[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[Senate]
[Pages 13385-13404]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

              DEPARTMENT OF LABOR APPROPRIATIONS ACT, 2001

                                 ______
                                 

                 COLLINS (AND REED) AMENDMENT NO. 3700

  Mr. SPECTER (for Ms. Collins (for herself and Mr. Reed)) proposed an 
amendment to the bill (H.R. 4577) making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2001, and for 
other purposes; as follows:

       On page 34, on line 13, before the colon, insert the 
     following: ``, of which $10,000,000 shall be used to provide 
     grants to local non-profit private and public entities to 
     enable such entities to develop and expand activities to 
     provide substance abuse services to homeless individuals''.
                                 ______
                                 

                 KERREY (AND OTHERS) AMENDMENT NO. 3701

  Mr. HARKIN (for Mr. Kerrey (for himself, Mr. Bingaman and Mr. Enzi)) 
proposed an amendment to the bill, H.R. 4577, supra; as follows:

       On page 68, line 2, before the colon, insert the following: 
     ``, of which $250,000 shall be for the Web-Based Education 
     Commission''.
                                 ______
                                 

                COLLINS (AND OTHERS) AMENDMENT NO. 3702

  Mr. SPECTER (for Ms. Collins (for herself, Mr. Feingold, Mr. 
Jeffords, Mr. Biden, Mrs. Murray, Mr. Enzi, Mr. Wellstone, Mr. 
Bingaman, Mr. Robb, Mr. Kerry, Mr. Abraham, and Mr. Reed)) proposed an 
amendment to the bill, H.R. 4577, supra; as follows:

       On page 24, line 1, strike ``and''.
       On page 24 line 7, insert before the colon the following; 
     ``, and of which $4,000,000 shall be provided to the Rural 
     Health Outreach Office of the Health Resources and Services 
     Administration for the awarding of grants to community 
     partnerships in rural areas for the purchase of automated 
     external defibrillators and the training of individuals in 
     basic cardiac life support''.
                                 ______
                                 

                      JEFFORDS AMENDMENT NO. 3703

  Mr. SPECTER (for Mr. Jeffords) proposed an amendment to the bill, 
H.R. 4577, supra; as follows:

       On page 43, line 9, before the colon, insert the follow: 
     ``, of which 5,000,000 shall be available for activities 
     regarding medication management, screening, and education to 
     prevent incorrect medication and adverse drug reactions''.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 3704

  Mr. SPECTER proposed an amendment to the bill, H.R. 4577, supra; as 
follows:

       On page 50, line 20, after the dash insert the following: 
     ``Except as provided by subsection (e)''.
       On page 51, line 1 strike ``December 15, 2000'' and insert 
     in lieu thereof: ``March 1, 2001''.
       On page 52, line 2, strike ``2000'' and insert in lieu 
     thereof ``2001''.
       On page 52, after line 2, insert the following new section
       ``(e) Territories.--None of the funds appropriated by this 
     Act may be used to withhold substance abuse funding pursuant 
     to section 1926 from a territory that receives less than 
     $1,000,000.''
                                 ______
                                 

                       GRAHAM AMENDMENT NO. 3705

  (Ordered to lie on the table.)
  Mr. HARKIN (for Mr. Graham) proposed an amendment to the bill, H.R. 
4577, supra; as follows:

       On page 54, between lines 10 and 11, insert the following:
       Sec.   . (a) Study.--The Secretary of Health and Human 
     Services shall conduct a study to examine--
       (1) the experiences of hospitals in the United States in 
     obtaining reimbursement from foreign health insurance 
     companies whose enrollees receive medical treatment in the 
     United States;

[[Page 13386]]

       (2) the identity of the foreign health insurance companies 
     that do not cooperate with or reimburse (in whole or in part) 
     United States health care providers for medical services 
     rendered in the United States to enrollees who are foreign 
     nationals;
       (3) the amount of unreimbursed services that hospitals in 
     the United States provide to foreign nationals described in 
     paragraph (2); and
       (4) solutions to the problems identified in the study.
       (b) Report.--Not later than March 31, 2001, the Secretary 
     of Health and Human Services shall prepare and submit to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, and the Committee on Appropriations, a report 
     concerning the results of the study conducted under 
     subsection (a), including the recommendations described in 
     paragraph (4) of such subsection.
                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENT NO. 3706

  (Ordered to lie on the table.)
  Mr. HARKIN (for Mr. Bingaman (for himself, Mr. Reid, Ms. Collins, and 
Mr. DeWine)) proposed an amendment to the bill, H.R. 4577, supra; as 
follows:

       On page 59, line 12, before the period insert the 
     following: ``: Provided further, That of the amount made 
     available under this heading for activities carried out 
     through the Fund for the Improvement of Education under part 
     A of title X, $10,000,000 shall be made available to enable 
     the Secretary of Education to award grants to develop and 
     implement school dropout prevention programs''.
                                 ______
                                 

                        REID AMENDMENT NO. 3707

  (Ordered to lie on the table.)
  Mr. HARKIN (for Mr. Reid) proposed an amendment to the bill, H.R. 
4577, supra; as follows:

       At the appropriate place, insert the following:


        national institute of child health and human development

       Sec.   . Section 448 of the Public Health Service Act (42 
     U.S.C. 285g) is amended by inserting ``gynecologic health,'' 
     after ``with respect to''.
                                 ______
                                 

                 DURBIN (AND OTHERS) AMENDMENT NO. 3708

  (Ordered to lie on the table.)
  Mr. HARKIN (for Mr. Durbin (for himself, Mr. DeWine, Mr. Bingaman, 
Mr. Schumer, Mr. Kerry, Mr. Fitzgerald, and Mr. Abraham)) proposed an 
amendment to the bill, H.R. 4577, supra; as follows:

       On page 26, line 25, before ``of which'' insert the 
     following: ``of which $20,000,000 shall be made available to 
     carry out children's asthma programs and $4,000,000 of such 
     $20,000,000 shall be utilized to carry out improved asthma 
     surveillance and tracking systems and the remainder shall be 
     used to carry out diverse community-based childhood asthma 
     programs including both school- and community-based grant 
     programs, except that not to exceed 5 percent of such funds 
     may be used by the Centers for Disease Control and Prevention 
     for administrative costs or reprogramming, and''.
                                 ______
                                 

                 DURBIN (AND OTHERS) AMENDMENT NO. 3709

  (Ordered to lie on the table.)
  Mr. HARKIN (for Mr. Durbin (for himself, Mr. Reed, Mrs. Murray, Mr. 
Kerry, Mrs. Hutchison, and Mrs. Feinstein)) proposed an amendment to 
the bill, H.R. 4577, supra; as follows:

       On page 54, between lines 10 and 11, insert the following:
       Sec. ___. In addition to amounts otherwise appropriated 
     under this title for the Centers for Disease Control and 
     Prevention, $37,500,000, to be utilized to provide grants to 
     States and political subdivisions of States under section 317 
     of the Public Health Service Act to enable such States and 
     political subdivisions to carry out immunization 
     infrastructure and operations activities: Provided, That of 
     the total amount made available in this Act for 
     infrastructure funding for the Centers for Disease Control 
     and Prevention, not less than 10 percent shall be used for 
     immunization projects in areas with low or declining 
     immunization rates or areas that are particularly susceptible 
     to disease outbreaks, and not more than 14 percent shall be 
     used to carry out the incentive bonus program: Provided, That 
     amounts made available under this Act for the administrative 
     and related expenses of the Department of Health and Human 
     Services, the Department of Labor, and the Department of 
     Education shall be further reduced on a pro rata basis by 
     $37,500,000.
                                 ______
                                 

         SMITH OF NEW HAMPSHIRE (AND OTHERS) AMENDMENT NO. 3710

  Mr. SPECTER (for Mr. Smith of New Hampshire (for himself, Ms. 
Landrieu, and Mr. Durbin)) proposed an amendment to the bill H.R. 4577, 
supra; as follows:

       At the appropriate place, add the following: ``None of the 
     funds appropriated under this Act shall be expended by the 
     National Institutes of Health on a contract for the care of 
     the 288 chimpanzees acquired by the National Institutes of 
     Health from the Coulston Foundation, unless the contractor is 
     accredited by the Association for the Assessment and 
     Accreditation of Laboratory Animal Care International or has 
     a Public Health Services assurance, and has not been charged 
     multiple times with egregious violations of the Animal 
     Welfare Act.''.
                                 ______
                                 

                        DODD AMENDMENT NO. 3711

  Mr. HARKIN (for Mr. Dodd) proposed an amendment to the bill, H.R. 
4577, supra; as follows:

       At the end of title III, insert the following:

     SEC. __. TECHNOLOGY AND MEDIA SERVICES.

       Notwithstanding any other provision of this Act--
       (1) the total amount appropriated under this title under 
     the heading ``Office of Special Education and Rehabilitative 
     Services'' under the heading ``special education'' to carry 
     out the Individuals with Disabilities Education Act shall be 
     $7,353,141,000, of which $35,323,000 shall be available for 
     technology and media services; and
       (2) the total amount appropriated under this title under 
     the heading ``Departmental Management'' under the heading 
     ``program administration'' shall be further reduced by 
     $800,000.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 3712

  Mr. SPECTER proposed an amendment to the bill, H.R. 4577, supra; as 
follows:

       In amendment #3633, as modified, strike ``$78,200,000'' and 
     insert ``$35,000,000'' in lieu thereof.
                                 ______
                                 

             STEVENS (AND OTHERS) AMENDMENTS NOS. 3713-3714

  Mr. SPECTER (for Mr. Stevens (for himself, Mr. Jeffords, and Mr. 
Kennedy)) proposed two amendments to the bill, H.R. 4577, supra; as 
follows:

                           Amendment No. 3713

       On page 69, line 2, after the colon insert the following 
     proviso: ``Provided further, That of the funds appropriated 
     $5,000,000 shall be made available for a high school state 
     grant program to improve academic performance and provide 
     technical skills training, $5,000,000 shall be made available 
     to provide grants to enable elementary and secondary schools 
     to provide physical education and improve physical fitness''.
                                  ____


                           Amendment No. 3714

       On page 41, at the beginning of line 12 insert the 
     following: ``$5,000,000 shall be made available to provide 
     grants for early childhood learning for young children, of 
     which''.
                                 ______
                                 

                        LEAHY AMENDMENT NO. 3715

  Mr. HARKIN (for Mr. Leahy) proposed an amendment to the bill, H.R. 
4577, supra; as follows:

       On page 45, line 4, insert before the period the following: 
     ``: Provided, That an additional $2,500,000 shall be made 
     available for the Office for Civil Rights: Provided further, 
     That amounts made available under this title for the 
     administrative and related expenses of the Department of 
     Health and Human Services shall be reduced by $2,500,000.
                                 ______
                                 

                       HARKIN AMENDMENT NO. 3716

  Mr. HARKIN proposed an amendment to the bill, H.R. 4577, supra; as 
follows:

       On page 40, line 5, strike ``$60,000,000'' and insert 
     ``$100,000,000''.
                                 ______
                                 

                 DeWINE (AND OTHERS) AMENDMENT NO. 3717

  Mr. SPECTER (for Mr. DeWine (for himself, Mrs. Murray, Mr. Grassley, 
Mr. Durbin, Mrs. Lincoln, Mr. Hagel, and Mr. Dodd)) proposed an 
amendment to the bill, H.R. 4577, supra; as follows:

       On page 54, between lines 10 and 11, insert the following:
       Sec. __. (a) In addition to amounts made available under 
     the heading ``Health Resources and Services Administration-
     Health Resources and Services'' for poison prevention and 
     poison control center activities, there shall be available an 
     additional $20,000,000 to provide assistance for such 
     activities and to stabilize the funding of regional poison 
     control centers as provided for pursuant to the Poison 
     Control Center Enhancement and Awareness Act (Public Law 106-
     174).
       (b) Amounts made available under this Act for the 
     administrative and related expenses of the Department of 
     Health and Human Services, the Department of Labor, and the 
     Department of Education shall be further reduced on a pro 
     rata basis by $20,000,000.

[[Page 13387]]


                                 ______
                                 

                       SCHUMER AMENDMENT NO. 3718

  Mr. HARKIN (for Mr. Schumer) proposed an amendment to the bill, H.R. 
4577, supra; as follows:

       On page 27, line 24, before the period insert the 
     following: ``: Provided further, That in addition to amounts 
     made available under this heading for the National Program of 
     Cancer Registries, an additional $15,000,000 shall be made 
     available for such Program and special emphasis in carrying 
     out such Program shall be given to States with the highest 
     number of the leading causes of cancer mortality: Provided 
     further, That amounts made available under this Act for the 
     administrative and related expenses of the Centers for 
     Disease Control and Prevention shall be reduced by 
     $15,000,000''.
                                 ______
                                 

                        DODD AMENDMENT NO. 3719

  Mr. HARKIN (for Mr. Dodd) proposed an amendment to the bill, H.R. 
4577, supra; as follows:

       On page 92, between lines 4 and 5, insert the following:
       Sec. __. Title V of the Public Health Service Act (42 
     U.S.C. 290aa et seq.) is amended by adding at the end the 
     following:

 ``PART G--REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN 
                               FACILITIES

     ``SEC. 581. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS 
                   OF CERTAIN FACILITIES.

       ``(a) In General.--A public or private general hospital, 
     nursing facility, intermediate care facility, residential 
     treatment center, or other health care facility, that 
     receives support in any form from any program supported in 
     whole or in part with funds appropriated to any Federal 
     department or agency shall protect and promote the rights of 
     each resident of the facility, including the right to be free 
     from physical or mental abuse, corporal punishment, and any 
     restraints or involuntary seclusions imposed for purposes of 
     discipline or convenience.
       ``(b) Requirements.--Restraints and seclusion may only be 
     imposed on a resident of a facility described in subsection 
     (a) if--
       ``(1) the restraints or seclusion are imposed to ensure the 
     physical safety of the resident, a staff member, or others; 
     and
       ``(2) the restraints or seclusion are imposed only upon the 
     written order of a physician, or other licensed independent 
     practitioner permitted by the State and the facility to order 
     such restraint or seclusion, that specifies the duration and 
     circumstances under which the restraints are to be used 
     (except in emergency circumstances specified by the Secretary 
     until such an order could reasonably be obtained).
       ``(c) Definitions.--In this section:
       ``(1) Restraints.--The term `restraints' means--
       ``(A) any physical restraint that is a mechanical or 
     personal restriction that immobilizes or reduces the ability 
     of an individual to move his or her arms, legs, or head 
     freely, not including devices, such as orthopedically 
     prescribed devices, surgical dressings or bandages, 
     protective helmets, or any other methods that involves the 
     physical holding of a resident for the purpose of conducting 
     routine physical examinations or tests or to protect the 
     resident from falling out of bed or to permit the resident to 
     participate in activities without the risk of physical harm 
     to the resident; and
       ``(B) a drug or medication that is used as a restraint to 
     control behavior or restrict the resident's freedom of 
     movement that is not a standard treatment for the resident's 
     medical or psychiatric condition.
       ``(2) Seclusion.--The term `seclusion' means any separation 
     of the resident from the general population of the facility 
     that prevents the resident from returning to such population 
     if he or she desires.

