threat to the national security interests 
     of the United States;
       ``(D) immediate threat to public health or safety; or
       ``(E) an attack on the integrity or availability of a 
     protected computer which attack would be an offense 
     punishable under section 1030(c)(2)(C) of this title,''.
       (d) Definitions.--
       (1) Court of competent jurisdiction.--Paragraph (2) of 
     section 3127 of that title is amended by striking 
     subparagraph (A) and inserting the following new subparagraph 
     (A):
       ``(A) any district court of the United States (including a 
     magistrate judge of such a court) or any United States Court 
     of Appeals having jurisdiction over the offense being 
     investigated; or''.
       (2) Pen register.--Paragraph (3) of that section is 
     amended--
       (A) by striking ``electronic or other impulses'' and all 
     that follows through ``is attached'' and inserting ``dialing, 
     routing, addressing, or signalling information transmitted by 
     an instrument or facility from which a wire or electronic 
     communication is transmitted''; and
       (B) by inserting ``or process'' after ``device'' each place 
     it appears.
       (3) Trap and trace device.--Paragraph (4) of that section 
     is amended--
       (A) by inserting ``or process'' after ``a device''; and
       (B) by striking ``of an instrument'' and all that follows 
     through the end and inserting ``or other dialing, routing, 
     addressing, and signalling information relevant to 
     identifying the source of a wire or electronic 
     communication;''.

     SEC. 1602. MODIFICATION OF PROVISIONS RELATING TO FRAUD AND 
                   RELATED ACTIVITY IN CONNECTION WITH COMPUTERS.

       (a) Penalties.--Subsection (c) of section 1030 of title 18, 
     United States Code, is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) by inserting ``except as provided in subparagraphs (B) 
     and (C),'' before ``a fine'';
       (ii) by striking ``(a)(5)(C),'' and inserting ``(a)(5),''; 
     and
       (iii) by striking ``and'' at the end;
       (B) in subparagraph (B)--
       (i) by inserting ``or an attempt to commit an offense 
     punishable under this subparagraph,'' after ``subsection 
     (a)(2),'' in the matter preceding clause (i); and
       (ii) by adding ``and'' at the end; and
       (C) by striking subparagraph (C) and inserting the 
     following new subparagraph (C):
       ``(C) a fine under this title or imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(5)(A) or (a)(5)(B), or an attempt to commit an 
     offense punishable under this subparagraph, if the offense 
     caused (or, in the case of an attempted offense, would, if 
     completed, have caused)--
       ``(i) loss to one or more persons during any one-year 
     period (including loss resulting from a related course of 
     conduct affecting one or more other protected computers) 
     aggregating at least $5,000 in value;
       ``(ii) the modification or impairment, or potential 
     modification or impairment, of the medical examination, 
     diagnosis, treatment, or care of one or more individuals;
       ``(iii) physical injury to any person;
       ``(iv) a threat to public health or safety; or
       ``(v) damage affecting a computer system used by or for a 
     government entity in furtherance of the administration of 
     justice, national defense, or national security; and'';
       (2) by redesignating subparagraph (B) of paragraph (3) as 
     paragraph (4);
       (3) in paragraph (3)--
       (A) by striking ``(A)'' at the beginning; and
       (B) by striking ``, (a)(5)(A), (a)(5)(B),''; and
       (4) in paragraph (4), as designated by paragraph (2) of 
     this subsection, by striking ``(a)(4), (a)(5)(A), (a)(5)(B), 
     (a)(5)(C),'' and inserting ``(a)(2), (a)(3), (a)(4), 
     (a)(6),''.
       (b) Definitions.--Subsection (e) of that section is 
     amended--
       (1) in paragraph (2)(B), by inserting ``, including a 
     computer located outside the United States'' before the 
     semicolon;
       (2) in paragraph (7), by striking ``and'' at the end;
       (3) by striking paragraph (8) and inserting the following 
     new paragraph (8):
       ``(8) the term `damage' means any impairment to the 
     integrity, availability, or confidentiality of data, a 
     program, a system, or information;'';
       (4) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (5) by adding at the end the following new paragraphs:
       ``(10) the term `conviction' shall include an adjudication 
     of juvenile delinquency for a violation of this section; and
       ``(11) the term `loss' means any reasonable cost to any 
     victim, including the cost of responding to an offense, 
     conducting a damage assessment, and restoring the data, 
     program, system, or information to its condition prior to the 
     offense, and any revenue lost or cost incurred because of 
     interruption of service.''.
       (c) Damages in Civil Actions.--Subsection (g) of that 
     section is amended in the second sentence by striking 
     ``involving damage'' and all that follows through the period 
     and inserting ``of subsection (a)(5) shall be limited to loss 
     unless such action includes one of the elements set forth in 
     clauses (ii) through (v) of subsection (c)(2)(C).''.
       (d) Criminal Forfeiture.--That section is further amended 
     by adding at the end the following new subsection:
       ``(i)(1) The court, in imposing sentence on any person 
     convicted of a violation of this section, may order, in 
     addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person forfeit to the 
     United States--
       ``(A) the interest of such person in any property, whether 
     real or personal, that was used or intended to be used to 
     commit or to facilitate the commission of such violation; and
       ``(B) any property, whether real or personal, constituting 
     or derived from any proceeds that such person obtained, 
     whether directly or indirectly, as a result of such 
     violation.

[[Page 8495]]

       ``(2) The criminal forfeiture of property under this 
     subsection, any seizure and disposition thereof, and any 
     administrative or judicial proceeding relating thereto, shall 
     be governed by the provisions of section 413 of the 
     Controlled Substances Act (21 U.S.C. 853), except subsection 
     (d) of that section.''.
       (e) Civil Forfeiture.--That section, as amended by 
     subsection (d) of this section, is further amended by adding 
     at the end the following new subsection:
       ``(j)(1) The following shall be subject to forfeiture to 
     the United States, and no property right shall exist in them:
       ``(A) Any property, whether real or personal, that is used 
     or intended to be used to commit or to facilitate the 
     commission of any violation of this section.
       ``(B) Any property, whether real or personal, that 
     constitutes or is derived from proceeds traceable to any 
     violation of this section.
       ``(2) The provisions of chapter 46 of this title relating 
     to civil forfeiture shall apply to any seizure or civil 
     forfeiture under this subsection.''.

     SEC. 1603. JUVENILE DELINQUENCY.

       Clause (3) of the first paragraph of section 5032 of title 
     18, United States Code, is amended--
       (1) by striking ``or'' before ``section 1002(a)'';
       (2) by striking ``or'' before ``section 924(b)''; and
       (3) by inserting after ``or (h) of this title,'' the 
     following: ``or section 1030(a)(1), (a)(2)(B), or (a)(3) of 
     this title, or is a felony violation of section 1030(a)(5) of 
     this title where such violation of such section 1030(a)(5) is 
     punishable under clauses (ii) through (v) of section 
     1030(c)(2)(C) of this title,''.

     SEC. 1604. AMENDMENT TO SENTENCING GUIDELINES.