     ``SEC. 582. REPORTING REQUIREMENT.

       ``(a) In General.-- Each facility to which the Protection 
     and Advocacy for Mentally Ill Individuals Act of 1986 applies 
     shall notify the appropriate agency, as determined by the 
     Secretary, of each death that occurs at each such facility 
     while a patient is restrained or in seclusion, of each death 
     occurring within 24 hours after the patient has been removed 
     from restraints and seclusion, or where it is reasonable to 
     assume that a patient's death is a result of such seclusion 
     or restraint. A notification under this section shall include 
     the name of the resident and shall be provided not later than 
     7 days after the date of the death of the individual 
     involved.
       ``(b) Facility.--In this section, the term `facility' has 
     the meaning given the term `facilities' in section 102(3) of 
     the Protection and Advocacy for Mentally Ill Individuals Act 
     of 1986 (42 U.S.C. 10802(3)).''.

     ``SEC. 583. REGULATIONS AND ENFORCEMENT.

       ``(a) Training.--Not later than 1 year after the date of 
     enactment of this part, the Secretary, after consultation 
     with appropriate State and local protection and advocacy 
     organizations, physicians, facilities, and other health care 
     professionals and patients, shall promulgate regulations that 
     require facilities to which the Protection and Advocacy for 
     Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et 
     seq.) applies, to meet the requirements of subsection (b).
       ``(b) Requirements.--The regulations promulgated under 
     subsection (a) shall require that--
       ``(1) facilities described in subsection (a) ensure that 
     there is an adequate number of qualified professional and 
     supportive staff to evaluate patients, formulate written 
     individualized, comprehensive treatment plans, and to provide 
     active treatment measures;
       ``(2) appropriate training be provided for the staff of 
     such facilities in the use of restraints and any alternatives 
     to the use of restraints; and
       ``(3) such facilities provide complete and accurate 
     notification of deaths, as required under section 582(a).
       ``(c) Enforcement.--A facility to which this part applies 
     that fails to comply with any requirement of this part, 
     including a failure to provide appropriate training, shall 
     not be eligible for participation in any program supported in 
     whole or in part by funds appropriated to any Federal 
     department or agency.''.
                                 ______
                                 

                        ENZI AMENDMENT NO. 3720

  Mr. SPECTER (for Mr. Enzi) proposed an amendment to the bill, H.R. 
4577, supra; as follows:

       On page 13, line 20, strike ``Provided'' and insert the 
     following: ``: Provided, That of the amount appropriated 
     under this heading that is in excess of the amount 
     appropriated for such purposes for fiscal year 2000, at least 
     $22,200,000 shall be used to carry out education, training, 
     and consultation activities as described in subsections (c) 
     and (d) of section 21 of the Occupational Safety and Health 
     Act of 1970 (29 U.S.C. 670(c) and (d)): Provided further,''.
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 3721

  Mr. HARKIN (for Mr. Torricelli) proposed an amendment to the bill, 
H.R. 4577, supra; as follows:

       On page 54, between lines 10 and 11, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING THE DELIVERY OF 
                   EMERGENCY MEDICAL SERVICES.

       (a) Findings.--The Senate finds the following:
       (1) Several States have developed and implemented a unique 
     2-tiered emergency medical services system that effectively 
     provides services to the residents of those States.
       (2) These 2-tiered systems include volunteer and for-profit 
     emergency medical technicians who provide basic life support 
     and hospital-based paramedics who provide advanced life 
     support.
       (3) These 2-tiered systems have provided universal access 
     for residents of those States to affordable emergency 
     services, while simultaneously ensuring that those persons in 
     need of the most advanced care receive such care from the 
     proper authorities.
       (4) One State's 2-tiered system currently has an estimated 
     20,000 emergency medical technicians providing ambulance 
     transportation for basic life support and advanced life 
     support emergencies, over 80 percent of which are handled by 
     volunteers who are not reimbursed under the medicare program 
     under title XVIII of the Social Security Act.
       (5) The hospital-based paramedics, also known as mobile 
     intensive care units, are reimbursed under the medicare 
     program when they respond to advanced life support 
     emergencies.
       (6) These 2-tiered State health systems save the lives of 
     thousands of residents of those States each year, while 
     saving the medicare program, in some instances, as much as 
     $39,000,000 in reimbursement fees.
       (7) When Congress requested that the Health Care Financing 
     Administration enact changes to the emergency medical 
     services fee schedule as a result of the Balanced Budget Act 
     of 1997, including a general overhaul of reimbursement rates 
     and administrative costs, it was in the spirit of 
     streamlining the agency, controlling skyrocketing health care 
     costs, and lengthening the solvency of the medicare program.
       (8) The Health Care Financing Administration is considering 
     implementing new emergency medical services reimbursement 
     guidelines that may destabilize the 2-tier system that have 
     developed in these States.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Health Care Financing Administration should--
       (1) consider the unique nature of 2-tiered emergency 
     medical services delivery systems when implementing new 
     reimbursement guidelines for paramedics and hospitals under 
     the medicare program under title XVIII of the Social Security 
     Act; and
       (2) promote innovative emergency medical service systems 
     enacted by States that reduce reimbursement costs to the 
     medicare program while ensuring that all residents receive 
     quick and appropriate emergency care when needed.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 3722

  Mr. HARKIN (for Mr. Wellstone) proposed an amendment to the bill, 
H.R. 4577, supra; as follows:

       On page 71, after line 25, add the following:
       Sec. __. (a) In addition to any amounts appropriated under 
     this title for the Perkin's

[[Page 13388]]

     loan cancellation program under section 465 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087ee), an additional 
     $15,000,000 is appropriated to carry out such program.
       (b) Notwithstanding any other provision of this Act, 
     amounts made available under titles I and II, and this title, 
     for salaries and expenses at the Departments of Labor, Health 
     and Human Services, and Education, respectively, shall be 
     further reduced on a pro rata basis by $15,000,000.
                                 ______
                                 

               LIEBERMAN (AND OTHERS) AMENDMENT NO. 3723

  Mr. HARKIN (for Mr. Lieberman (for himself, Mr. Gorton, Mr. Bayh, Mr. 
Bryan, Ms. Landrieu, Mrs. Lincoln, Mr. Kohl, Mr. Robb, and Mr. Breaux)) 
proposed an amendment to the bill, H.R. 4577, supra; as follows:

       On page 71, after line 25, insert the following:
       Sec. 305. The Comptroller General of the United States, 
     shall evaluate the extent to which funds made available under 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965 are allocated to schools and local educational 
     agencies with the greatest concentrations of school-age 
     children from low-income families, the extent to which 
     allocations of such funds adjust to shifts in concentrations 
     of pupils from low-income families in different regions, 
     States, and substate areas, the extent to which the 
     allocation of such funds encourage the targeting of State 
     funds to areas with higher concentrations of children from 
     low-income families; the implications of current distribution 
     methods for such funds, and formula and other policy 
     recommendations to improve the targeting of such funds to 
     more effectively serve low-income children in both rural and 
     urban areas, and for preparing interim and final reports 
     based on the results of the study, to be submitted to 
     Congress not later than February 1, 2001, and April 1, 2001.
       On page 70, line 7, strike ``$396,672,000'' and insert 
     ``$396,671,000''.
                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENT NO. 3724

  Mr. HARKIN (for Mr. Bingaman (for himself, Mr. Daschle, Mr. Johnson, 
Mr. McCain, Ms. Conrad, Mrs. Murray, Mr. Leahy, and Mrs. Boxer)) 
proposed an amendment to the bill, H.R. 4577, supra; as follows:

       At the end of title III, insert the following:

     SEC. 306.

       The amount made available under this title under the 
     heading ``Office of Postsecondary Education'' under the 
     heading ``higher education'' to carry out section 316 of the 
     Higher Education Act of 1965 is increased by $5,000,000, 
     which increase shall be used for construction and renovation 
     projects under such section; and the amount made available 
     under this title under the heading ``Office of Postsecondary 
     Education'' under the heading ``higher education'' to carry 
     out part B of title VII of the Higher Education Act of 1965 
     is decreased by $5,000,000.
                                 ______
                                 

                BAUCUS (AND JEFFORDS) AMENDMENT NO. 3725

  Mr. HARKIN (for Mr. Baucus (for himself and Mr. Jeffords)) proposed 
an amendment to the bill, H.R 4577, supra; as follows:

       On page 54, between lines 10 and 11, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING IMPACTS OF THE 
                   BALANCED BUDGET ACT OF 1997.

       (a) Findings.--The Senate makes the following findings:
       (1) Since its passage in 1997, the Balanced Budget Act of 
     1997 has drastically cut payments under the medicare program 
     under title XVIII of the Social Security Act in the areas of 
     hospital, home health, and skilled nursing care, among 
     others. While Congress intended to cut approximately 
     $100,000,000,000 from the medicare program over 5 years, 
     recent estimates put the actual cut at over $200,000,000,000.
       (2) A recent study on home health care found that nearly 70 
     percent of hospital discharge planners surveyed reported a 
     greater difficulty obtaining home health services for 
     medicare beneficiaries as a result of the Balanced Budget Act 
     of 1997.
       (3) According to the Medicare Payment Advisory Commission, 
     rural hospitals were disproportionately affected by the 
     Balanced Budget Act of 1997, dropping the inpatient margins 
     of such hospitals over 4 percentage points in 1998.
       (b) Sense of Senate.--It is the sense of the Senate that 
     Congress and the President should act expeditiously to 
     alleviate the adverse impacts of the Balanced Budget Act of 
     1997 on beneficiaries under the medicare program under title 
     XVIII of the Social Security Act and health care providers 
     participating in such program.
                                 ______
                                 

                TORRICELLI (AND REED) AMENDMENT NO. 3726

  Mr. HARKIN (for Mr. Torricelli (for himself and Mr. Reed)) proposed 
an amendment to the bill, H.R. 4577, supra; as follows:

       At the end of title V, add the following:
       Sec. __. It is the sense of the Senate that each entity 
     carrying out an Early Head Start program under the Head Start 
     Act should--
       (1) determine whether a child eligible to participate in 
     the Early Head Start program has received a blood lead 
     screening test, using a test that is appropriate for age and 
     risk factors, upon the enrollment of the child in the 
     program; and
       (2) in the case of an child who has not received such a 
     blood lead screening test, ensure that each enrolled child 
     receives such a test either by referral or by performing the 
     test (under contract or otherwise).
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 3727

  Mr. HARKIN (for Mr. Torricelli) proposed an amendment to the bill, 
H.R. 4577, supra; as follows:

       On page 27, line 24, strike the period and insert the 
     following: ``: Provided further, That the funds made 
     available under this heading for section 317A of the Public 
     Health Service Act may be made available for programs 
     operated in accordance with a strategy (developed and 
     implemented by the Director for the Centers for Disease 
     Control and Prevention) to identify and target resources for 
     childhood lead poisoning prevention to high-risk populations, 
     including ensuring that any individual or entity that 
     receives a grant under that section to carry out activities 
     relating to childhood lead poisoning prevention may use a 
     portion of the grant funds awarded for the purpose of funding 
     screening assessments and referrals at sites of operation of 
     the Early Head Start programs under the Head Start Act.''.
                                 ______
                                 

               SMITH OF NEW HAMPSHIRE AMENDMENT NO. 3728

  Mr. SPECTER (for Mr. Smith of New Hampshire) proposed an amendment to 
the bill, H.R. 4577, supra; as follows:

       At the appropriate place add the following:
       (a) Whereas sexual abuse in schools between a student and a 
     member of the school staff or a student and another student 
     is a cause for concern in America;
       (b) Whereas relatively few studies have been conducted on 
     sexual abuse in schools and the extent of this problem is 
     unknown;
       (c) Whereas according to the Child Abuse and Neglect 
     Reporting Act, a school administrator is required to report 
     any allegation of sexual abuse to the appropriate 
     authorities;
       (d) Whereas an individual who is falsely accused of sexual 
     misconduct with a student deserves appropriate legal and 
     professional protections;
       (e) Whereas it is estimated that many cases of sexual abuse 
     in schools are not reported;
       (f) Whereas many of the accused staff quietly resign at 
     their present school district and are then rehired at a new 
     district which has no knowledge of their alleged abuse;
       (g) Therefore, it is the Sense of the Senate that the 
     Secretary of Education should initiate a study and make 
     recommendations to Congress and state and local governments 
     on the issue of sexual abuse in schools.''.
                                 ______
                                 

                 BAUCUS (AND OTHERS) AMENDMENT NO. 3729

  Mr. HARKIN (for Mr. Baucus (for himself, Mr. Bingaman, Mr. Domenici, 
and Mrs. Hutchison)) proposed an amendment to the bill, H.R. 4577, 
supra; as follows:

       On page 58, line 3, strike $25,000,000 and insert 
     $350,000,000.
       Amounts made available under this Act for the 
     administrative and related expenses of the Department of 
     Health and Human Services, the Department of Labor, and the 
     Department of Education shall be further reduced on a pro 
     rata basis by $10,000,000.
                                 ______
                                 

                LANDRIEU (AND OTHERS) AMENDMENT NO. 3730

  Mr. HARKIN (for Ms. Landrieu (for herself, Mr. DeWine, Mrs. Lincoln, 
Mr. Grassley, and Mr. Craig)) proposed an amendment to the bill, H.R. 
4577, supra; as follows:

       On page 41, lines 11 and 12, strike ``$7,881,586,000, of 
     which $41,791,000'' and insert ``$7,895,723,000, of which 
     $55,928,000''.
       Amounts made available under this Act for the 
     administrative and related expenses of the Department of 
     Health and Human Services, the Department of Labor, and the 
     Department of Education shall be further reduced on a pro 
     rata basis by $14,137,000.
                                 ______
                                 

                        BYRD AMENDMENT NO. 3731

  Mr. HARKIN (for Mr. Byrd) proposed an amendment to the bill, H.R. 
4577, supra; as follows:

       On page 69 on line 24 insert the following: ``Provided 
     further, That of the amount made

[[Page 13389]]

     available under this heading for activities carried out 
     through the Fund for the Improvement of Education under part 
     A of title X, $50,000,000 shall be made available to enable 
     the Secretary of Education to award grants to develop, 
     implement, and strengthen programs to teach American history 
     (not social studies) as a separate subject within the school 
     curricula''.
                                 ______
                                 

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

                                 ______
                                 

                 DURBIN (AND OTHERS) AMENDMENT NO. 3732

  (Ordered to lie on the table.)
  Mr. DURBIN (for himself, Mr. Wellstone, Mr. Bingaman, Mr. Johnson, 
Mr. Kerry, Mr. Kennedy, Mr. Harkin, and Mr. Wyden) submitted an 
amendment intended to be proposed by them to the bill (S. 2549) to 
authorize appropriations for fiscal year 2001 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 53, after line 23, insert the following:

     SEC. 243. OPERATIONALLY-REALISTIC TESTING AGAINST 
                   COUNTERMEASURES FOR NATIONAL MISSILE DEFENSE.

       (a) Testing Requirements.--The Secretary of Defense shall 
     direct the Ballistic Missile Defense Organization--
       (1) to include in the ground and flight testing of the 
     National Missile Defense system that is conducted before the 
     system becomes operational any countermeasures (including 
     decoys) that--
       (A) are likely, or at least realistically possible, to be 
     used against the system; and
       (B) are chosen for testing on the basis of what 
     countermeasure capabilities a long-range missile could have 
     and is likely to have, taking into consideration the 
     technology that the country deploying the missile would have 
     or could likely acquire; and
       (2) to determine the extent to which the exoatmospheric 
     kill vehicle and the National Missile Defense system can 
     reliably discriminate between warheads and such 
     countermeasures.
       (b) Future Funding Requirements.--The Secretary, in 
     consultation with the Director of the Ballistic Missile 
     Defense Organization shall--
       (1) determine what additional funding, if any, may be 
     necessary for fulfilling the testing requirements set forth 
     in subsection (a) in fiscal years after fiscal year 2001; and
       (2) submit the determination to the congressional defense 
     committees at the same time that the President submits the 
     budget for fiscal year 2002 to Congress under section 1105(a) 
     of title 31, United States Code.
       (c) Report by Secretary of Defense.--(1) The Secretary of 
     Defense shall, except as provided in paragraph (4), submit to 
     Congress an annual report on the Department's efforts to 
     establish a program for operationally realistic testing of 
     the National Missile Defense system against countermeasures. 
     The report shall be in both classified and unclassified 
     forms.
       (2) The report shall include the Secretary's assessment of 
     the following:
       (A) The countermeasures available to foreign countries with 
     ballistic missiles that the National Missile Defense system 
     could encounter in a launch of such missiles against the 
     United States.
       (B) The ability of the National Missile Defense system to 
     defeat such countermeasures, including the ability of the 
     system to discriminate between countermeasures and reentry 
     vehicles.
       (C) The plans to demonstrate the capability of the National 
     Missile Defense system to defeat such countermeasures and the 
     adequacy of the ground and flight testing to demonstrate that 
     capability.
       (3) The report shall be submitted not later than January 15 
     of each year. The first report shall be submitted not later 
     than January 15, 2001.
       (4) No annual report is required under this section after 
     the National Missile Defense system becomes operational.
       (d) Independent Review Panel.--(1) The Secretary of Defense 
     shall reconvene the Panel on Reducing Risk in Ballistic 
     Missile Defense Flight Test Programs.
       (2) The Panel shall assess the following:
       (A) The countermeasures available for use against the 
     United States National Missile Defense system.
       (B) The operational effectiveness of that system against 
     those countermeasures.
       (C) The adequacy of the National Missile Defense flight 
     testing program to demonstrate the capability of the system 
     to defeat the countermeasures.
       (3) After conducting the assessment required under 
     paragraph (2), the Panel shall evaluate--
       (A) whether sufficient ground and flight testing of the 
     system will have been conducted before the system becomes 
     operational to support the making of a determination, with a 
     justifiably high level of confidence, regarding the 
     operational effectiveness of the system;
       (B) whether adequate ground and flight testing of the 
     system will have been conducted, before the system becomes 
     operational, against the countermeasures that are likely, or 
     at least realistically possible, to be used against the 
     system and that other countries have or likely could acquire; 
     and
       (C) whether the exoatmospheric kill vehicle and the rest of 
     the National Missile Defense system can reliably discriminate 
     between warheads and such countermeasures.
       (4) Not later than March 15, 2001, the Panel shall submit a 
     report on its assessments and evaluations to the Secretary of 
     Defense and to Congress. The report shall include any 
     recommendations for improving the flight testing program for 
     the National Missile Defense system or the operational 
     capability of the system to defeat countermeasures that the 
     Panel determines appropriate.
       (e) Countermeasure Defined.--In this section, the term 
     ``countermeasure''--
       (1) means any deliberate action taken by a country with 
     long-range ballistic missiles to defeat or otherwise counter 
     a United States National Missile Defense system; and
       (2) includes, among other actions--
       (A) use of a submunition released by a ballistic missile 
     soon after the boost phase of the missile;
       (B) use of anti-simulation, together with such decoys as 
     Mylar balloons, to disguise the signature of the warhead; and
       (C) use of a shroud cooled with liquid nitrogen to reduce 
     the infrared signature of the warhead.
                                 ______
                                 

               HUTCHISON (AND OTHERS) AMENDMENT NO. 3733

  (Ordered to lie on the table.)
  Mrs. HUTCHISON (for herself, Mr. Dorgan, Mr. Brownback, and Mr. 
Edwards) submitted an amendment intended to be proposed by them to the 
bill, S. 2549, supra; as follows:

       On page 123, between lines 12 and 13, insert the following:

     SEC. 377. 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

[[Page 13390]]

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

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

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

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

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

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

                       WARNER AMENDMENT NO. 3734

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

       On page 123, between lines 12 and 13, insert the following:

     SEC. 377. POSTPONEMENT OF IMPLEMENTATION OF DEFENSE JOINT 
                   ACCOUNTING SYSTEM (DJAS) PENDING ANALYSIS OF 
                   THE SYSTEM.

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

                      DOMENICI AMENDMENT NO. 3735

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

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

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

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

     ``Sec. 204. Joint Technology Office

       ``(a) Establishment.--(1) There is in the Department of 
     Defense a Joint Technology Office (in this section referred 
     to as the `Office'). The Office shall be considered an 
     independent office within the Office of the Secretary of 
     Defense.
       ``(2) The Secretary of Defense may delegate responsibility 
     for authority, direction, and control of the Office to the 
     Deputy Under Secretary of Defense for Science and Technology.
       ``(b) Director.--(1) The head of the Office shall be a 
     civilian employee of the Department of Defense in the Senior 
     Executive Service who is designated by the Secretary of 
     Defense for that purpose. The head of the Office shall be 
     known as the `Director of the Joint Technology Office'.

[[Page 13391]]

       ``(2) The Director shall report directly to the Deputy 
     Under Secretary of Defense for Science and Technology.
       ``(c) Other Staff.--The Secretary of Defense shall provide 
     the Office such civilian and military personnel and other 
     resources as are necessary to permit the Office to carry out 
     its duties under this section.
       ``(d) Duties.--The duties of the Office shall be to--
       ``(1) develop and oversee the management of a Department of 
     Defense-wide program of science and technology relating to 
     directed energy technologies, systems, and weapons;
       ``(2) serve as a point of coordination for initiatives for 
     science and technology relating to directed energy 
     technologies, systems, and weapons from throughout the 
     Department of Defense;
       ``(3) develop and promote a program (to be known as the 
     `National Directed Energy Technology Alliance') to foster the 
     exchange of information and cooperative activities on 
     directed energy technologies, systems, and weapons between 
     and among the Department of Defense, other Federal agencies, 
     institutions of higher education, and the private sector;
       ``(4) initiate and oversee the coordination of the high-
     energy laser and high power microwave programs and offices of 
     the military departments; and
       ``(5) carry out such other activities relating to directed 
     energy technologies, systems, and weapons as the Deputy Under 
     Secretary of Defense for Science and Technology considers 
     appropriate.
       ``(e) Coordination Within Department of Defense.--(1) The 
     Director of the Office shall assign to appropriate personnel 
     of the Office the performance of liaison functions with the 
     other Defense Agencies and with the military departments.
       ``(2) The head of each military department and Defense 
     Agency having an interest in the activities of the Office 
     shall assign personnel of such department or Defense Agency 
     to assist the Office in carrying out its duties. In providing 
     such assistance, such personnel shall be known collectively 
     as `Technology Area Working Groups'.
       ``(f) Joint Technology Board of Directors.--(1) There is 
     established in the Department of Defense a board to be known 
     as the `Joint Technology Board of Directors' (in this section 
     referred to as the `Board').
       ``(2) The Board shall be composed of 9 members as follows:
       ``(A) The Under Secretary of Defense for Acquisition and 
     Technology, who shall serve as chairperson of the Board.
       ``(B) The Director of Defense Research and Engineering, who 
     shall serve as vice-chairperson of the Board.
       ``(C) The senior acquisition executive of the Department of 
     the Army.
       ``(D) The senior acquisition executive of the Department of 
     the Navy.
       ``(E) The senior acquisition executive of the Department of 
     the Air Force.
       ``(F) The senior acquisition executive of the Marine Corps.
       ``(G) The Director of the Defense Advanced Research 
     Projects Agency.
       ``(H) The Director of the Ballistic Missile Defense 
     Organization.
       ``(I) The Director of the Defense Threat Reduction Agency.
       ``(3) The duties of the Board shall be--
       ``(A) to review and comment on recommendations made and 
     issues raised by the Council under this section; and
       ``(B) to review and oversee the activities of the Office 
     under this section.
       ``(g) Joint Technology Council.--(1) There is established 
     in the Department of Defense a council to be known as the 
     `Joint Technology Council' (in this section referred to as 
     the `Council').
       ``(2) The Council shall be composed of 8 members as 
     follows:
       ``(A) The Deputy Under Secretary of Defense for Science and 
     Technology, who shall be chairperson of the Council.
       ``(B) The senior science and technology executive of the 
     Department of the Army.
       ``(C) The senior science and technology executive of the 
     Department of the Navy.
       ``(D) The senior science and technology executive of the 
     Department of the Air Force.
       ``(E) The senior science and technology executive of the 
     Marine Corps.
       ``(F) The senior science and technology executive of the 
     Defense Advanced Research Projects Agency.
       ``(G) The senior science and technology executive of the 
     Ballistic Missile Defense Organization.
       ``(H) The senior science and technology executive of the 
     Defense Threat Reduction Agency.
       ``(3) The duties of the Council shall be--
       ``(A) to review and recommend priorities among programs, 
     projects, and activities proposed and evaluated by the Office 
     under this section;
       ``(B) to make recommendations to the Board regarding 
     funding for such programs, projects, and activities; and
       ``(C) to otherwise review and oversee the activities of the 
     Office under this section.''.
       (2) The table of sections at the beginning of subchapter II 
     of chapter 8 of such title is amended by adding at the end 
     the following new section:

``204. Joint Technology Office.''.

       (3)(A) The Secretary of Defense shall locate the Joint 
     Technology Office under section 204 of title 10, United 
     States Code (as added by this subsection), at a location 
     determined appropriate by the Secretary, not later than 
     October 1, 2000.
       (B) In determining the location of the Office, the 
     Secretary shall, in consultation with the Deputy Under 
     Secretary of Defense for Science and Technology, evaluate 
     whether to locate the Office at a site at which occur a 
     substantial proportion of the directed energy research, 
     development, test, and evaluation activities of the 
     Department of Defense.
       (c) Technology Area Working Groups under High Energy Laser 
     Master Plan.--The Secretary of Defense shall provide for the 
     implementation of the portion of the High Energy Laser Master 
     Plan relating to technology area working groups.
       (d) Enhancement of Industrial Base.--(1) The Secretary of 
     Defense shall develop and undertake initiatives, including 
     investment initiatives, for purposes of enhancing the 
     industrial base for directed energy technologies and systems.
       (2) Initiatives under paragraph (1) shall be designed to--
       (A) stimulate the development by institutions of higher 
     education and the private sector of promising directed energy 
     technologies and systems; and
       (B) stimulate the development of a workforce skilled in 
     such technologies and systems.
       (e) Enhancement of Test and Evaluation Capabilities.--The 
     Secretary of Defense shall consider modernizing the High 
     Energy Laser Test Facility at White Sands Missile Range, New 
     Mexico, in order to enhance the test and evaluation 
     capabilities of the Department of Defense with respect to 
     directed energy weapons.
       (f) Cooperative Programs and Activities.--(1) The Secretary 
     of Defense shall evaluate the feasibility and advisability of 
     entering into cooperative programs or activities with other 
     Federal agencies, institutions of higher education, and the 
     private sector, including the national laboratories of the 
     Department of Energy, for the purpose of enhancing the 
     programs, projects, and activities of the Department of 
     Defense relating to directed energy technologies, systems, 
     and weapons. The Secretary shall carry out the evaluation in 
     consultation with the Joint Technology Board of Directors 
     established by section 204 of title 10, United States Code 
     (as added by subsection (b) of this section).
       (2) The Secretary shall enter into any cooperative program 
     or activity determined under the evaluation under paragraph 
     (1) to be feasible and advisable for the purpose set forth in 
     that paragraph.
       (g) Participation of Joint Technology Council in 
     Activities.--The Secretary of Defense shall, to the maximum 
     extent practicable, carry out activities under subsections 
     (c), (d), (e), and (f), through the Joint Technology Council 
     established pursuant to section 204 of title 10, United 
     States Code.
       (h) Funding for Fiscal Year 2001.--(1) Of the amount 
     authorized to be appropriated by section 201(4) for research, 
     development, test, and evaluation, Defense-wide, up to 
     $50,000,000 may be available for science and technology 
     activities relating to directed energy technologies, systems, 
     and weapons.
       (2) The Director of the Joint Technology Office established 
     pursuant to section 204 of title 10, United States Code, 
     shall allocate amounts available under paragraph (1) among 
     appropriate program elements of the Department of Defense, 
     and among cooperative programs and activities under this 
     section, in accordance with such procedures as the Director 
     shall establish.
       (3) In establishing procedures for purposes of the 
     allocation of funds under paragraph (2), the Director shall 
     provide for the competitive selection of programs, projects, 
     and activities to be the recipients of such funds.
       (i) Directed Energy Defined.--In this section, the term 
     ``directed energy'', with respect to technologies, systems, 
     or weapons, means technologies, systems, or weapons that 
     provide for the directed transmission of energies across the 
     energy and frequency spectrum, including high energy lasers 
     and high power microwaves.
                                 ______
                                 

               HUTCHISON (AND CLELAND) AMENDMENT NO. 3736

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

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

     SEC.   . ALLOCATION OF FUNDS FOR THE PLANNING AND EXECUTION 
                   OF A BALKANS STABILIZATION CONFERENCE.

       (a) Short Title.--This section may be cited as the 
     ``Balkans Peace and Prosperity Act of 2000''.
       (b) Findings.--Congress makes the following findings:
       (1) The Dayton Peace Accords and the cease-fire agreement 
     that concluded Operation Allied Force in Kosovo halted 
     Serbian aggression toward its neighbors and its own people.