       Section 805(c) of the Antiterrorism and Effective Death 
     Penalty Act of 1996 (Public Law 104-132; 28 U.S.C. 994 note) 
     is amended by striking ``paragraph (4) or (5)'' and inserting 
     ``paragraph (4) or a felony violation of paragraph (5)(A)''.

                  Amendment to H.R. 4205, as Reported.

                   Offered by Mr. Baca of California

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

     SEC. 1038. GOLD CONTENT FOR MEDAL OF HONOR.

       (a) Requirement for Gold Content.--Sections 3741, 6241, and 
     8741 of title 10, United States Code, and section 491 of 
     title 14, United States Code, are each amended by inserting 
     ``the metal content of which is 90 percent gold and 10 
     percent alloy and'' after ``appropriate design,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to any award of the Medal of Honor 
     after the date of the enactment of this Act.

                  Amendment to H.R. 4205, as Reported

                 Offered by Mr. Frank of Massachusetts

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

     SEC. 1205. SENSE OF CONGRESS CONCERNING BURDEN SHARING BY 
                   EUROPEAN ALLIES OF THE UNITED STATES.

       It is the sense of Congress that--
       (1) the United States continues to carry a disproportionate 
     share of military responsibilities in Europe and worldwide;
       (2) Congress welcomes the initiative of the European allies 
     of the United States to create an integrated military force 
     that would be capable of responding to threats within Europe 
     in cases in which the North Atlantic Treaty Organization as 
     such is not engaged; and
       (3) whenever there is a military operation in Europe 
     involving those allies and the United States, those allies 
     should have primary responsibility for providing the ground 
     forces for the operation.

                  Amendment to H.R. 4205, as Reported

                  Offered by Mr. Abercrombie of Hawaii

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

     SEC. 1038. UNUSED PORTION OF LOW-INCOME HOUSING CREDIT 
                   FINANCED WITH TAX EXEMPT BONDS USED FOR 
                   CONSTRUCTION OF MILITARY HOUSING.

       (a) In General.--Section 42 of the Internal Revenue Code of 
     1986 (relating to low-income housing credit) is amended by 
     redesignating subsection (n) as subsection (o) and by 
     inserting after subsection (m) the following new subsection:
       ``(n) Qualified Military Housing Building.--For purposes of 
     this section--
       ``(1) In general.--A qualified military housing building 
     shall be treated as a new qualified low-income housing 
     building.
       ``(2) Applicable percentage and qualified basis.--The 
     applicable percentage for the qualified military housing 
     building shall be determined under subsection (b)(2) in a 
     manner to yield the credit amount described in subsection 
     (b)(2)(B)(ii). The qualified basis of such building shall be 
     the basis determined under subsection (d)(1).
       ``(3) Qualified military housing building.--The term 
     `qualified military housing building' means military family 
     housing or military unaccompanied housing located in the 
     United States which is constructed and used exclusively as 
     military housing (within the meaning of chapter 169 of title 
     10, United States Code) at all times during the compliance 
     period.
       ``(4) Military family housing and military unaccompanied 
     housing.--The terms `military family housing' and `military 
     unaccompanied housing' have the same meanings as when used in 
     subchapter IV of chapter 169 of title 10, United States 
     Code.''.
       (b) Use of Tax Exempt Bonds for Military Housing 
     Projects.--
       (1) In general.--Subsection (d) of section 142 of such Code 
     (relating to exempt facility bonds) is amended by 
     redesignating paragraph (7) as paragraph (8) and by inserting 
     after paragraph (6) the following new paragraph:
       ``(7) Special rule for qualified military housing 
     projects.--For purposes of paragraph (1)--
       ``(A) In general.--A qualified military housing project 
     shall be treated as a qualified residential rental project.
       ``(B) Qualified military housing project defined.--The term 
     `qualified military housing project' means a project for 
     military family housing or military unaccompanied housing 
     located in the United States which is constructed and used 
     exclusively as military housing (within the meaning of 
     chapter 169 of title 10, United States Code) at all times 
     during the qualified project period.''.
       (2) Priority among residential rental housing projects.--
     Section 146 of such Code (relating to the volume cap) is 
     amended by adding at the end the following new subsection:
       ``(n) Priority Among Residential Rental Housing Projects.--
     An issuer shall not allocate an amount for a qualified 
     military housing project (within the meaning of section 
     142(d)(7)) for a year unless the issuer certifies that such 
     amount is not needed for residential rental projects that are 
     not qualified military housing projects for that year.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to buildings placed in service and bonds issued 
     after December 31, 1999.

                  Amendment to H.R. 4205, as Reported

                 Offered by Mr. Blagojevich of Illinois

       Strike title XV and insert the following:

     SEC. 1501. CONVEYANCE OF FEDERAL LAND IN AND AROUND VIEQUES 
                   ISLAND, PUERTO RICO, TO THE COMMONWEALTH OF 
                   PUERTO RICO.

       Section 8 of the Puerto Rican Federal Relations Act (48 
     U.S.C. 749) is amended by adding at the end the following: 
     ``In addition, 60 days after the Governor submits to the 
     President, the Senate, and the House of Representatives a 
     plan for the use for public purposes of all Federal property 
     that is on or within one mile surrounding Vieques Island and 
     not transferred to the control of the Government of Puerto 
     Rico before the date of the enactment of this sentence, all 
     such property shall be conveyed to the Government of Puerto 
     Rico to be maintained and administered in accordance with 
     such plan without consideration. For the purposes of such 
     plan, public purpose shall include public benefit uses 
     applicable to Guam under the Guam Excess Lands Act (Public 
     Law 103-339; 108 Stat. 3116). Any Federal agency using or 
     exercising control over any lands or facilities so conveyed 
     shall be responsible for the removal and cleanup of any toxic 
     or hazard material related to such lands or facilities.''.

     SEC. 1502. ECONOMIC ASSISTANCE FOR RESIDENTS OF VIEQUES 
                   ISLAND.

       (a) Assistance Authorized.--Of the amounts appropriated 
     pursuant to the 2000 Emergency Supplemental Appropriations 
     Act referred to in section 1003, $40,000,000 shall be 
     available to the Secretary of Defense to provide assistance 
     to the residents of Vieques Island, Puerto Rico, in such 
     manner and for such purposes as the Secretary considers 
     appropriate.
       (b) Transfer Authority.--The Secretary of Defense may 
     expend amounts available under subsection (a) directly or by 
     appropriate transfer for the provision of assistance to the 
     residents of Vieques Island. The transfer authority provided 
     under this subsection is in addition to any other transfer 
     authority available to the Department of Defense.

                  Amendment to H.R. 4205, as Reported

                  Offered by Mr. Condit of California

       At the end of title V (page __, after line __), insert the 
     following new section:

     SEC. __. ENTITLEMENT OF MILITARY RETIREES TO BENEFITS 
                   PROMISED UPON ACCESSION.