[[Page 13392]]

       (2) Efforts to restore the economy and political structure 
     in Bosnia and Herzegovina have achieved limited success in 
     accordance with the Dayton Agreement.
       (3) Similar efforts in Kosovo continue with very limited 
     success one year after the conclusion of Operation Allied 
     Force in June 1999.
       (4) The Dayton Agreement explicitly left certain issues 
     unresolved, including but not limited to the status of the 
     city of Breko and other matters.
       (5) Progress toward democratization and economic prosperity 
     in both Bosnia and Kosovo is often hampered by continuing 
     disputes among local authorities and between local 
     authorities and the international community.
       (6) Other issues which are fundamental to the future 
     stability of the Balkan region remain unresolved, including 
     but not limited to the future status of Kosovo, the desire of 
     other Serb provinces for greater autonomy, and the status of 
     displaced persons who cannot return to prewar homes.
       (7) The current position of the United States and its NATO 
     allies as to the final status of Kosovo and Yugoslavia calls 
     for an autonomous, multiethnic, democratic Kosovo which would 
     remain as part of Serbia, and such an outcome is not 
     supported by any of the parties directly involved, including 
     the Governments of Yugoslavia and Serbia, representatives of 
     the Kosovar Albanians, and the people of Yugoslavia, Serbia, 
     and Kosovo.
       (8) There has been no final political settlement in Bosnia-
     Herzegovina, where the Armed Forces of the United States, its 
     NATO allies, and other non-Balkan nations have been enforcing 
     an uneasy peace since 1996, at a cost to the United States 
     alone of more than $10,000,000,000 with no clear end in sight 
     to such enforcement.
       (9) An effective exit strategy for the withdrawal from the 
     Balkans of foreign military forces is contingent upon the 
     achievement of a lasting political settlement for the region, 
     and only such a settlement, acceptable to all parties 
     involved, can ensure the fundamental goals of the United 
     States of peace, stability, and human rights in the Balkans.
       (c) Sense of Congress Regarding the Need for a Balkans 
     Stabilization Conference.--It is the sense of Congress that--
       (1) the United States should take the lead in convening a 
     Balkans Stabilization Conference to evaluate progress on 
     implementation of the Dayton Peace Accords regarding Bosnia 
     and the cease-fire agreement with Serbia that ended Operation 
     Allied Force;
       (2) a Balkans Stabilization Conference would serve a 
     critical purpose of reviewing progress to date and 
     considering such modifications to those agreements as may be 
     appropriate to foster stability, self-sustained peace, 
     improved self-determination by the inhabitants of the region, 
     and the eventual reduction in the levels of outside 
     peacekeepers;
       (3) the potential for a successful review conference would 
     be maximized if it included the parties to the Dayton and 
     Operation Allied Force peace agreements, including 
     representatives of NATO, the Balkans ``Contact Group'', and 
     other affected regional parties; and
       (4) in order to produce a lasting political settlement in 
     the Balkans acceptable to all parties, which can lead to the 
     departure from the Balkans in a timely fashion of all foreign 
     military forces, including those of the United States, the 
     international conference should have the authority to 
     consider any and all of the following:
       (A) Political boundaries.
       (B) Humanitarian and reconstruction assistance for all 
     nations in the Balkans.
       (C) The stationing of United Nations peacekeeping forces 
     along international boundaries.
       (D) Security arrangements and guarantees for all of the 
     nations of the Balkans.
       (E) Tangible, enforceable, and verifiable human rights 
     guarantees for the individuals and peoples of the Balkans.
       (d) Authorization of Funds for a Balkans Stabilization 
     Conference.--Of the amounts authorized to be appropriated by 
     this Act for operations in the Balkans, there are authorized 
     to be available such sums as may be necessary not to exceed 
     $1,000,000 for the planning and execution of the conference 
     described in subsection (c).
                                 ______
                                 

                       McCAIN AMENDMENT NO. 3737

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

       On page 32, after line 24, add the following:

     SEC. 142. REPEAL OF PROHIBITION ON USE OF DEPARTMENT OF 
                   DEFENSE FUNDS FOR PROCUREMENT OF NUCLEAR-
                   CAPABLE SHIPYARD CRANE FROM A FOREIGN SOURCE.

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

                  WARNER (AND BYRD) AMENDMENT NO. 3738

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

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

     SEC. 3138. NATIONAL COMMISSION ON NUCLEAR SECURITY.

       (a) Establishment.--There is hereby established a 
     commission to be known as the ``National Commission on 
     Nuclear Security'' (in this section referred to as the 
     ``Commission'').
       (b) Organizational Matters.--(1)(A) Subject to subparagraph 
     (B), the Commission shall be composed of 14 members appointed 
     from among individuals in the public and private sectors who 
     have recognized experience in matters related to nuclear 
     weapons and materials, safeguards and security, 
     counterintelligence, and organizational management, as 
     follows:
       (i) Three shall be appointed by the Majority Leader of the 
     Senate.
       (ii) Two shall be appointed by the Minority Leader of the 
     Senate.
       (iii) Three shall be appointed by the Speaker of the House 
     of Representatives.
       (iv) Two shall be appointed by the Minority Leader of the 
     House of Representatives.
       (v) One shall be appointed by the Chairman of the Committee 
     on Armed Services of the Senate.
       (vi) One shall be appointed by the ranking member of the 
     Committee on Armed Services of the Senate.
       (vii) One shall be appointed by the Chairman of the 
     Committee on Armed Services of the House of Representatives.
       (viii) One shall be appointed by the ranking member of the 
     Committee on Armed Services of the House of Representatives.
       (B) The members of the Commission may not include a sitting 
     Member of Congress.
       (C) Members of the Commission shall be appointed not later 
     than 60 days after the date of the enactment of this Act.
       (2) Any vacancies in the Commission shall be filled in the 
     same manner as the original appointment, and shall not affect 
     the powers of the Commission.
       (3)(A) Subject to subparagraph (B), the chairman of the 
     Commission shall be designated by the Majority Leader of the 
     Senate, in consultation with the Speaker of the House of 
     Representatives, from among the members of the Commission 
     appointed under paragraph (1)(A).
       (B) The chairman of the Commission may not be designated 
     under subparagraph (A) until seven members of the Commission 
     have been appointed under paragraph (1).
       (4) The Commission may commence its activities under this 
     section upon the designation of the chairman of the 
     Commission under paragraph (3).
       (5) The members of the Commission shall establish 
     procedures for the activities of the Commission, including 
     procedures for calling meetings, requirements for quorums, 
     and the manner of taking votes.
       (c) Duties.--The Commission shall review the efficacy of 
     the organization of the National Nuclear Security 
     Administration, and the appropriate organization and 
     management of the nuclear weapons programs of the United 
     States, including--
       (1) whether the national security functions of the 
     Department of Energy, including the National Nuclear Security 
     Administration, should--
       (A) be transferred to the Department of Defense;
       (B) be established as a semiautonomous agency within the 
     Department of Defense;
       (C) be established as an independent agency; or
       (D) remain as a semiautonomous agency within the Department 
     of Energy (as provided for under the provisions of the 
     National Nuclear Security Administration Act (title XXXII of 
     Public Law 106-65));
       (2) whether the requirements and objectives of the National 
     Nuclear Security Administration Act are being fully 
     implemented by the Secretary of Energy and Administrator of 
     the National Nuclear Security Administration;
       (3) the feasibility and advisability of various means of 
     improving the security and counterintelligence posture of the 
     programs of the National Nuclear Security Administration; and
       (4) the feasibility and advisability of various 
     modifications of existing management and operating contracts 
     for the laboratories under the jurisdiction of the National 
     Nuclear Security Administration.
       (d) Report.--(1) Not later than May 1, 2001, the Commission 
     shall submit to the Secretary of Defense and the Secretary of 
     Energy, and to Congress, a report containing the findings and 
     recommendations of the Commission as a result of the review 
     under subsection (c).
       (2) The report shall include any pertinent comments by an 
     individual serving as Secretary of Energy during the duration 
     of the review that such individual considers appropriate for 
     the report,
       (3) The report may include recommendations for legislation 
     and administrative action.

[[Page 13393]]

       (e) Personnel Matters.--(1)(A) Each member of the 
     Commission who is not an officer or employee of the Federal 
     Government shall be compensated at a rate equal to the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level IV of the Executive Schedule under section 5316 of 
     title 5, United States Code, for each day (including 
     traveltime) during which such member is engaged in the 
     performance of the duties of the Commission.
       (B) All members of the Commission who are officers or 
     employees of the United States shall serve without 
     compensation in addition to that received for their services 
     as officers or employees of the United States.
       (2) The members of the Commission shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Commission.
       (3) Any officer or employee of the United States may be 
     detailed to the Commission without reimbursement, and such 
     detail shall be without interruption or loss of civil service 
     status or privilege.
       (f) Inapplicability of FACA.--The provisions of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     activities of the Commission.
       (g) Termination.--The Commission shall terminate not later 
     than 90 days after the date on which the Commission submits 
     its report under subsection (d).
       (h) Funding.--Of the amounts authorized to be appropriated 
     by sections 3101 and 3103, not more than $975,000 shall be 
     available for the activities of the Commission under this 
     section. Amounts available to the Commission under this 
     section shall remain available until expended.
                                 ______
                                 

                 WARNER (AND OTHERS) AMENDMENT NO. 3739

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

       On page 595, strike line 23 and all that follows through 
     page 597, line 3, and insert the following:
       ``(2) Subject to paragraph (3), the Secretary may waive the 
     applicability of paragraph (1) to a covered person--
       ``(A) if--
       ``(i) the Secretary determines that the waiver is important 
     to the national security interests of the United States;
       ``(ii) the covered person has a current security clearance; 
     and
       ``(iii) the covered person acknowledges in a signed writing 
     that the capacity of the covered person to perform duties 
     under a high-risk program after the expiration of the waiver 
     is conditional upon meeting the requirements of paragraph (1) 
     within the effective period of the waiver;
       ``(B) if another Federal agency certifies to the Secretary 
     that the covered person has completed successfully a full-
     scope or counterintelligence-scope polygraph examination 
     during the 5-year period ending on the date of the 
     certification; or
       ``(C) if the Secretary determines, after consultation with 
     the covered person and appropriate medical personnel and 
     security personnel, that the treatment of a medical or 
     psychological condition of the covered person should preclude 
     the administration of the examination.
       ``(3)(A) The Secretary may not commence the exercise of the 
     authority under paragraph (2) to waive the applicability of 
     paragraph (1) to any covered persons until 15 days after the 
     date on which the Secretary submits to the appropriate 
     committees of Congress a report setting forth the criteria to 
     be utilized by the Secretary for determining when a waiver 
     under paragraph (2)(A) is important to the national security 
     interests of the United States. The criteria shall include an 
     assessment of counterintelligence risks and programmatic 
     impacts.
       ``(B) Any waiver under paragraph (2)(A) shall be effective 
     for not more than 120 days.
       ``(C) Any waiver under paragraph (2)(C) shall be effective 
     for the duration of the treatment on which such waiver is 
     based.
       ``(4) The Secretary shall submit to the appropriate 
     committees of Congress on a semi-annual basis a report on any 
     determinations made under paragraph (2)(A) during the 6-month 
     period ending on the date of such report. The report shall 
     include a national security justification for each waiver 
     resulting from such determinations.
       ``(5) In this subsection, the term `appropriate committees 
     of Congress' means the following:
       ``(A) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       ``(B) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(6) It is the sense of Congress that the waiver authority 
     in paragraph (2) not be used by the Secretary to exempt from 
     the applicability of paragraph (1) any covered persons in the 
     highest risk categories, such as persons who have access to 
     the most sensitive weapons design information and other 
     highly sensitive programs, including special access programs.
       ``(7) The authority under paragraph (2) to waive the 
     applicability of paragraph (1) to a covered person shall 
     expire on September 30, 2002.''.
                                 ______
                                 

                INHOFE (AND NICKLES) AMENDMENT NO. 3740

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

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

     SEC. 313. INDUSTRIAL MOBILIZATION CAPACITY AT GOVERNMENT-
                   OWNED, GOVERNMENT-OPERATED ARMY AMMUNITION 
                   FACILITIES AND ARSENALS.

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

                 DORGAN (AND CONRAD) AMENDMENT NO. 3741

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

       At the appropriate place, insert:

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

       (a) Findings.--Congress finds that--
       (1) Certain U.S. Air Force Air National Guard fighter units 
     are flying some of the world's oldest and least capable F-16A 
     aircraft which are approaching the end of their service 
     lives.
       (2) The aircraft are generally incompatible with those 
     flown by the active force and therefore cannot be effectively 
     deployed to theaters of operation to support contingencies 
     and to relieve the high operations tempo of active duty 
     units.
       (3) The Air Force has specified no plans to replace these 
     obsolescent aircraft before the year 2007 at the earliest.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that in light of these findings--
       (1) The Air Force should, by February 1, 2001, provide 
     Congress with a plan to modernize and upgrade the combat 
     capabilities of those Air National Guard units that are now 
     flying F-16As so they can deploy as part of Air Expeditionary 
     Forces and assist in relieving the high operations tempo of 
     active duty units.
                                 ______
                                 

                       WARNER AMENDMENT NO. 3742

  Mr. WARNER proposed an amendment to amendment No. 3420 proposed by 
him (for Mr. Inhofe) to the bill, S. 2459, supra; as follows:

       Strike the matter proposed to be inserted and insert the 
     following:

     SEC. 1061. DEPARTMENT OF DEFENSE PROCESS FOR DECISIONMAKING 
                   IN CASES OF FALSE CLAIMS.

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

                       WARNER AMENDMENT NO. 3743

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

       On page 380, strike line 4 and all that follows through 
     page 385, line 8, and insert the following:

     SEC. 1042. INFORMATION SECURITY SCHOLARSHIP PROGRAM.

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

        ``CHAPTER 112--INFORMATION SECURITY SCHOLARSHIP PROGRAM

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

     ``Sec. 2200. Programs; purpose

       ``(a) In General.--To encourage the recruitment and 
     retention of Department of Defense personnel who have the 
     computer and network security skills necessary to meet 
     Department of Defense information assurance requirements, the 
     Secretary of Defense may carry out programs in accordance

[[Page 13394]]

     with this chapter to provide financial support for education 
     in disciplines relevant to those requirements at institutions 
     of higher education.
       ``(b) Types of Programs.--The programs authorized under 
     this chapter are as follows:
       ``(1) Scholarships for pursuit of programs of education in 
     information assurance at institutions of higher education.
       ``(2) Grants to institutions of higher education.