       (a) In General.--Chapter 34 of title 10, United States 
     Code, is amended by inserting after section 1031 the 
     following new section:

     ``Sec. 1031a. Entitlement to retirement benefits: persons 
       first becoming members of the armed forces on or after date 
       of enactment of section

       ``(a) Explanation of Retirement Benefits.--In the case of 
     any person who first becomes a member of the armed forces on 
     or after the date of the enactment of this section, the 
     Secretary concerned shall ensure that the person, upon first 
     becoming a member of the armed forces, is provided a written 
     statement describing the benefits that, under then-current 
     laws and regulations, will be provided to that person if that 
     person is subsequently retired from the armed forces. Such 
     statement shall be in clear and concise language and shall 
     explain any limitation or qualification on the receipt of 
     those benefits (such as, in the case of medical and dental 
     care, the availability of staff

[[Page 8496]]

     and facilities). However, any such limitation or 
     qualification may not include a statement of reservation of 
     the right to change any such benefit (either by law or 
     regulation).
       ``(b) Entitlement to Retirement Benefits.--Any person who 
     receives a statement of retirement benefits under subsection 
     (a) and who subsequently retires from the armed forces shall 
     be entitled, upon that retirement, to the benefits as 
     described in that statement.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1031 the following new item:

``1031a. Entitlement to retirement benefits: persons first becoming 
              members of the armed forces on or after date of enactment 
              of section.''.

                  Amendment to H.R. 4205, as Reported

      Offered by Mr. Cox of California or Mr. Dicks of Washington

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

     SEC. 1205. END-USE VERIFICATION FOR USE BY CERTAIN COUNTRIES 
                   OF HIGH-PERFORMANCE COMPUTERS.

       (a) Revised HPC Verification System.--The President shall 
     seek to enter into an agreement with each country described 
     in subsection (c) to revise the existing verification system 
     with that country with respect to end-use verification for 
     high-performance computers exported or to be exported to that 
     country so as to provide for an open and transparent system 
     providing for effective end-use verification for such 
     computers and, at a minimum, providing for on-site inspection 
     of the end-use and end-user of such computers, without 
     notice, by United States nationals designated by the United 
     States Government. The President shall transmit a copy of the 
     agreement to Congress.
       (b) Consequence of Failure To Establish Revised 
     Verification System.--If a revised verification system 
     described in subsection (a) is not agreed to by a country 
     described in subsection (c) by September 1, 2001, then until 
     such a system is agreed to by that country--
       (1) each license for the export of a high-performance 
     computer to that country shall include a requirement for on-
     site inspection of the end-use and the end-user, without 
     notice, by United States nationals designated by the United 
     States Government and, in the absence of this requirement, 
     the license shall be denied; or
       (2) the President may certify to the congressional 
     committees designated in section 1215 of the National Defense 
     Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 
     note) that other appropriate measures, similar to and of 
     equal or greater effectiveness as the system described in 
     subsection (a), have been taken to establish an open and 
     transparent system for effective end-use verification for 
     high-performance computers exported to that country, or to 
     protect the national security in the absence of such a 
     system.
       (c) Countries Described.--A country referred to in 
     subsections (a) and (b) is a country--
       (1) to which exports of high-performance computers are 
     subject to section 1211(a) of the National Defense 
     Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 
     note); and
       (2) that has denied more than 50 percent of the requests 
     for post-shipment verifications under section 1213 of that 
     Act.
       (d) Definition.--As used in this section, the term ``high-
     performance computer'' means a computer which, by virtue of 
     its composite theoretical performance level, would be subject 
     to section 1211 of the National Defense Authorization Act for 
     Fiscal Year 1998 (50 U.S.C. App. 2404 note).
       (e) Adjustment of composite theoretical performance 
     levels.--Section 1211(d) of the National Defense 
     Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 
     note) is amended in the second sentence by inserting before 
     the period the following: ``, with reference both to the 
     utility of computers of particular performance levels for 
     nuclear weapons, other weapons of mass destruction, and other 
     military applications, and to the commercial availability of 
     computers and components from sources outside the 
     jurisdiction of the United States''.

                  Amendment to H.R. 4205, as Reported

                    Offered by Mr. DeFazio of Oregon

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

     SEC. 1205. PERSIAN GULF SECURITY COST FAIRNESS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the several key oil-producing countries that relied on 
     the United States for their military protection in 1990 and 
     1991, including during the Persian Gulf conflict, and 
     continue to depend on the United States for their security 
     and stability, should share in the responsibility for that 
     stability and security commensurate with their national 
     capabilities; and
       (2) the countries of the Gulf Cooperation Council (Bahrain, 
     Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab 
     Emirates) have the economic capability to contribute more 
     toward their own security and stability and therefore these 
     countries should contribute commensurate with that 
     capability.
       (b) Efforts To Increase Burdensharing by Countries in the 
     Persian Gulf Region Benefitting From United States Military 
     Presence.--The President shall seek to have each country in 
     the Persian Gulf region to which the United States extends 
     military protection (either through security agreements, 
     basing arrangements, or mutual participation in multinational 
     military organizations or operations) take one or more of the 
     following actions:
       (1) For any country in which United States military 
     personnel are assigned to permanent duty ashore, increase its 
     financial contributions to the payment of the nonpersonnel 
     costs incurred by the United States for stationing United 
     States military personnel in that country, with the goal of 
     achieving by September 30, 2003, 75 percent of such costs. An 
     increase in financial contributions by any country under this 
     paragraph may include the elimination of taxes, fees, or 
     other charges levied on the United States military personnel, 
     equipment, or facilities stationed in that country.
       (2) Increase its annual budgetary outlays for national 
     defense as a percentage of its gross domestic product by 10 
     percent or at least to a level commensurate to that of the 
     United States by September 30, 2001.
       (3) Increase its annual budgetary outlays for foreign 
     assistance (to promote democratization, economic 
     stabilization, transparency arrangements, defense economic 
     conversion, respect for the rule of law, and internationally 
     recognized human rights) by 10 percent or at least to a level 
     commensurate to that of the United States by September 30, 
     2001.
       (4) Increase the amount of military assets (including 
     personnel, equipment, logistics, support and other resources) 
     that it contributes, or would be prepared to contribute, to 
     military activities in the Persian Gulf region.
       (c) Authorities To Encourage Actions by United States 
     Allies.--In seeking the actions described in subsection (b) 
     with respect to any country, or in response to a failure by 
     any country to undertake one or more of such actions, the 
     President may take any of the following measures to the 
     extent otherwise authorized by law:
       (1) Reduce the end strength level of members of the Armed 
     Forces assigned to permanent or part-time duty in the Persian 
     Gulf region.
       (2) Impose on those countries fees or other charges similar 
     to those that such countries impose on United States forces 
     stationed in such countries.
       (3) Suspend, modify, or terminate any bilateral security 
     agreement the United States has with that country, consistent 
     with the terms of such agreement.
       (4) Reduce (through rescission, impoundment, or other 
     appropriate procedures as authorized by law) any United 
     States bilateral assistance appropriated for that country.
       (5) Take any other action the President determines to be 
     appropriate as authorized by law.
       (d) Report on Progress in Increasing Allied 
     Burdensharing.--Not later than March 1, 2001, the Secretary 
     of Defense shall submit to Congress a report on--
       (1) steps taken by other countries to complete the actions 
     described in subsection (b);
       (2) all measures taken by the President, including those 
     authorized in section subsection (c), to achieve the actions 
     described in subsection (b);
       (3) the difference between the amount allocated by other 
     countries for each of the actions described in subsection (b) 
     during the period beginning on October 1, 2000, and ending on 
     September 30, 2001, and during the period beginning on 
     October 1, 2001, and ending on September 30, 2002; and
       (4) the budgetary savings to the United States that are 
     expected to accrue as a result of the steps described under 
     paragraph (1).
       (e) Review and Report on National Security Bases for 
     Forward Deployment and Burdensharing Relationships.--
       (1) Review.--In order to ensure the best allocation of 
     budgetary resources, the President shall undertake a review 
     of the status of elements of the Armed Forces that are 
     permanently stationed outside the United States. The review 
     shall include an assessment of the following:
       (A) The requirements that are to be found in agreements 
     between the United States and the allies of the United States 
     in the Persian Gulf region.
       (B) The national security interests that support permanent 
     stationing of elements of the Armed Forces outside the United 
     States.
       (C) The stationing costs associated with forward deployment 
     of elements of the Armed Forces.
       (D) The alternatives available to forward deployment (such 
     as material prepositioning, enhanced airlift and sealift, or 
     joint training operations) to meet such requirements or 
     national security interests, with such alternatives 
     identified and described in detail.
       (E) The costs and force structure configurations associated 
     with such alternatives to forward deployment.
       (F) The financial contributions that allies of the United 
     States in the Persian Gulf region make to common defense 
     efforts (to

[[Page 8497]]

     promote democratization, economic stabilization, transparency 
     arrangements, defense economic conversion, respect for the 
     rule of law, and internationally recognized human rights).
       (G) The contributions that allies of the United States in 
     the Persian Gulf region make to meeting the stationing costs 
     associated with the forward deployment of elements of the 
     Armed Forces.
       (H) The annual expenditures of the United States and its 
     allies in the Persian Gulf region on national defense, and 
     the relative percentages of each country's gross domestic 
     product constituted by those expenditures.
       (2) Report.--The President shall submit to Congress a 
     report on the review under paragraph (1). The report shall be 
     submitted not later than March 1, 2001, in classified and 
     unclassified form.

                  Amendment to H.R. 4205, as Reported

                    Offered by Mr. DeFazio of Oregon

       At the end of subtitle D of title I (page __, after line 
     __), insert the following new section:

     SEC. 132. REDUCTION IN FUNDS FOR F-22 PROGRAM.

       The amount provided in section 103(1) for procurement of 
     aircraft for the Air Force is hereby reduced by 
     $1,038,050,000, to be derived from the F-22 aircraft program, 
     of which--
       (1) $840,000,000 shall be derived from amounts for low-rate 
     initial production; and
       (2) $198,050,000 shall be derived from amounts for advance 
     procurement.

                  Amendment to H.R. 4205, as Reported

                    Offered by Mr. DeFazio of Oregon

       Page 470, beginning at line 12, strike section 3402 and 
     insert the following:

     SEC.    . ESTABLISHMENT OF NATIONAL DEFENSE RESERVE FLEET 
                   VESSEL SCRAPPING PILOT PROGRAM.

       (a) In General.--The Secretary of Transportation shall 
     carry out a National Defense Reserve Fleet vessel scrapping 
     and processing pilot program in the United States during 
     fiscal years 2001 through 2003. The scope of the program 
     shall be that which the Secretary determines is sufficient 
     to--
       (1) gather data on the cost of scrapping and scrap 
     processing, in the United States, of National Defense Reserve 
     Fleet vessels; and
       (2) demonstrate cost effective technologies and techniques 
     to scrap and process such vessels in a manner that is 
     protective of worker safety and health and the environment.
       (b) Contract Award.--(1) The Secretary, subject to the 
     availability of appropriations--
       (A) shall award a contract under subsection (a) for 
     scrapping service to any person that the Secretary determines 
     will provide the best value to the United States Government, 
     taking into account any factors that the Secretary considers 
     appropriate; and
       (B) may award, as appropriate, a contract to manage the 
     monitoring, inspection, and reporting process of any 
     scrapping facility that will perform a contract under 
     subparagraph (A).
       (2) In making a best value determination under paragraph 
     (1)(A), the Secretary shall give a greater weight to 
     technical and performance-related factors than to cost and 
     price-related factors.
       (3) In selecting any contractor under this subsection, the 
     Secretary shall give significant consideration to the 
     technical and management qualifications and past performance 
     of the contractor and the major subcontractors or team 
     members of the contractor in complying with applicable 
     Federal, State, and local laws and regulations for 
     environmental and worker protection. In accordance with the 
     requirements of the Federal Acquisition Regulation, in the 
     case of an offeror without a record of relevant past 
     performance or for whom information on past performance is 
     not available, the offeror may not be evaluated favorably or 
     unfavorably on past performance.
       (4) The Secretary shall ensure regional diversity in 
     awarding contracts under this section.
       (c) Contract Terms and Conditions.--Each contract awarded 
     by the Secretary pursuant to subsection (b) shall, at a 
     minimum, provide for--
       (1) the sharing, by any appropriate contracting method, of 
     the costs of scrapping the vessel or vessels between the 
     Government and the contractor;
       (2) a performance incentive for a successful record of 
     environmental and worker protection in performance of the 
     contract;
       (3) Government rights for access to facilities, inspection 
     of work, and monitoring of facilities by Government personnel 
     or an authorized representatives to determine compliance with 
     this Act and the laws of the United States; and
       (4) any other terms that the Secretary considers 
     appropriate.
       (d) Reports.--(1) Not later than June 30, 2001, the 
     Secretary of Transportation shall submit an interim report on 
     the pilot program to the Committee on Armed Services of the 
     House of Representatives and of the Senate. The report shall 
     contain the following:
       (A) The procedures used for the solicitation and award of a 
     contract or contracts under the pilot program.
       (B) The contract or contracts awarded under the pilot 
     program.
       (2) Not later than September 30, 2004, the Secretary shall 
     submit a final report on the pilot program to the committees 
     specified in paragraph (1). The report shall contain the 
     following:
       (A) The results of the pilot program and the performance of 
     the contractors under such program.
       (B) The Secretary's recommended strategy to carry out 
     future ship scrapping activities, including funding and 
     personnel requirements.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $40,000,000 for each of 
     fiscal years 2001, 2002, and 2003 to carry out this section.