     ``Sec. 2200a. Scholarship program

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

     ``Sec. 2200b. Grant program

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

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

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

     ``Sec. 2200d. Regulations

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

     ``Sec. 2200e. Definitions

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

     ``Sec. 2200f. Inapplicability to Coast Guard

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

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

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

                       ROBERTS AMENDMENT NO. 3744

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

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

     SEC. 3178. ADJUSTMENT OF THRESHOLD REQUIREMENT FOR SUBMISSION 
                   OF REPORTS ON ADVANCED COMPUTER SALES TO TIER 
                   III FOREIGN COUNTRIES.

       Section 3157 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2045) is 
     amended by adding at the end the following:
       ``(e) Adjustment of Performance Levels.--Whenever a new 
     composite theoretical performance level is established under 
     section 1211(d), that level shall apply for purposes of 
     subsection (a) of this section in lieu of the level set forth 
     in subsection (a).''.
                                 ______
                                 

                 LEVIN (AND OTHERS) AMENDMENT NO. 3745

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

       On page 18, line 4, strike ``$2,184,608,000'' and insert 
     ``$2,203,508,000''.

[[Page 13395]]

       On page 16, line 22, strike ``$4,068,570,000'' and insert 
     ``$4,049,670,000''.
                                 ______
                                 

                 WARNER (AND OTHERS) AMENDMENT NO. 3746

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

       On page 33, line 10, strike ``$5,461,946,000'' and insert 
     ``$5,501,946,000''.
       On page 33, line 12, strike ``$13,927,836,000'' and insert 
     ``$13,887,836,000''.
       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. FUNDING FOR COMPARISONS OF MEDIUM ARMORED COMBAT 
                   VEHICLES.

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

                       WARNER AMENDMENT NO. 3747

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

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

     SEC. 1061. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN 
                   COMMERCIAL ACTIVITIES AS SECURITY FOR 
                   INTELLIGENCE COLLECTION ACTIVITIES.

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

                DOMENICI (AND OTHERS) AMENDMENT NO. 3748

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

       On page 546, after line 13, add the following:

     SEC. 2882. SENSE OF CONGRESS REGARDING LAND TRANSFERS AT 
                   MELROSE RANGE, NEW MEXICO, AND YAKIMA TRAINING 
                   CENTER, WASHINGTON.

       (a) Findings.--Congress makes the following findings:
       (1) The Secretary of the Air Force seeks the transfer of 
     6,713 acres of public domain land within the Melrose Range, 
     New Mexico, from the Department of the Interior to the 
     Department of the Air Force for the continued use of these 
     lands as a military range.
       (2) The Secretary of the Army seeks the transfer of 6,640 
     acres of public domain land within the Yakima Training 
     Center, Washington, from the Department of the Interior to 
     the Department of the Army for military training purposes.
       (3) The transfers provide the Department of the Air Force 
     and the Department of the Army with complete land management 
     control of these public domain lands to allow for effective 
     land management, minimize safety concerns, and ensure 
     meaningful training.
       (4) The Department of the Interior concurs with the land 
     transfers at Melrose Range and Yakima Training Center.
       (b) Sense of Congress.--It is the sense of Congress that 
     the land transfers at Melrose Range, New Mexico, and Yakima 
     Training Center, Washington, will support military training, 
     safety, and land management concerns on the lands subject to 
     transfer.
                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 3749

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

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

     SEC. 3138. CONSTRUCTION OF NATIONAL NUCLEAR SECURITY 
                   ADMINISTRATION OPERATIONS OFFICE COMPLEX.

       (a) Authority for Design and Construction.--Subject to 
     subsection (b), the Administrator of the National Nuclear 
     Security Administration may provide for the design and 
     construction of a new operations office complex for the 
     National Nuclear Security Administration in accordance with 
     the feasibility study regarding such operations office 
     complex conducted under the National Defense Authorization 
     Act for Fiscal Year 2000.
       (b) Limitation.--The Administrator may not exercise the 
     authority in subsection (a) until the later of--
       (1) 30 days after the date on which the plan required by 
     section 3135(a) is submitted to the Committees on Armed 
     Services of the Senate and House of Representatives under 
     that section; or
       (2) the date on which the Administrator certifies to 
     Congress that the design and construction of the complex in 
     accordance with the feasibility study is consistent with the 
     plan required by section 3135(i).
       (c) Basis of Authority.--The design and construction of the 
     operations office complex authorized by subsection (a) shall 
     be carried out through one or more energy savings performance 
     contracts (ESPC) entered into under this section and in 
     accordance with the provisions of title VIII of the National 
     Energy Policy Conservation Act (42 U.S.C. 8287 et seq.).
       (d) Payment of Costs.--Amounts for payments of costs 
     associated with the construction of the operations office 
     complex authorized by subsection (a) shall be derived from 
     energy savings and ancillary operation and maintenance 
     savings that result from the replacement of a current 
     Department of Energy operations office complex (as identified 
     in the feasibility study referred to in subsection (a)) with 
     the operations office complex authorized by subsection (a).
                                 ______
                                 

                        CRAPO AMENDMENT NO. 3750

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

       On page 603, between lines 18 and 19, insert the following:

     SEC.   . CONCEPTUAL DESIGN FOR SUBSURFACE GEOSCIENCES 
                   LABORATORY AT IDAHO NATIONAL ENGINEERING AND 
                   ENVIRONMENTAL LABORATORY, IDAHO FALLS, IDAHO.

       (a) Authorization.--Of the amounts authorized to be 
     appropriated by paragraphs (2) and (3) of section 3102(a), 
     not more than $400,000 shall be available to the Secretary of 
     Energy for purposes of carrying out a conceptual design for a 
     Subsurface Geosciences Laboratory, Idaho Falls, Idaho.
       (b) Limitation.--None of the funds authorized to be 
     appropriated by section (a) may be obligated until 60 days 
     after the Secretary submits the report required by section 
     (c).
       (c) Report.--The Secretary of Energy shall submit to the 
     congressional defense committees a report on the proposed 
     Subsurface Geosciences Laboratory, including the following:
       (1) The need to conduct mesoscale experiments to meet long-
     term clean-up requirements at Department of Energy sites.
       (2) The possibility of utilizing or modifying an existing 
     structure or facility to house a new mesoscale experimental 
     capability.
       (3) The estimated construction cost of the facility.
       (4) The estimated annual operating cost of the facility.
       (5) How the facility will utilize, integrate, and support 
     the technical expertise, capabilities, and requirements at 
     other Department of Energy and non-Department of Energy 
     facilities.
       (6) An analysis of costs, savings, and benefits which are 
     unique to the Idaho National Engineering and Environmental 
     Laboratory.
                                 ______
                                 

                       BENNETT AMENDMENT NO. 3751

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

       On page 611, after line 21, add the following:

     SEC. 3202. LAND TRANSFER AND RESTORATION.

       (a) Short Title.--This section may be cited as the ``Ute-
     Moab Land Restoration Act''.
       (b) Transfer of Oil Shale Reserve.--Section 3405 of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 (10 U.S.C. 7420 note; Public Law 105-261) is 
     amended to read as follows:

     ``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2.

       ``(a) Definitions.--In this section:
       ``(1) Map.--The term ``map'' means the map depicting the 
     boundaries of NOSR-2, to be kept on file and available for 
     public inspection in the offices of the Department of the 
     Interior.
       ``(2) Moab site.--The term `Moab site' means the Moab 
     uranium milling site located approximately 3 miles northwest 
     of Moab, Utah, and identified in the Final Environmental 
     Impact Statement issued by the Nuclear Regulatory Commission 
     in March 1996, in conjunction with Source Material License 
     No. SUA 917.
       ``(3) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve 
     Numbered 2, as identified on a map on file in the Office of 
     the Secretary of the Interior.
       ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe 
     of the Uintah and Ouray Indian Reservation.
       ``(b) Conveyance.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     United States conveys to the Tribe, subject to valid existing 
     rights in effect on the day before the date of enactment of 
     this section, all Federal land within the exterior boundaries 
     of NOSR-2 in fee simple (including surface and mineral 
     rights).
       ``(2) Reservations.--The conveyance under paragraph (1) 
     shall not include the following reservations of the United 
     States:
       ``(A) A 9 percent royalty interest in the value of any oil, 
     gas, other hydrocarbons, and all other minerals from the 
     conveyed land that are produced, saved, and sold, the 
     payments for which shall be made by the Tribe or its designee 
     to the Secretary of Energy during the period that the oil, 
     gas, hydrocarbons, or minerals are being produced, saved, 
     sold, or extracted.
       ``(B) The portion of the bed of Green River contained 
     entirely within NOSR-2, as depicted on the map.

[[Page 13396]]

       ``(C) The land (including surface and mineral rights) to 
     the west of the Green River within NOSR-2, as depicted on the 
     map.
       ``(D) A \1/4\ mile scenic easement on the east side of the 
     Green River within NOSR-2.
       ``(3) Conditions.--
       ``(A) Management authority.--On completion of the 
     conveyance under paragraph (1), the United States 
     relinquishes all management authority over the conveyed land 
     (including tribal activities conducted on the land).
       ``(B) No reversion.--The land conveyed to the Tribe under 
     this subsection shall not revert to the United States for 
     management in trust status.
       ``(C) Use of easement.--The reservation of the easement 
     under paragraph (2)(D) shall not affect the right of the 
     Tribe to obtain, use, and maintain access to, the Green River 
     through the use of the road within the easement, as depicted 
     on the map.
       ``(c) Withdrawals.--Each withdrawal that applies to NOSR-2 
     and that is in effect on the date of enactment of this 
     section is revoked to the extent that the withdrawal applies 
     to NOSR-2.
       ``(d) Administration of Reserved Land and Interests in 
     Land.--
       ``(1) In general.--The Secretary of the Interior shall 
     administer the land and interests in land reserved from 
     conveyance under subparagraphs (B) and (C) of subsection 
     (b)(2) in accordance with the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.).
       ``(2) Management plan.--Not later than 3 years after the 
     date of enactment of this section, the Secretary shall submit 
     to Congress a land use plan for the management of the land 
     and interests in land referred to in paragraph (1).
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     are necessary to carry out this subsection.
       ``(e) Royalty.--
       ``(1) Payment of royalty.--
       ``(A) In general.--The royalty interest reserved from 
     conveyance in subsection (b)(2)(A) that is required to be 
     paid by the Tribe shall not include any development, 
     production, marketing, and operating expenses.
       ``(B) Federal tax responsibility.--The United States shall 
     bear responsibility for and pay--
       ``(i) gross production taxes;
       ``(ii) pipeline taxes; and
       ``(iii) allocation taxes assessed against the gross 
     production.
       ``(2) Report.--The Tribe shall submit to the Secretary of 
     Energy and to Congress an annual report on resource 
     development and other activities of the Tribe concerning the 
     conveyance under subsection (b).
       ``(3) Financial audit.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this section, and every 5 years thereafter, the 
     Tribe shall obtain an audit of all resource development 
     activities of the Tribe concerning the conveyance under 
     subsection (b), as provided under chapter 75 of title 31, 
     United States Code.
       ``(B) Inclusion of results.--The results of each audit 
     under this paragraph shall be included in the next annual 
     report submitted after the date of completion of the audit.
       ``(f) River Management.--
       ``(1) In general.--The Tribe shall manage, under Tribal 
     jurisdiction and in accordance with ordinances adopted by the 
     Tribe, land of the Tribe that is adjacent to, and within \1/
     4\ mile of, the Green River in a manner that--
       ``(A) maintains the protected status of the land; and
       ``(B) is consistent with the government-to-government 
     agreement and in the memorandum of understanding dated 
     February 11, 2000, as agreed to by the Tribe and the 
     Secretary.
       ``(2) No management restrictions.--An ordinance referred to 
     in paragraph (1) shall not impair, limit, or otherwise 
     restrict the management and use of any land that is not 
     owned, controlled, or subject to the jurisdiction of the 
     Tribe.
       ``(3) Repeal or amendment.--An ordinance adopted by the 
     Tribe and referenced in the government-to-government 
     agreement may not be repealed or amended without the written 
     approval of--
       ``(A) the Tribe; and
       ``(B) the Secretary.
       ``(g) Plant Species.--
       ``(1) In general.--In accordance with a government-to-
     government agreement between the Tribe and the Secretary, in 
     a manner consistent with levels of legal protection in effect 
     on the date of enactment of this section, the Tribe shall 
     protect, under ordinances adopted by the Tribe, any plant 
     species that is--
       ``(A) listed as an endangered species or threatened species 
     under section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533); and
       ``(B) located or found on the NOSR-2 land conveyed to the 
     Tribe.
       ``(2) Tribal jurisdiction.--The protection described in 
     paragraph (1) shall be performed solely under tribal 
     jurisdiction
       ``(h) Horses.--
       ``(1) In general.--The Tribe shall manage, protect, and 
     assert control over any horse not owned by the Tribe or 
     tribal members that is located or found on the NOSR-2 land 
     conveyed to the Tribe in a manner that is consistent with 
     Federal law governing the management, protection, and control 
     of horses in effect on the date of enactment of this section.
       ``(2) Tribal jurisdiction.--The management, control, and 
     protection of horses described in paragraph (1) shall be 
     performed solely--
       ``(A) under tribal jurisdiction; and
       ``(B) in accordance with a government-to-government 
     agreement between the Tribe and the Secretary.
       ``(i) Remedial Action at Moab Site.--
       ``(1) Interim remedial action.--
       ``(A) Plan.--Not later than 1 year after the date of 
     enactment of this section, the Secretary of Energy shall 
     prepare a plan for remedial action, including ground water 
     restoration, at the uranium milling site near Moab, Utah, 
     under section 102(a) of the Uranium Mill Tailings Radiation 
     Control Act of 1978 (42 U.S.C. 7912(a)).
       ``(B) Commencement of remedial action.--The Secretary of 
     Energy shall commence remedial action as soon as practicable 
     after the preparation of the plan.
       ``(C) Termination of license.--The license for the 
     materials at the site issued by the Nuclear Regulatory 
     Commission shall terminate 1 year from the date of enactment 
     of this section, unless the Secretary of Energy determines 
     that the license may be terminated earlier.
       ``(D) Activities of the trustee of the moab reclamation 
     trust.-- Until the license referred to in subparagraph (C) 
     terminates, the Trustee of the Moab Reclamation Trust 
     (referred to in this paragraph as the `Trustee'), subject to 
     the availability of funds appropriated specifically for a 
     purpose described in clauses (i) through (iii) or made 
     available by the Trustee from the Moab Reclamation Trust, may 
     carry out--
       ``(i) interim measures to reduce or eliminate localized 
     high ammonia concentrations identified by the United States 
     Geological Survey in a report dated March 27, 2000, in the 
     Colorado River;
       ``(ii) activities to dewater the mill tailings; and
       ``(iii) other activities, subject to the authority of the 
     Secretary of Energy and the Nuclear Regulatory Commission.
       ``(E) Title; caretaking.--Until the date on which the Moab 
     site is sold under paragraph (4), the Trustee--
       ``(i) shall maintain title to the site; and
       ``(ii) shall act as a caretaker of the property and in that 
     capacity exercise measures of physical safety consistent with 
     past practice, until the Secretary of Energy relieves the 
     Trustee of that responsibility.
       ``(2) Limit on expenditures.--The Secretary shall limit the 
     amounts expended in carrying out the remedial action under 
     paragraph (1) to--
       ``(A) amounts specifically appropriated for the remedial 
     action in an Act of appropriation; and
       ``(B) other amounts made available for the remedial action 
     under this subsection.
       ``(3) Retention of royalties.--
       ``(A) In general.--The Secretary of Energy shall retain the 
     amounts received as royalties under subsection (e)(1).
       ``(B) Availability.--Amounts referred to in subparagraph 
     (A) shall be available, without further Act of appropriation, 
     to carry out the remedial action under paragraph (1).
       ``(C) Excess amounts.--On completion of the remedial action 
     under paragraph (1), all remaining royalty amounts shall be 
     deposited in the General Fund of the Treasury.
       ``(D) Exclusion of national security activities funding.--
     The Secretary shall not use any funds made available to the 
     Department of Energy for national security activities to 
     carry out the remedial action under paragraph (1).
       ``(E) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary of Energy to 
     carry out the remedial action under paragraph (1) such sums 
     as are necessary.
       ``(4) Sale of moab site.--
       ``(A) In general.--If the Moab site is sold after the date 
     on which the Secretary of Energy completes the remedial 
     action under paragraph (1), the seller shall pay to the 
     Secretary of Energy, for deposit in the miscellaneous 
     receipts account of the Treasury, the portion of the sale 
     price that the Secretary determines resulted from the 
     enhancement of the value of the Moab site that is 
     attributable to the completion of the remedial action, as 
     determined in accordance with subparagraph (B).
       ``(B) Determination of enhanced value.--The enhanced value 
     of the Moab site referred to in subparagraph (A) shall be 
     equal to the difference between--
       ``(i) the fair market value of the Moab site on the date of 
     enactment of this section, based on information available on 
     that date; and
       ``(ii) the fair market value of the Moab site, as appraised 
     on completion of the remedial action.''.
       (c) Uranium Mill Tailings.--Section 102(a) of the Uranium 
     Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 
     7912(a)) is amended by inserting after paragraph (3) the 
     following:

[[Page 13397]]

       ``(4) Designation as processing site.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Moab uranium milling site (referred to in this 
     paragraph as the `Moab Site') located approximately 3 miles 
     northwest of Moab, Utah, and identified in the Final 
     Environmental Impact Statement issued by the Nuclear 
     Regulatory Commission in March 1996, in conjunction with 
     Source Material License No. SUA 917, is designated as a 
     processing site.
       ``(B) Applicability.--This title applies to the Moab Site 
     in the same manner and to the same extent as to other 
     processing sites designated under this subsection, except 
     that--
       ``(i) sections 103, 107(a), 112(a), and 115(a) of this 
     title shall not apply;
       ``(ii) a reference in this title to the date of the 
     enactment of this Act shall be treated as a reference to the 
     date of enactment of this paragraph; and
       ``(iii) the Secretary, subject to the availability of 
     appropriations and without regard to section 104(b), shall 
     conduct remediation at the Moab site in a safe and 
     environmentally sound manner, including--

       ``(I) ground water restoration; and
       ``(II) the removal, to at a site in the State of Utah, for 
     permanent disposition and any necessary stabilization, of 
     residual radioactive material and other contaminated material 
     from the Moab Site and the floodplain of the Colorado 
     River.''.

       (d) Conforming Amendment.--Section 3406 of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended by 
     inserting after subsection (e) the following:
       ``(f) Oil Shale Reserve Numbered 2.--This section does not 
     apply to the transfer of Oil Shale Reserve Numbered 2 under 
     section 3405.''.
                                 ______
                                 

                       WARNER AMENDMENT NO. 3752

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

       On page 17, line 17, strike ``$496,749,000'' and insert 
     ``$500,749,000''.
       On page 31, between lines 18 and 19, insert the following:

     SEC. 126. ANTI-PERSONNEL OBSTACLE BREACHING SYSTEM.

       Of the total amount authorized to be appropriated under 
     section 102(c), $4,000,000 is available only for the 
     procurement of the anti-personnel obstacle breaching system.
       On page 54, line 16, strike ``$11,973,569,000'' and insert 
     ``$11,969,569,000''.
                                 ______
                                 

                  DODD (AND OTHERS) AMENDMENT NO. 3753

  Mr. LEVIN (for Mr. Dodd, Mr. Burns, Mrs. Boxer, Mr. DeWine, Mr. 
Kerry, Ms. Snowe, Mr. Leahy, Ms. Mikulski, Mr. Biden, Mr. Bingaman, Mr. 
Sarbanes, Mr. Schumer, Mr. Reid, Mr. Lautenberg, Mr. Moynihan, and Mr. 
Kennedy) proposed an amendment to the bill, S. 2549, supra; as follows:

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

     SEC. 1061. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT.

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

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

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

                       WARNER AMENDMENT NO. 3754

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

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

     SEC. 313. CLOSE-IN WEAPON SYSTEM OVERHAULS.

       Of the total amount authorized to be appropriated by 
     section 301(2), $391,806,000 is available for weapons 
     maintenance.
       The total amount authorized to be appropriated by section 
     301(5) for Spectrum data base upgrades is reduced by $10 
     million.

[[Page 13398]]


                                 ______
                                 

                       GORTON AMENDMENT NO. 3755

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

       On page 556, line 24, strike ``$5,501,824,000'' and insert 
     ``$5,651,824,000''.
       On page 559, line 8, strike ``$3,028,457,000'' and insert 
     ``$3,178,457,000''.
       On page 559, line 11, strike ``$2,533,725,000'' and insert 
     ``$2,683,725,000''.
       On page 564, line 8, strike ``$540,092,000'' and insert 
     ``$390,092,000''.
       On page 564, line 13, strike ``$450,000,000'' and insert 
     ``$300,000,000''.
       On page 603, between lines 18 and 19, insert the following:

     SEC. 3156. TANK WASTE REMEDIATION SYSTEM, HANFORD 
                   RESERVATION, RICHLAND, WASHINGTON.

       (a) Funds Available.--Of the amount authorized to be 
     appropriated by section 3102, $150,000,000 shall be available 
     to carry out an accelerated cleanup and waste management 
     program at the Department of Energy Hanford Site in Richland, 
     Washington.
       (b) Report.--Not later than December 15, 2000, the 
     Secretary of Energy shall submit to Congress a report on the 
     Tank Waste Remediation System Project at the Hanford Site. 
     The report shall include the following:
       (1) A proposed plan for processing and stabilizing all 
     nuclear waste located in the Hanford Tank Farm.
       (2) A proposed schedule for carrying out the plan.
       (3) The total estimated cost of carrying out the plan.
       (4) A description of any alternative options to the 
     proposed plan and a description of the costs and benefits of 
     each such option.
                                 ______
                                 

                         KYL AMENDMENT NO. 3756

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

       On page 547, line 16, strike ``$6,214,835,000'' and insert 
     ``$6,289,835,000''.
       On page 547, line 19, strike $4,672,800,000'' and insert 
     ``$4,747,800,000''.
       On page 547, line 24, strike ``$3,887,383,000'' and insert 
     ``$3,822,383,000''.
       On page 548, line 3, strike ``$1,496,982,000'' and insert 
     ``$1,471,982,000''.
       On page 548, line 5, strike ``$1,547,798,000'' and insert 
     ``$1,507,798,000''.
       On page 549, line 2, strike ``$448,173,000'' and insert 
     ``$588,173,000''.
       On page 552, line 7, strike ``$74,100,000'' and insert 
     ``$214,100,000''.
       On page 560, line 23, strike ``$141,317,000'' and insert 
     ``$216,317,000''.
       On page 603, between lines 18 and 19, insert the following:

     SEC. 3156. REPORT ON NATIONAL IGNITION FACILITY, LAWRENCE 
                   LIVERMORE NATIONAL LABORATORY, LIVERMORE, 
                   CALIFORNIA.

       (a) New Baseline.--(1) Not more than 50 percent of the 
     funds available for the national ignition facility (Project 
     96-D-111) may be obligated or expended until the Secretary of 
     Energy submits to the Committees on Armed Services of the 
     Senate and House of Representatives a report setting forth a 
     new baseline plan for the completion of the national ignition 
     facility.
       (2) The report shall include a detailed, year-by-year 
     breakdown of the funding required for completion of the 
     facility, as well as projected dates for the completion of 
     program milestones, including the date on which the first 
     laser beams are expected to become operational.
       (b) Comptroller General Review of NIF Program.--(1) The 
     Comptroller General shall conduct a thorough review of the 
     national ignition facility program.
       (2) Not later than March 31, 2001, the Comptroller General 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives a report on the review 
     conducted under paragraph (1). The report shall include--
       (A) an analysis of--
       (i) the relationship of the national ignition facility 
     program to other key components of the Stockpile Stewardship 
     Program; and
       (ii) the potential impact of delays in the national 
     ignition facility program, and of a failure to complete key 
     program objectives of the program, on the other key 
     components of the Stockpile Stewardship Program, such as the 
     Advanced Strategic Computing Initiative Program;
       (B) a detailed description and analysis of the funds spent 
     as of the date of the report on the national ignition 
     facility program; and
       (C) an assessment whether Lawrence Livermore National 
     Laboratory has established a new baseline plan for the 
     national ignition facility program with clear goals and 
     achievable milestones for that program.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 3757

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

       At the appropriate place, insert the following:

     SEC.    . BREAST CANCER STAMP EXTENSION.

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

                        KERRY AMENDMENT NO. 3758

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

       On page 85, strike line 1 and all that follows through page 
     87, line 13.
                                 ______
                                 

                FEINGOLD (AND OTHERS) AMENDMENT NO. 3759

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

       On page 31, between lines 18 and 19, insert the following:

     SEC. 126. D5 SUBMARINE-LAUNCHED BALLISTIC MISSILE PROGRAM.

       (a) Reduction of Amount for Program.--Notwithstanding any 
     other provision of this Act, the total amount authorized to 
     be appropriated by this Act is reduced by $462,733,000.
       (b) Prohibition.--None of the remaining funds authorized to 
     be appropriated by this Act after the reduction made by 
     subsection (a) may be used for the procurement of D5 
     submarine-launched ballistic missiles or components for D5 
     missiles.
       (c) Termination of Program.--The Secretary of Defense shall 
     terminate production of D5 submarine ballistic missiles under 
     the D5 submarine-launched ballistic missile program after 
     fiscal year 2001.
       (d) Payment of Termination Costs.--Funds available on or 
     after the date of the enactment of this Act for obligation 
     for the D5 submarine-launched ballistic missile program may 
     be obligated for production under that program only for 
     payment of the costs associated with the termination of 
     production under this Act.
       (e) Inapplicability to Missiles in Production.--Subsections 
     (c) and (d) do not apply to missiles in production on the 
     date of the enactment of this Act.
                                 ______
                                 

                DOMENICI (AND OTHERS) AMENDMENT NO. 3760

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

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

             Subtitle F--Russian Nuclear Complex Conversion

     SEC. 3191. SHORT TITLE.

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

     SEC. 3192. FINDINGS.

       Congress makes the following findings:
       (1) The Russian nuclear weapons complex has begun closure 
     and complete reconfiguration of certain weapons complex 
     plants and productions lines. However, this work is at an 
     early stage. The major impediments to downsizing have been 
     economic and social conditions in Russia. Little information 
     about this complex is shared, and 10 of its most sensitive 
     cities remain closed. These cities house 750,000 people and 
     employ approximately 150,000 people in nuclear military 
     facilities. Although the Russian Federation Ministry of 
     Atomic Energy has announced the need to significantly 
     downsize its workforce, perhaps by as much as 50 percent, it 
     has been very slow in accomplishing this goal. Information on 
     the extent of any progress is very closely held.
       (2) The United States, on the other hand, has significantly 
     downsized its nuclear weapons complex in an open and 
     transparent manner. As a result, an enormous asymmetry now 
     exists between the United States and Russia in nuclear weapon 
     production capacities and in transparency of such capacities. 
     It is in the national security interest of the United States 
     to assist the Russian Federation in accomplishing significant 
     reductions in its nuclear military complex and in helping it 
     to protect its nuclear weapons, nuclear materials, and 
     nuclear secrets during such reductions. Such assistance will 
     accomplish critical nonproliferation objectives and provide 
     essential support towards future arms reduction agreements. 
     The Russian Federation's program to close and reconfigure 
     weapons complex plants and production lines will address, if 
     it is implemented in a significant and transparent manner, 
     concerns about the Russian Federation's ability to quickly 
     reconstitute its arsenal.
       (3) Several current programs address portions of the 
     downsizing and nuclear security concerns. The Nuclear Cities 
     Initiative was established to assist Russia in creating job 
     opportunities for employees who are not required to support 
     realistic Russian nuclear security requirements. Its focus 
     has been on creating commercial ventures that can provide 
     self-sustaining jobs in three of the closed cities. The 
     current scope and funding

[[Page 13399]]

     of the program are not commensurate with the scale of the 
     threats to the United States sought to be addressed by the 
     program.
       (4) To effectively address threats to United States 
     national security interests, progress with respect to the 
     nuclear cities must be expanded and accelerated. The Nuclear 
     Cities Initiative has laid the groundwork for an immediate 
     increase in investment which offers the potential for prompt 
     risk reduction in the cities of Sarov, Snezhinsk, and 
     Zheleznogorsk, which house four key Russian nuclear 
     facilities. Furthermore, the Nuclear Cities Initiative has 
     made considerable progress with the limited funding 
     available. However, to gain sufficient advocacy for 
     additional support, the program must demonstrate--
       (A) rapid progress in conversion and restructuring; and
       (B) an ability for the United States to track progress 
     against verifiable milestones that support a Russian nuclear 
     complex consistent with their future national security 
     requirements.
       (5) Reductions in the nuclear weapons-grade material stocks 
     in the United States and Russia enhance prospects for future 
     arms control agreements and reduce concerns that these 
     materials could lead to proliferation risks. Confidence in 
     both nations will be enhanced by knowledge of the extent of 
     each nation's stockpiles of weapons-grade materials. The 
     United States already makes this information public.
       (6) Many current programs contribute to the goals stated 
     herein. However, the lack of programmatic coordination within 
     and among United States Government agencies impedes the 
     capability of the United States to make rapid progress. A 
     formal single point of coordination is essential to ensure 
     that all United States programs directed at cooperative 
     threat reduction, nuclear materials reduction and protection, 
     and the downsizing, transparency, and nonproliferation of the 
     nuclear weapons complex effectively mitigate the risks 
     inherent in the Russian Federation's military complex.
       (7) Specialists in the United States and the former Soviet 
     Union trained in nonproliferation studies can significantly 
     assist in the downsizing process while minimizing the threat 
     presented by potential proliferation of weapons materials or 
     expertise.