                  Amendment to H.R. 4205, as Reported

                    Offered by Mr. DeFazio of Oregon

       Page 471, after line 17, insert the following:
       (d) Requirements Applicable to Foreign Scrapping.--Section 
     6 of such Act (16 U.S.C. 5405) is amended by adding at the 
     end the following:
       ``(e) Application to Foreign Scrapping of Laws Relating to 
     Environmental Protection, Labor, and Safety.--The Secretary 
     of Transportation may scrap a vessel in a foreign country 
     under subsection (c) only if--
       ``(1) such Secretary removes all transformers and large and 
     low voltage capacitors that contain dielectric fluids with 
     PCBs in any concentrations and all hydraulic and heat 
     transfer fluids containing PCBs;
       ``(2) such Secretary removes all solid items containing 
     PCBs, to the extent that the solid items are readily 
     removable and their removal does not jeopardize the 
     structural integrity of the ship or the ability of the vessel 
     to be operated in a seaworthy manner for delivery to the 
     location where it will be scraped;
       ``(3) such Secretary or the purchaser of the vessel 
     notifies the Administrator of the Environmental Protection 
     Agency at least 45 days before the vessel is exported for 
     scrapping, stating--
       ``(A) the name and contact information for the person 
     arranging for the export of the vessel;
       ``(B) the country to which the vessel is being exported;
       ``(C) the name and contact information of the person 
     conducting any PCB removal activities;
       ``(D) the vessel name and official number; and
       ``(E) the estimated date of export;
       ``(4) such Secretary certifies that the place in which the 
     vessel is scraped has adequate measures to ensure that the 
     environment is not degraded and the health and livelihood of 
     nearby communities are not put at risk;
       ``(5) such Secretary certifies that shipbreaking workers 
     are given adequate workplace protections and the conditions 
     of work minimize the risk of occupational injury and disease 
     to the workers; and
       ``(6) such Secretary certifies that shipbreaking workers' 
     living facilities are hygenic and not contaminated by the 
     shipbreaking activities; and
       ``(7) such Secretary certifies that removal and disposal of 
     all hazardous materials from the vessel in the foreign 
     country are done in a safe and environmentally sound 
     manner.''.

                  Amendment to H.R. 4205, as Reported

                    Offered by Mr. DeFazio of Oregon

       Page 470, beginning at line 12, strike section 3402 and 
     insert the following (and redesignate accordingly):

     SEC.    . ESTABLISHMENT OF NATIONAL DEFENSE RESERVE FLEET 
                   VESSEL SCRAPPING PILOT PROGRAM.

       (a) In General.--The Secretary of Transportation shall 
     carry out a National Defense Reserve Fleet vessel scrapping 
     and processing pilot program in the United States during 
     fiscal years 2001 through 2003. The scope of the program 
     shall be that which the Secretary determines is sufficient 
     to--
       (1) gather data on the cost of scrapping and scrap 
     processing, in the United States, of National Defense Reserve 
     Fleet vessels; and
       (2) demonstrate cost effective technologies and techniques 
     to scrap and process such vessels in a manner that is 
     protective of worker safety and health and the environment.
       (b) Contract Award.--(1) The Secretary, subject to the 
     availability of appropriations--
       (A) shall award a contract under subsection (a) for 
     scrapping service to any person that the Secretary determines 
     will provide the best value to the United States Government, 
     taking into account any factors that the Secretary considers 
     appropriate; and
       (B) may award, as appropriate, a contract to manage the 
     monitoring, inspection, and reporting process of any 
     scrapping facility that will perform a contract under 
     subparagraph (A).
       (2) In making a best value determination under paragraph 
     (1)(A), the Secretary shall give a greater weight to 
     technical and performance-related factors than to cost and 
     price-related factors.
       (3) In selecting any contractor under this subsection, the 
     Secretary shall give significant consideration to the 
     technical and management qualifications and past performance 
     of the contractor and the major subcontractors or team 
     members of the contractor in complying with applicable 
     Federal, State,

[[Page 8498]]

     and local laws and regulations for environmental and worker 
     protection. In accordance with the requirements of the 
     Federal Acquisition Regulation, in the case of an offeror 
     without a record of relevant past performance or for whom 
     information on past performance is not available, the offeror 
     may not be evaluated favorably or unfavorably on past 
     performance.
       (4) The Secretary shall ensure regional diversity in 
     awarding contracts under this section.
       (c) Contract Terms and Conditions.--Each contract awarded 
     by the Secretary pursuant to subsection (b) shall, at a 
     minimum, provide for--
       (1) the sharing, by any appropriate contracting method, of 
     the costs of scrapping the vessel or vessels between the 
     Government and the contractor;
       (2) a performance incentive for a successful record of 
     environmental and worker protection in performance of the 
     contract;
       (3) Government rights for access to facilities, inspection 
     of work, and monitoring of facilities by Government personnel 
     or an authorized representatives to determine compliance with 
     this Act and the laws of the United States; and
       (4) any other terms that the Secretary considers 
     appropriate.
       (d) Reports.--(1) Not later than June 30, 2001, the 
     Secretary of Transportation shall submit an interim report on 
     the pilot program to the Committee on Armed Services of the 
     House of Representatives and of the Senate. The report shall 
     contain the following:
       (A) The procedures used for the solicitation and award of a 
     contract or contracts under the pilot program.
       (B) The contract or contracts awarded under the pilot 
     program.
       (2) Not later than September 30, 2004, the Secretary shall 
     submit a final report on the pilot program to the committees 
     specified in paragraph (1). The report shall contain the 
     following:
       (A) The results of the pilot program and the performance of 
     the contractors under such program.
       (B) The Secretary's recommended strategy to carry out 
     future ship scrapping activities, including funding and 
     personnel requirements.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $40,000,000 for each of 
     fiscal years 2001, 2002, and 2003 to carry out this section.

     SEC.    . REPEAL OF NATIONAL DEFENSE RESERVE FLEET SCRAPPING 
                   RETURN REQUIREMENT.

       Section 6(c)(1) of the National Maritime Heritage Act of 
     1994 (16 U.S.C. 5405(c)(1)) is amended--
       (1) in subparagraph (A) by adding ``and'' after the 
     semicolon;
       (2) by striking subparagraph (B); and
       (3) by redesignating subparagraph (C) as subparagraph (B).

                  Amendment to H.R. 4205, as Reported

                    Offered by Mr. DeFazio of Oregon

       Page 471, after line 17, insert the following:
       (d) Requirements Applicable to Foreign Scrapping.--Section 
     6 of such Act (16 U.S.C. 5405) is amended by adding at the 
     end the following:
       ``(e) Application to Foreign Scrapping of Laws Relating to 
     Environmental Protection, Labor, and Safety.--The Secretary 
     of Transportation may not scrap a vessel outside of the 
     United States under subsection (c) except in compliance with 
     all Federal laws relating to environmental protection, labor, 
     and safety that would apply to scrapping of the vessel inside 
     the United States.''.

                  Amendment to H.R. 4205, 1as Reported

                    Offered by Mr. DeFazio of Oregon

       Page 470, beginning at line 12, strike section 3402.

                  Amendment to H.R. 4205, as Reported

                   Offered by Ms. DeGette of Colorado

       At the end of title II (page __, after line __), insert the 
     following new section:

     SEC. __. AMOUNTS FOR ENVIRONMENTAL TECHNOLOGY.

       Of amounts made available pursuant to an authorization of 
     appropriations in section 201, amounts shall be available for 
     environmental technology projects as follows:
       (1) Of the amount for the Army pursuant to section 201(1), 
     not less than $25,000,000 and not more than $94,000,000.
       (2) Of the amount for the Navy pursuant to section 201(2), 
     not less than $86,000,000 and not more than $105,800,000.
       (3) Of the amount for the Air Force pursuant to section 
     201(3), not less than $6,000,000 and not more than 
     $8,200,000.
       (4) Of the amount for Defense-wide activities pursuant to 
     section 201(4), not less than $77,000,000 and not more than 
     $80,400,000.