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

       (a) In General.--The Secretary of Energy shall, in 
     accordance with the provisions of this section, take 
     appropriate actions to expand and enhance the activities 
     under the Nuclear Cities Initiative in order to--
       (1) assist the Russian Federation in the downsizing of the 
     Russian Nuclear Complex; and
       (2) coordinate the downsizing of the Russian Nuclear 
     Complex under the Initiative with other United States 
     nonproliferation programs.
       (b) Enhanced Use of MINATOM Technology and Research and 
     Development Services.--In carrying out actions under this 
     section, the Secretary shall facilitate the enhanced use of 
     the technology, and the research and development services, of 
     the Russia Ministry of Atomic Energy (MINATOM) by--
       (1) fostering the commercialization of peaceful, non-
     threatening advanced technologies of the Ministry through the 
     development of projects to commercialize research and 
     development services for industry and industrial entities; 
     and
       (2) authorizing the Department of Energy, and encouraging 
     other departments and agencies of the United States 
     Government, to utilize such research and development services 
     for activities appropriate to the mission of the Department, 
     and such departments and agencies, including activities 
     relating to--
       (A) nonproliferation (including the detection and 
     identification of weapons of mass destruction and 
     verification of treaty compliance);
       (B) global energy and environmental matters; and
       (C) basic scientific research of benefit to the United 
     States.
       (c) Acceleration of Nuclear Cities Initiative.--(1) In 
     carrying out actions under this section, the Secretary shall 
     accelerate the Nuclear Cities Initiative by implementing, as 
     soon as practicable after the date of the enactment of this 
     Act, programs at the nuclear cities referred to in paragraph 
     (2) in order to convert significant portions of the 
     activities carried out at such nuclear cities from military 
     activities to civilian activities.
       (2) The nuclear cities referred to in this paragraph are 
     the following:
       (A) Sarov (Arzamas-16).
       (B) Snezhinsk (Chelyabinsk-70).
       (C) Zheleznogorsk (Krasnoyarsk-26).
       (3) To advance nonproliferation and arms control 
     objectives, the Nuclear Cities Initiative is encouraged to 
     begin planning for accelerated conversion, commensurate with 
     available resources, in the remaining nuclear cities.
       (4) Before implementing a program under paragraph (1), the 
     Secretary shall establish appropriate, measurable milestones 
     for the activities to be carried out in fiscal year 2001.
       (d) Plan for Restructuring the Russian Nuclear Complex.--
     (1) The President, acting through the Secretary of Energy, is 
     urged to enter into negotiations with the Russian Federation 
     for purposes of the development by the Russian Federation of 
     a plan to restructure the Russian Nuclear Complex in order to 
     meet changes in the national security requirements of Russia 
     by 2010.
       (2) The plan under paragraph (1) should include the 
     following:
       (A) Mechanisms to achieve a nuclear weapons production 
     capacity in Russia that is consistent with the obligations of 
     Russia under current and future arms control agreements.
       (B) Mechanisms to increase transparency regarding the 
     restructuring of the nuclear weapons complex and weapons-
     surplus nuclear materials inventories in Russia to the levels 
     of transparency for such matters in the United States, 
     including the participation of Department of Energy officials 
     with expertise in transparency of such matters.
       (C) Measurable milestones that will permit the United 
     States and the Russian Federation to monitor progress under 
     the plan.
       (e) Encouragement of Careers in Nonproliferation.--(1) In 
     carrying out actions under this section, the Secretary shall 
     carry out a program to encourage students in the United 
     States and in the Russian Federation to pursue a career in an 
     area relating to nonproliferation.
       (2) Of the amounts under subsection (f), up to $2,000,000 
     shall be available for purposes of the program under 
     paragraph (1).
       (f) Funding for Fiscal Year 2001.--(1) There is hereby 
     authorized to be appropriated for the Department of Energy 
     for fiscal year 2001, $40,000,000 for purposes of the Nuclear 
     Cities Initiative, including activities under this section.
       (2) The amount authorized to be appropriated by section 
     101(5) for other procurement for the Army is hereby reduced 
     by $22,500,000, with the amount of the reduction to be 
     allocated to the Close Combat Tactical Trainer.
       (g) Sense of Congress Regarding Funding for Fiscal Years 
     After Fiscal Year 2001.--It is the sense of Congress that the 
     availability of funds for the Nuclear Cities Initiative in 
     fiscal years after fiscal year 2001 should be contingent 
     upon--
       (1) demonstrable progress in the programs carried out under 
     subsection (c), as determined utilizing the milestones 
     required under paragraph (4) of that subsection; and
       (2) the development and implementation of the plan required 
     by subsection (d).

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

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

     SEC. 3195. DEFINITIONS.

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

                  BRYAN (AND ROBB) AMENDMENT NO. 3761

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

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

     SEC. 646. CONCURRENT PAYMENT TO SURVIVING SPOUSES OF 
                   DISABILITY AND INDEMNITY COMPENSATION AND 
                   ANNUITIES UNDER SURVIVOR BENEFIT PLAN.

       (a) Concurrent Payment.--Section 1450 of title 10, United 
     States Code, is amended by striking subsection (c).
       (b) Conforming Amendments.--That section is further amended 
     by striking subsections (e) and (k).
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the

[[Page 13400]]

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

                       HARKIN AMENDMENT NO. 3762

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

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

     SEC. 1061. SECRECY POLICIES AND WORKER HEALTH.

       (a) Findings.--Congress makes the following findings:
       (1) Workers at some nuclear weapons production facilities 
     in the United States have been exposed to radioactive and 
     other hazardous substances that could harm their health.
       (2) Some workers at the nuclear weapons facility at the 
     Iowa Army Ammunition Plant from 1947-1975 also worked for a 
     United States Army plant at the same site and under the same 
     contractor.
       (3) The policy of the Department of Defense to neither 
     confirm nor deny the presence of nuclear weapons at any site 
     has prevented the Department from even acknowledging the 
     reason for some worker exposures to radioactive or other 
     hazardous substances, and secrecy oaths have discouraged some 
     workers from discussing possible exposures with their health 
     care providers and other appropriate officials.
       (4) The policy of the Department to neither confirm nor 
     deny has been applied to sites where nuclear weapons are 
     widely known to have been present, where the past presence of 
     nuclear weapons were last present more than 25 years ago.
       (5) The Department has, in the past, varied from its policy 
     by publicly acknowledging that the United States had nuclear 
     weapons in Alaska, Cuba, Guam, Hawaii, Johnston Islands, 
     Midway, Puerto Rico, the United Kingdom, and West Germany, 
     and has denied having weapons in Iceland.
       (6) It is critical to maintain national secrets regarding 
     nuclear weapons, but more openness on nuclear weapons 
     activities now consigned to history is needed to protect the 
     health of former workers and the public.
       (b) Review of Secrecy Policies.--The Secretary of Defense 
     is directed to change Department secrecy oaths and policies, 
     within appropriate national security constraints, to ensure 
     that such policies do not prevent or discourage current and 
     former workers at nuclear weapons facilities who may have 
     been exposed to radioactive and other hazardous substances 
     from discussing those exposures with their health care 
     providers and with other appropriate officials. The policies 
     amended should include the policy to neither confirm nor deny 
     the presence of nuclear weapons as it is applied to former 
     U.S. nuclear weapons facilities that no longer contain 
     nuclear weapons or materials.
       (c) Notification of Potential Victims.--The Secretary of 
     Defense is directed to notify people who are or were bound by 
     Department secrecy oaths or policies, and who may have been 
     exposed to radioactive or hazardous substances at nuclear 
     weapons facilities, of any likely health risks and of how 
     they can discuss the exposures with their health care 
     providers and other appropriate officials without violating 
     secrecy oaths or policies.
                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 3763

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

       On page 239, strike lines 3 through 8 and insert the 
     following:

     SEC. 655. PAYMENT OF GRATUITY TO CERTAIN VETERANS OF BATAAN 
                   AND CORREGIDOR.

       (a) Payment.--The Secretary of Veterans Affairs shall pay a 
     gratuity to each covered veteran, or to the surviving spouse 
     of such covered veteran, in the amount of $20,000.
                                 ______
                                 

                        CRAPO AMENDMENT NO. 3764

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

       On page 603, between lines 18 and 19, insert the following:

     SEC.  . CONCEPTUAL DESIGN FOR SUBSURFACE GEOSCIENCES 
                   LABORATORY AT IDAHO NATIONAL ENGINEERING AND 
                   ENVIRONMENTAL LABORATORY, IDAHO FALLS, IDAHO.

       (a) Authorization.--Of the amounts to be appropriated by 
     paragraphs (2) and (3) of section 3102(a), not more than 
     $400,000 shall be available to the Secretary of Energy for 
     purposes of carrying out a conceptual design for a Subsurface 
     Geosciences Laboratory at Idaho National Engineering and 
     Environmental Laboratory, Idaho Falls, Idaho.
       (b) Limitation.--None of the funds authorized to be 
     appropriated by section (a) may be obligated until 60 days 
     after the Secretary submits the report required by section 
     (c).
       (c) Report.--The Secretary of Energy shall submit to the 
     congressional defense committees a report on the proposed 
     Subsurface Geosciences Laboratory, including the following:
       (1) The need to conduct mesoscale experiments to meet long-
     term clean-up requirements at Department of Energy sites.
       (2) The possibility of utilizing or modifying an existing 
     structure or facility to house a new mesoscale experimental 
     capability.
       (3) The estimated construction cost of the facility.
       (4) The estimated annual operating cost of the facility.
       (5) How the facility will utilize, integrate, and support 
     the technical expertise, capabilities, and requirements at 
     other Department of Energy and non-Department of Energy 
     facilities.
       (6) An analysis of costs, savings, and benefits which are 
     unique to the Idaho National Engineering and Environmental 
     Laboratory.
                                 ______
                                 

               SMITH OF NEW HAMPSHIRE AMENDMENT NO. 3765

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

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

     SEC. 1061. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS 
                   OF MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES 
                   AND ENTITIES OF CONCERN.

       Section 1402(B) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798) is 
     amended by adding at the end the following:
       ``(4) The status of the implementation or other disposition 
     of recommendations included in reports of audits by 
     Inspectors General that have been set forth in previous 
     annual reports under this section.''.
                                 ______
                                 

                       HARKIN AMENDMENT NO. 3766

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

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

     SEC. 1061. SECRECY POLICIES AND WORKER HEALTH.

       (a) Findings.--Congress makes the following findings:
       (1) Workers at some nuclear weapons production facilities 
     in the United States have been exposed to radioactive and 
     other hazardous substances that could harm their health.
       (2) Some workers at the nuclear weapons facility at the 
     Iowa Army Ammunition Plant from 1947-1975 also worked for a 
     United States Army plant at the same site and under the same 
     contractor.
       (3) The policy of the Department of Defense to neither 
     confirm nor deny the presence of nuclear weapons at any site 
     has prevented the Department from even acknowledging the 
     reason for some worker exposures to radioactive or other 
     hazardous substances, and secrecy oaths have discouraged some 
     workers from discussing possible exposures with their health 
     care providers and other appropriate officials.
       (4) The policy of the Department to neither confirm nor 
     deny has been applied to sites where nuclear weapons are 
     widely known to have been present, where the past presence of 
     nuclear weapons has been publicly discussed by other federal 
     agencies, and where the nuclear weapons were last present 
     more than 25 years ago.
       (5) The Department has, in the past, varied from its policy 
     by publicly acknowledging that the United States had nuclear 
     weapons in Alaska, Cuba, Guam, Hawaii, Johnston Islands, 
     Midway, Puerto Rico, the United Kingdom, and West Germany, 
     and has denied having weapons in Iceland.
       (6) It is critical to maintain national secrets regarding 
     nuclear weapons, but more openness on nuclear weapons 
     activities now consigned to history is needed to protect the 
     health of former workers and the public.
       (b) Review of Secrecy Policies.--The Secretary of Defense 
     is directed to change Department secrecy oaths and policies, 
     within appropriate national security constraints, to ensure 
     that such policies do not prevent or discourage current and 
     former workers at nuclear weapons facilities who may have 
     been exposed to radioactive and other hazardous substances 
     from discussing those exposures with their health care 
     providers and

[[Page 13401]]

     with other appropriate officials. The policies amended should 
     include the policy to neither confirm nor deny the presence 
     of nuclear weapons as it is applied to former U.S. nuclear 
     weapons facilities that no longer contain nuclear weapons or 
     materials.
       (c) Notification of Potential Victims.--The Secretary of 
     Defense is directed to notify people who are or were bound by 
     Department secrecy oaths or policies, and who may have been 
     exposed to radioactive or hazardous substances at nuclear 
     weapons facilities, of any likely health risks and of how 
     they can discuss the exposures with their health care 
     providers and other appropriate officials without violating 
     secrecy oaths or policies.
                                 ______
                                 

                  BYRD (AND OTHERS) AMENDMENT NO. 3767

  (Ordered to lie on the table.)
  Mr. BYRD (for himself, Mr. Warner, Mr. Levin, Mr. Hollings, Mr. 
Helms, Mr. Breaux, Mr. Hatch, and Mr. Campbell) submitted an amendment 
intended to be proposed by them to the bill, S. 2549, supra; as 
follows:

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

     SEC. 1061. ANNUAL REPORT ON NATIONAL SECURITY IMPLICATIONS OF 
                   UNITED STATES-CHINA TRADE RELATIONSHIP.