                  Amendment to H.R. 4205, as Reported

                    Offered by Mr. Kucinich of Ohio

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

     SEC. 1205. REPORT ON USE OF CLUSTER MUNITIONS DURING KOSOVO 
                   CONFLICT.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to Congress a report on 
     the use by the United States Armed Forces of cluster 
     munitions during the Kosovo conflict beginning on March 26, 
     1999.
       (b) Matters To Be Included.--The report under subsection 
     (a) shall include the following:
       (1) An inventory of all kinds of cluster munitions that 
     were used and expended throughout the Kosovo conflict.
       (2) Specific criteria for targets selected.
       (3) A time line of the use of those munitions.
       (4) An assessment of the effectiveness of different types 
     of targets.
       (5) Any reported incidents of cluster munitions 
     malfunctions.
       (6) A list of incidents reported involving unexploded 
     munitions.
       (7) An estimate of the number of civilians maimed or killed 
     by such munitions.
       (8) Specific deficiencies in cluster munitions.
       (9) Specific advantages of cluster munitions.
       (10) An estimate of the effectiveness of different 
     munitions.
       (11) The dud rate for each munition used, shown both for 
     the usage of that munition in Kosovo and for the general 
     usage of that munition.
       (12) A comparison of the use of cluster munitions by the 
     United States with the use of such munitions by forces of the 
     United Kingdom.
       (13) A cost-benefit analysis of reducing the dud rate of 
     cluster munitions.
       (c) Definitions.--For purposes of this section:
       (1) The term ``cluster munition'' means an air-launched 
     submunition dispensing system.
       (2) The term ``dud rate'' means the rate of failure.

                  Amendment to H.R. 4205, as Reported

                 Offered by Representative Zoe Lofgren

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

     SEC. 1038. SATELLITE CONTROLS UNDER THE UNITED STATES 
                   MUNITIONS LIST.

       Section 1513(a) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     22 U.S.C. 2778 note) is amended--
       (1) by inserting ``(1)'' before ``Notwithstanding''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) does not apply to a satellite or 
     related item if the Secretary of Commerce determines that--
       ``(A) the satellite or related item is intended for basic 
     or applied research in science and engineering; and
       ``(B) the resulting information is ordinarily published and 
     shared broadly within the scientific community.''.

                  Amendment to H.R. 4205, as Reported

                 Offered by Mr. Markey of Massachusetts

       At the end of section 232 (page 40, after line 2), insert 
     the following new subsection:
       (d) Strategic Stability With Trading Partners.--It is the 
     policy of the United States that a national missile defense 
     system should not be deployed against ballistic missiles from 
     any nation that is a member of the World Trade Organization 
     or that has permanent normal trade relations with the United 
     States.

                  Amendment to H.R. 4205, as Reported

                  Offered by Mr. Peterson of Minnesota

       At the end of title V (page __, after line __), insert the 
     following new section:

     SEC. 557. SEPARATION AND RETIREMENT OF NATIONAL GUARD 
                   MILITARY TECHNICIANS ON SAME BASIS ON RESERVE 
                   TECHNICIANS.

       (a) In General.--(1) Chapter 1007 of title 10, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 10219. National Guard technicians: conditions for 
       retention; mandatory retirement under civil service laws

       ``(a) Separation and Retirement of Military Technicians 
     (Dual Status).--(1) An individual employed by the Department 
     of the Army or the Department of the Air Force under section 
     709 of title 32 as a military technician (dual status) who 
     after the date of the enactment of this section loses dual 
     status is subject to paragraph (2) or (3), as the case may 
     be.
       ``(2) If a technician described in paragraph (1) is 
     eligible at the time dual status is lost for an unreduced 
     annuity, the technician shall be separated not later than 30 
     days after the date on which dual status is lost.
       ``(3)(A) If a technician described in paragraph (1) is not 
     eligible at the time dual status is lost for an unreduced 
     annuity, the technician shall be offered the opportunity to--
       ``(i) reapply for, and if qualified be appointed to, a 
     position as a military technician (dual status); or
       ``(ii) apply for a civil service position that is not a 
     technician position.
       ``(B) If such a technician continues employment with the 
     Department of the Army or the Department of the Air Force as 
     a non-dual status technician, the technician--
       ``(i) shall not be permitted, after the end of the one-year 
     period beginning on the date of the enactment of this 
     section, to apply for any voluntary personnel action; and
       ``(ii) shall be separated or retired--

[[Page 8499]]

       ``(I) in the case of a technician first hired as a military 
     technician (dual status) on or before February 10, 1996, not 
     later than 30 days after becoming eligible for an unreduced 
     annuity; and
       ``(II) in the case of a technician first hired as a 
     military technician (dual status) after February 10, 1996, 
     not later than one year after the date on which dual status 
     is lost.
       ``(4) For purposes of this subsection, a military 
     technician is considered to lose dual status upon--
       ``(A) being separated from the Selected Reserve; or
       ``(B) ceasing to hold the military grade specified by the 
     Secretary concerned for the position held by the technician.
       ``(b) Non-Dual Status Technicians.--(1) An individual who 
     on the date of the enactment of this section is employed by 
     the Department of the Army or the Department of the Air Force 
     under section 709 of title 32 as a non-dual status technician 
     and who on that date is eligible for an unreduced annuity 
     shall be separated not later than six months after the date 
     of the enactment of this section.
       ``(2)(A) An individual who on the date of the enactment of 
     this section is employed by the Department of the Army or the 
     Department of the Air Force under section 709 of title 32 as 
     a non-dual status technician and who on that date is not 
     eligible for an unreduced annuity shall be offered the 
     opportunity to--
       ``(i) reapply for, and if qualified be appointed to, a 
     position as a military technician (dual status); or
       ``(ii) apply for a civil service position that is not a 
     technician position.
       ``(B) If such a technician continues employment with the 
     Department of the Army or the Department of the Air Force 
     under section 709 of title 32 as a non-dual status 
     technician, the technician--
       ``(i) shall not be permitted, after the end of the one-year 
     period beginning on the date of the enactment of this 
     section, to apply for any voluntary personnel action; and
       ``(ii) shall be separated or retired--
       ``(I) in the case of a technician first hired as a 
     technician on or before February 10, 1996, and who on the 
     date of the enactment of this section is a non-dual status 
     technician, not later than 30 days after becoming eligible 
     for an unreduced annuity; and
       ``(II) in the case of a technician first hired as a 
     technician after February 10, 1996, and who on the date of 
     the enactment of this section is a non-dual status 
     technician, not later than one year after the date on which 
     dual status is lost.
       ``(3) An individual employed by the Department of the Army 
     or the Department of the Air Force under section 709 of title 
     32 as a non-dual status technician who is ineligible for 
     appointment to a military technician (dual status) position, 
     or who decides not to apply for appointment to such a 
     position, or who, within six months of the date of the 
     enactment of this section is not appointed to such a 
     position, shall for reduction-in-force purposes be in a 
     separate competitive category from employees who are military 
     technicians (dual status).
       ``(c) Unreduced Annuity Defined.--For purposes of this 
     section, a technician shall be considered to be eligible for 
     an unreduced annuity if the technician is eligible for an 
     annuity under section 8336, 8412, or 8414 of title 5 that is 
     not subject to a reduction by reason of the age or years of 
     service of the technician.
       ``(d) Voluntary Personnel Action Defined.--In this section, 
     the term `voluntary personnel action', with respect to a non-
     dual status technician, means any of the following:
       ``(1) The hiring, entry, appointment, reassignment, 
     promotion, or transfer of the technician into a position for 
     which the Secretary concerned has established a requirement 
     that the person occupying the position be a military 
     technician (dual status).
       ``(2) Promotion to a higher grade if the technician is in a 
     position for which the Secretary concerned has established a 
     requirement that the person occupying the position be a 
     military technician (dual status).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``10219. National Guard technicians: conditions for retention; 
              mandatory retirement under civil service laws.''.
       (3) During the six-month period beginning on the date of 
     the enactment of this Act, the provisions of subsections 
     (a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I) of section 10219 of 
     title 10, United States Code, as added by paragraph (1), 
     shall be applied by substituting ``six months'' for ``30 
     days''.
       (b) Early Retirement.--Section 8414(c)(1) of title 5, 
     United States Code, is amended by striking ``reserve'' after 
     ``as a military''.

                  Amendment to H.R. 4205, as Reported

                 Offered by Ms. Schakowsky of Illinois

       At the end of subtitle C of title II (page 42, after line 
     19), insert the following new section:

     SEC. 236. DIPLOMATIC INITIATIVE WITH NORTH KOREA FOR 
                   NEGOTIATION OF END TO ITS BALLISTIC MISSILE 
                   PROGRAM.

       Of the amount available for the Ballistic Missile Defense 
     Organization pursuant to the authorization of appropriations 
     in section 201(4), not less than $1,000,000 shall be 
     available for the development of a diplomatic initiative with 
     North Korea for negotiation of end to its ballistic missile 
     program.

                  Amendment to H.R. 4205, as Reported

                 Offered by Ms. Schakowsky of Illinois

       At the end of title III (page 82, after line 14), insert 
     the following new section:

     SEC. 366. DEPARTMENT OF DEFENSE SUPPORT FOR COMBATTING AIDS 
                   IN AFRICA AND AROUND THE WORLD.

       (a) AIDS Program.--The Secretary of Defense shall carry out 
     a program to support activities to combat the acquired immune 
     deficiency syndrome (AIDS) in Africa and around the world. 
     Such support may include the purchase of medicines, provision 
     of transportation, furnishing personnel to dispense 
     medications, and assistance in the development of public 
     health infrastructure.
       (b) Funds.--The amount provided in section 301(19) for 
     Overseas Humanitarian, Disaster, and Civic Aid programs is 
     hereby increased by $283,000,000.
       (c) Offset.--The amount provided in section 201(4), and the 
     amount provided in section 231, are each reduced by 
     $283,000,000.

                  Amendment to H.R. 4205, as Reported

                 Offered by Ms. Schakowsky of Illinois

       At the end of section 231 (page 39, after line 10), insert 
     the following new sentence: ``The amount provided in section 
     201(4), and the amount provided in the preceding sentence, 
     are each reduced by $283,000,000.''.

                  Amendment to H.R. 4205, as Reported

                   Offered by Mr. Skelton of Missouri

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

     SEC. 1205. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE 
                   LEVELS OF HIGH PERFORMANCE COMPUTERS.

       (a) Layover Period for New Performance Levels.--Section 
     1211 of the National Defense Authorization Act for Fiscal 
     Year 1998 (50 U.S.C. app. 2404 note) is amended--
       (1) in the second sentence of subsection (d), by striking 
     ``180'' and inserting ``45''; and
       (2) by adding at the end the following:
       ``(g) Calculation of 45-Day Period.--The 45-day period 
     referred to in subsection (d) shall be calculated by 
     excluding the days on which either House of Congress is not 
     in session because of an adjournment of more than 3 days to a 
     day certain or an adjournment of the Congress sine die.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to any new composite theoretical performance 
     level established for purposes of section 1211(a) of the 
     National Defense Authorization Act for Fiscal Year 1998 that 
     is submitted by the President pursuant to section 1211(d) of 
     that Act on or after the date of the enactment of this Act.

                  Amendment to H.R. 4205, as Reported

                   Offered by Mr. Stark of California

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

     SEC. 10__. CODIFICATION AND EXTENSION OF LIMITATIONS ON 
                   DEPARTMENT OF DEFENSE PARTICIPATION IN AND 
                   SUPPORT FOR OVERSEAS AIR SHOWS AND TRADE 
                   EXHIBITIONS.

       (a) Codification and Strengthening of Limitations.--(1) 
     Chapter 152 of title 10, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 2555. Overseas airshows and trade exhibitions: 
       participation prohibited; limitations on support for 
       contractors

       ``(a) Prohibition on Military Participation.--The Secretary 
     of Defense and the Secretary of a military department may 
     not--
       ``(1) authorize the participation by the armed forces in an 
     airshow or trade exhibition held outside the United States 
     (other than the support authorized in subsection (b)); or
       ``(2) use the training or readiness requirements of the 
     armed forces in order to provide support indirectly for any 
     such airshow or trade exhibition.
       ``(b) Limitation on Support for Contractor Participation.--
     The Secretary of Defense, and the Secretaries of the military 
     departments with respect to their respective departments, 
     may, upon the request of a business firm or industrial 
     association, provide support to that firm or association at 
     an airshow or trade exhibition to be held outside the United 
     States in the form of the display or demonstration of 
     military equipment if the firm or association agrees to 
     reimburse the United States for all incremental costs of the 
     Department of Defense for that support.
       ``(c) Incremental Costs.--Incremental costs for purposes of 
     subsection (b) are the following:
       ``(1) All incremental costs of military personnel 
     accompanying the equipment or assisting the firm or 
     association in the display or demonstration of the equipment, 
     including costs of food, lodging, and local transportation.
       ``(2) All incremental transportation costs incurred in 
     moving the equipment from its normally assigned location to 
     the airshow or trade exhibition and return.
       ``(3) Any other miscellaneous incremental cost (such as 
     insurance costs or ramp fees) not covered by paragraph (1) or 
     (2) that is incurred by the United States but would not

[[Page 8500]]

     have been incurred had the Department of Defense not provided 
     support to the firm or industrial association under 
     subsection (b).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2555. Overseas airshows and trade exhibitions: participation 
              prohibited; limitations on support for contractors.''.
       (b) Repeal of Existing Limitations.--Section 1082 of the 
     National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 10 U.S.C. 113 note) is repealed.

                  Amendment to H.R. 4205, as Reported

                 Offered by Mrs. Tauscher of California

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

     SEC. __. ADJUSTMENT OF CONGRESSIONAL REVIEW PERIOD FOR CHANGE 
                   IN COMPOSITE THEORETICAL PERFORMANCE LEVELS OF 
                   HIGH PERFORMANCE COMPUTERS SUBJECT TO EXPORT 
                   CONTROLS.

       (a) Reduction in Congressional Review Period.--Section 
     1211(d) of the National Defense Authorization Act for Fiscal 
     Year 1998 (50 U.S.C. app. 2404 note) is amended in the second 
     sentence by striking ``180'' and inserting ``30''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to any new composite theoretical performance 
     level established for purposes of section 1211(a) of the 
     National Defense Authorization Act for Fiscal Year 1998 that 
     is submitted by the President pursuant to section 1211(d) of 
     that Act on or after January 1, 2000.

                  Amendment to H.R. 4205, as Reported

  Offered by Mr. Vitter of Louisiana, Mr. Tauzin of Louisiana, or Mr. 
                         Jefferson of Louisiana

       At the end of title II (page __, after line __), insert the 
     following new section:

     SEC. __. NAVY SINGLE INTEGRATED HUMAN RESOURCE STRATEGY.

       Notwithstanding any other provision of this Act, of the 
     funds provided for Research, Development, Test, and 
     Evaluation, Navy, $10,792,000 shall be made available for the 
     Navy Single Integrated Human Resource Strategy, business 
     process re-engineering of Navy and Navy Reserve legacy 
     systems and software and technology interoperability and 
     reliability. These funds shall be made available by a 
     reduction of $10,792,000 in Program Element 0604231N, 
     Tactical Command System, Research, Development, Test, and 
     Evaluation, Navy.
                                  ____


                  Amendment to H.R. 4205, as Reported

                   Offered by Mr. Dicks of Washington

       At the end of subtitle C of title I (page 27, after line 
     24), insert the following new section:

     SEC. __. WAIVER AUTHORITY FOR DISCONTINUATION OF PRODUCTION 
                   OF D-5 MISSILE.

       (a) Waiver Authority for D-5 Program Termination.--The 
     Secretary of Defense may waive the provisions of this Act 
     specified in subsection (b) upon submitting to the 
     congressional defense committees a certification in writing 
     that such a waiver is in the national security interests of 
     the United States.
       (b) Provisions Subject to Waiver.--Subsection (a) applies 
     to provisions of this Act providing the following:
       (1) That funds appropriated for the Department of Defense 
     for fiscal years after fiscal year 2001 may not be obligated 
     or expended to commence production of additional Trident II 
     (D-5) missiles.
       (2) That amounts appropriated for the Department of Defense 
     may be expended for the Trident II (D-5) missile program only 
     for the completion of production of those Trident II (D-5) 
     missiles which were commenced with funds appropriated for a 
     fiscal year before fiscal year 2002.
       (c) Funding.--The amount provided in section 102 for 
     weapons procurement for the Navy is hereby increased by 
     $472,900,000, to be available for procurement of Trident II 
     (D-5) missile only upon submission of a certification under 
     subsection (a).

  Mr. SESSIONS. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FROST. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 9 of rule XX, the Chair will reduce to a minimum 
of 5 minutes the period of time within which a vote by electronic 
device, if ordered, will be taken on the question of agreeing to the 
resolution.
  The vote was taken by electronic device, and there were--yeas 226, 
nays 200, not voting 8, as follows:

                             [Roll No. 200]

                               YEAS--226

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boyd
     Brady (TX)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cannon
     Castle
     Chabot
     Chambliss
     Chenoweth-Hage
     Coble
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Cox
     Crane
     Cubin
     Cunningham
     Davis (VA)
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ewing
     Fletcher
     Foley
     Fossella
     Fowler
     Franks (NJ)
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goodling
     Goss
     Graham
     Granger
     Green (WI)
     Greenwood
     Gutknecht
     Hansen
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Isakson
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Kasich
     Kelly
     King (NY)
     Kingston
     Knollenberg
     Kolbe
     Kuykendall
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     Martinez
     McCollum
     McCrery
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Pease
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Regula
     Reynolds
     Riley
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Sanford
     Saxton
     Scarborough
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Talent
     Tancredo
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Toomey
     Traficant
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--200

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barrett (WI)
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Forbes
     Ford
     Frank (MA)
     Frost
     Gejdenson
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hastings (FL)
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Klink
     Kucinich
     LaFalce
     Lampson
     Lantos
     Larson
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pickett
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Scott
     Serrano
     Sherman
     Shows
     Sisisky

[[Page 8501]]


     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Spratt
     Stabenow
     Stark
     Stenholm
     Strickland
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Velazquez
     Vento
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Weygand
     Wise
     Woolsey
     Wu
     Wynn

                             NOT VOTING--8

     Campbell
     Dixon
     Oberstar
     Owens
     Pomeroy
     Salmon
     Stupak
     Udall (NM)

                              {time}  1310

  Mrs. CLAYTON changed her vote from ``aye'' to ``no.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. Burr of North Carolina). The question is 
on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. FROST. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 254, 
noes 169, not voting 11, as follows:

                             [Roll No. 201]

                               AYES--254

     Aderholt
     Archer
     Armey
     Baca
     Bachus
     Baker
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boyd
     Brady (TX)
     Brown (FL)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cannon
     Castle
     Chabot
     Chambliss
     Chenoweth-Hage
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Costello
     Cox
     Crane
     Cubin
     Cunningham
     Davis (VA)
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ewing
     Fletcher
     Foley
     Fossella
     Fowler
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green (TX)
     Green (WI)
     Greenwood
     Gutknecht
     Hansen
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Holden
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Isakson
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kasich
     Kelly
     King (NY)
     Kingston
     Knollenberg
     Kolbe
     Kuykendall
     LaHood
     Lampson
     Largent
     Larson
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (OK)
     Maloney (CT)
     Manzullo
     Martinez
     Mascara
     McCollum
     McCrery
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Miller, Gary
     Mink
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ose
     Oxley
     Packard
     Pascrell
     Pastor
     Paul
     Pease
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pickett
     Pitts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Regula
     Reyes
     Reynolds
     Riley
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Sandlin
     Sanford
     Saxton
     Scarborough
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simpson
     Sisisky
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Spence
     Spratt
     Stearns
     Strickland
     Stump
     Sununu
     Sweeney
     Talent
     Tancredo
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Toomey
     Traficant
     Turner
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                               NOES--169

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldacci
     Baldwin
     Barrett (WI)
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Brady (PA)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson
     Clay
     Condit
     Conyers
     Coyne
     Cramer
     Crowley
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Forbes
     Ford
     Frank (MA)
     Gejdenson
     Gephardt
     Gonzalez
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hastings (FL)
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holt
     Hooley
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     John
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Klink
     Kucinich
     LaFalce
     Lantos
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Maloney (NY)
     Markey
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Minge
     Moakley
     Mollohan
     Nadler
     Napolitano
     Neal
     Obey
     Olver
     Ortiz
     Pallone
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Rivers
     Rodriguez
     Roemer
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sawyer
     Schakowsky
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Stabenow
     Stark
     Stenholm
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Udall (CO)
     Velazquez
     Vento
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Weygand
     Wise
     Woolsey
     Wu

                             NOT VOTING--11

     Campbell
     Dixon
     Franks (NJ)
     Jefferson
     Oberstar
     Owens
     Salmon
     Stupak
     Udall (NM)
     Weller
     Wynn

                              {time}  1320

  Mr. ORTIZ and Mr. HALL of Texas changed their vote from ``aye'' to 
``no.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________