       (a) In General.--Section 127(k) of the Trade Deficit Review 
     Commission Act (19 U.S.C. 2213 note) is amended to read as 
     follows:
       ``(k) United States-China National Security Implications.--
       ``(1) In general.--Upon submission of the report described 
     in subsection (e), the Commission shall continue for the 
     purpose of monitoring, investigating, and reporting to 
     Congress on the national security implications of the 
     bilateral trade and economic relationship between the United 
     States and the People's Republic of China.
       ``(2) Annual report.--Not later than March 1, 2001, and 
     annually thereafter, the Commission shall submit a report to 
     Congress, in both unclassified and classified form, regarding 
     the national security implications and impact of the 
     bilateral trade and economic relationship between the United 
     States and the People's Republic of China. The report shall 
     include a full analysis, along with conclusions and 
     recommendations for legislative and administrative actions, 
     of the national security implications for the United States 
     of the trade and current balances with the People's Republic 
     of China in goods and services, financial transactions, and 
     technology transfers. The Commission shall also take into 
     account patterns of trade and transfers through third 
     countries to the extent practicable.
       ``(3) Contents of report.--The report described in 
     paragraph (2) shall include, at a minimum, a full discussion 
     of the following:
       ``(A) The portion of trade in goods and services that the 
     People's Republic of China dedicates to military systems or 
     systems of a dual nature that could be used for military 
     purposes.
       ``(B) An analysis of the statements and writing of the 
     People's Republic of China officials and officially-
     sanctioned writings that bear on the intentions of the 
     Government of the People's Republic of China regarding the 
     pursuit of military competition with, and leverage over, the 
     United States and the Asian allies of the United States.
       ``(C) The military actions taken by the Government of the 
     People's Republic of China during the preceding year that 
     bear on the national security of the United States and the 
     Asian allies of the United States.
       ``(D) The acquisition by the Government of the People's 
     Republic of China and entities controlled by the Government 
     of advanced military technologies through United States trade 
     and technology transfers.
       ``(E) Any transfers, other than those identified under 
     subparagraph (D), to the military systems of the People's 
     Republic of China made by United States firms and United 
     States-based multinational corporations.
       ``(F) The use of financial transactions, capital flow, and 
     currency manipulations that affect the national security 
     interests of the United States.
       ``(G) Any action taken by the Government of the People's 
     Republic of China in the context of the World Trade 
     Organization that is adverse to the United States national 
     security interests.
       ``(H) Patterns of trade and investment between the People's 
     Republic of China and its major trading partners, other than 
     the United States, that appear to be substantively different 
     from trade and investment patterns with the United States and 
     whether the differences constitute a security problem for the 
     United States.
       ``(I) The extent to which the trade surplus of the People's 
     Republic of China with the United States is dedicated to 
     enhancing the military budget of the People's Republic of 
     China.
       ``(J) The overall assessment of the state of the security 
     challenges presented by the People's Republic of China to the 
     United States and whether the security challenges are 
     increasing or decreasing from previous years.
       ``(3)  National defense waiver.--The report described in 
     paragraph (2) shall include recommendations for action by 
     Congress or the President, or both, including specific 
     recommendations for the United States to invoke Article XXI 
     (relating to security exceptions) of the General Agreement on 
     Tariffs and Trade Act of 1994 with respect to the People's 
     Republic of China, as a result of any adverse impact on the 
     national security interests of the United States.''.
       (b) Conforming Amendments.--
       (1) Name of commission.--Section 127(c)(1) of the Trade 
     Deficit Review Commission Act (19 U.S.C. 2213 note) is 
     amended by striking ``Trade Deficit Review Commission'' and 
     inserting ``United States-China Security Review Commission''.
       (2) Qualifications of members.--Section 127(c)(3) of such 
     Act (19 U.S.C. 2213 note) is amended by adding at the end the 
     following new subparagraph:
       ``(C) Special considerations.--For the period beginning 
     after December 1, 2000, consideration shall also be given to 
     the appointment of persons with expertise and experience in 
     national security matters and United States-China 
     relations.''.
       (3) Period of appointment.--Section 127(c)(3)(A) of such 
     Act (19 U.S.C. 2213 note) is amended to read as follows:
       ``(A) In general.--
       ``(i) Appointment beginning with 107th congress.--Beginning 
     with the 107th Congress and each new Congress thereafter, 
     members shall be appointed not later than 30 days after the 
     date on which Congress convenes. Members may be reappointed 
     for additional terms of service.
       ``(ii) Transition.--Members serving on the Commission shall 
     continue to serve until such time as new members are 
     appointed.''.
       (4) Terminology.--
       (A) Section 127(c)(6) of such Act (19 U.S.C. 2213 note) is 
     amended by striking ``Chairperson'' and inserting 
     ``Chairman''.
       (B) Section 127(g) of such Act (19 U.S.C. 2213 note) is 
     amended by striking ``Chairperson'' each place it appears and 
     inserting ``Chairman''.
       (5) Chairman and vice chairman.--Section 127(c)(7) of such 
     Act (19 U.S.C. 2213 note) is amended--
       (A) by striking ``Chairperson'' and ``vice chairperson'' in 
     the heading and inserting ``Chairman'' and ``vice chairman'';
       (B) by striking ``chairperson'' and ``vice chairperson'' in 
     the text and inserting ``Chairman'' and ``Vice Chairman''; 
     and
       (C) by inserting ``at the beginning of each new Congress'' 
     before the end period.
       (6) Hearings.--Section 127(f)(1) of such Act (19 U.S.C. 
     2213 note) is amended to read as follows:
       ``(1) Hearings.--
       ``(A) In general.--The Commission or, at its direction, any 
     panel or member of the Commission, may for the purpose of 
     carrying out the provisions of this Act, hold hearings, sit 
     and act at times and places, take testimony, receive 
     evidence, and administer oaths to the extent that the 
     Commission or any panel or member considers advisable.
       ``(B) Information.--The Commission may secure directly from 
     the Department of Defense, the Central Intelligence Agency, 
     and any other Federal department or agency information that 
     the Commission considers necessary to enable the Commission 
     to carry out its responsibilities under this Act.''.
       ``(C) Security.--The Office of Senate Security shall 
     provide classified storage and meeting and hearing spaces, 
     when necessary, for the Commission.
       ``(D) Security clearances.--All members of the Commission 
     and appropriate staff shall be sworn and hold appropriate 
     security clearances.''.
       (7) Appropriations.--Section 127(i) of such Act (19 U.S.C. 
     2213 note) is amended to read as follows:
       ``(i) Authorization.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Commission for fiscal year 2001, and each fiscal year 
     thereafter, such sums as may be necessary to enable it to 
     carry out its functions. Appropriations to the Commission are 
     authorized to remain available until expended.
       ``(2) Foreign travel for official purposes.--Foreign travel 
     for official purposes by members and staff of the Commission 
     may be authorized by either the Chairman or the Vice 
     Chairman.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on December 1, 2000.
                                 ______
                                 

                       COLLINS AMENDMENT NO. 3768

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

       On page 32, after line 24, add the following:

     SEC. 142. AGLI/STRIKER WEAPONS FOR SPECIAL OPERATIONS FORCES.

       (a) Increase in Authorization for Procurement, Defense-
     Wide.--The amount authorized to be appropriated by section 
     104 for procurement, Defense-wide is hereby increased by 
     $6,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by

[[Page 13402]]

     section 104, as increased by subsection (a), $6,000,000 shall 
     be available for SOF Small Arms & Weapons for procurement of 
     low rate initial production units (LRIP units) of the AGLI/
     STRIKER weapon in order to facilitate the early fielding of 
     AGLI/STRIKER weapons to Special Operations Forces (SOF).
                                 ______
                                 

                        BYRD AMENDMENT NO. 3769

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

       Strike section 910.
                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENT NO. 3770

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

       At the appropriate place in Title XXXI, add the following 
     subtitle:

     Subtitle   --National Laboratories Partnership Improvement Act

     SEC. 31  1. SHORT TITLE.

       This subtitle may be cited as the ``National Laboratories 
     Partnership Improvement Act of 2000''.

     SEC. 31  2. DEFINITIONS.

       For purposes of this subtitle--
       (1) the term ``Department'' means the Department of Energy;
       (2) the term ``departmental mission'' means any of the 
     functions vested in the Secretary of Energy by the Department 
     of Energy Organization Act (42 U.S.C. 7101 et seq.) or other 
     law;
       (3) the term ``institution of higher education'' has the 
     meaning given such term in section 1201(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1141(a));
       (4) the term ``National Laboratory'' means any of the 
     following institutions owned by the Department of Energy--
       (A) Argonne National Laboratory;
       (B) Brookhaven National Laboratory;
       (C) Idaho National Engineering and Environmental 
     Laboratory;
       (D) Lawrence Berkeley National Laboratory;
       (E) Lawrence Livermore National Laboratory;
       (F) Los Alamos National Laboratory;
       (G) National Renewable Energy laboratory;
       (H) Oak Ridge National Laboratory;
       (I) Pacific Northwest National Laboratory; or
       (J) Sandia National Laboratory;
       (5) the term ``facility'' means any of the following 
     institutions owned by the Department of Energy--
       (A) Ames Laboratory;
       (B) East Tennessee Technology Park;
       (C) Environmental Measurement Laboratory;
       (D) Fermi National Accelerator Laboratory;
       (E) Kansas City Plant;
       (F) National Energy Technology Laboratory;
       (G) Nevada Test Site;
       (H) Princeton Plasma Physics Laboratory;
       (I) Savannah River Technology Center;
       (J) Stanford Linear Accelerator Center;
       (K) Thomas Jefferson National Accelerator Facility;
       (L) Waste Isolation Pilot Plant;
       (M) Y-12 facility at Oak Ridge National Laboratory; or
       (N) other similar organization of the Department designated 
     by the Secretary that engages in technology transfer, 
     partnering, or licensing activities;
       (6) the term ``nonprofit institution'' has the meaning 
     given such term in section 4 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3703(5));
       (7) the term ``Secretary'' means the Secretary of Energy;
       (8) the term ``small business concern'' has the meaning 
     given such term in section 3 of the Small Business Act (15 
     U.S.C. 632);
       (9) the term ``technology-related business concern'' means 
     a for-profit corporation, company, association, firm, 
     partnership, or small business concern that--
       (A) conducts scientific or engineering research,
       (B) develops new technologies,
       (C) manufactures products based on new technologies, or
       (D) performs technological services;
       (10) the term ``technology cluster'' means a geographic 
     concentration of--
       (A) technology-related business concerns;
       (B) institutions of higher education; or
       (C) other nonprofit institutions

     that reinforce each other's performance though formal or 
     informal relationships;
       (11) the term ``socially and economically disadvantaged 
     small business concerns'' has the meaning given such term in 
     section 8(a)(4) of the Small Business Act (15 U.S.C. 
     637(a)(4)); and
       (12) the term ``NNSA'' means the National Nuclear Security 
     Administration established by Title XXXII of National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65).

     SEC. 31  3. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM.

       (a) Establishment.--The Secretary, through the appropriate 
     officials of the Department, shall establish a Technology 
     Infrastructure Pilot Program in accordance with this section
       (b) Purpose.--The purpose of the program shall be to 
     improve the ability of National Laboratories or facilities to 
     support departmental missions by--
       (1) stimulating the development of technology clusters in 
     the vicinity of National Laboratories or facilities;
       (2) improving the ability of National Laboratories or 
     facilities to leverage and benefit from commercial research, 
     technology, products, processes, and services; and
       (3) encouraging the exchange of scientific and 
     technological expertise between National Laboratories or 
     facilities and--
       (A) institutions of higher education,
       (B) technology-related business concerns,
       (C) nonprofit institutions, and
       (D) agencies of state, tribal, or local governments--

     that are located in the vicinity of a National Laboratory or 
     facility.
       (c) Pilot Program.--In each of the first three fiscal years 
     after the date of enactment of this section, the Secretary 
     may provide up to $10,000,000, divided equally, among no more 
     than ten National Laboratories or facilities selected by the 
     Secretary to conduct Technology Infrastructure Program Pilot 
     Programs.
       (d) Projects.--The Secretary shall authorize the Director 
     of each National Laboratory or facility designated under 
     subsection (c) to implement the Technology Infrastructure 
     Pilot Program at such National Laboratory or facility through 
     projects that meet the requirements of subsections (e) and 
     (f).
       (e) Program Requirements.--Each project funded under this 
     section shall meet the following requirements:
       (1) Minimum participants.--Each project shall at a minimum 
     include--
       (A) a National Laboratory or facility; and
       (B) one of the following entities--
       (i) a business,
       (ii) an institution of higher education,
       (iii) a nonprofit institution, or
       (iv) an agency of a state, local, or tribal government.
       (2) Cost sharing--
       (A) Minimum amount.--Not less than 50 percent of the costs 
     of each project funded under this section shall be provided 
     from non-federal sources.
       (B) Qualified funding and resources.--
       (i) The calculation of costs paid by the non-federal 
     sources to a project shall include cash, personnel, services, 
     equipment, and other resources expended on the project.
       (ii) Independent research and development expenses of 
     government contractors that qualify for reimbursement under 
     section 31-205-18(e) of the Federal Acquisition Regulations 
     issued pursuant to section 25(c)(1) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 421(c)(1)) may be credited 
     towards costs paid by non-federal sources to a project, if 
     the expenses meet the other requirements of this section.
       (iii) No funds or other resources expended either before 
     the start of a project under this section or outside the 
     project's scope of work shall be credited toward the costs 
     paid by the non-federal sources to the project.
       (3) Competitive selection.--All projects where a party 
     other than the Department or a National Laboratory or 
     facility receives funding under this section shall, to the 
     extent practicable, be competitively selected by the National 
     Laboratory or facility using procedures determined to be 
     appropriate by the Secretary or his designee.
       (4) Accounting standards.--Any participant receiving 
     funding under this section, other than a National Laboratory 
     or facility, may use generally accepted accounting principles 
     for maintaining accounts, books, and records relating to the 
     project.
       (5) Limitations.--No federal funds shall be made available 
     under this section for--
       (A) construction; or
       (B) any project for more than five years.
       (f) Selection Criteria.--
       (1) Threshold funding criteria.--The Secretary shall 
     authorize the provision of federal funds for projects under 
     this section only when the Director of the National 
     Laboratory or facility managing such a project determines 
     that the project is likely to improve the participating 
     National Laboratory or facility's ability to achieve 
     technical success in meeting departmental missions.
       (2) Additional criteria.--The Secretary shall also require 
     the Director of the National Laboratory or facility managing 
     a project under this section to consider the following 
     criteria in selecting a project to receive federal funds--
       (A) the potential of the project to succeed, based on its 
     technical merit, team members, management approach, 
     resources, and project plan;
       (B) the potential of the project to promote the development 
     of a commercially sustainable technology cluster, one that 
     will derive most of the demand for its products or services 
     from the private sector, in the vicinity of the participating 
     National Laboratory or facility;

[[Page 13403]]

       (C) the potential of the project to promote the use of 
     commercial research, technology, products, processes, and 
     services by the participating National Laboratory or facility 
     to achieve its departmental mission or the commercial 
     development of technological innovations made at the 
     participating National Laboratory or facility;
       (D) the commitment shown by non-federal organizations to 
     the project, based primarily on the nature and amount of the 
     financial and other resources they will risk on the project;
       (E) the extent to which the project involves a wide variety 
     and number of institutions of higher education, nonprofit 
     institutions, and technology-related business concerns 
     located in the vicinity of the participating National 
     Laboratory or facility that will make substantive 
     contributions to achieving the goals of the project;
       (F) the extent of participation in the project by agencies 
     of state, tribal, or local governments that will make 
     substantive contributions to achieving the goals of the 
     project;
       (G) the extent to which the project focuses on promoting 
     the development of technology-related business concerns that 
     are small business concerns located in the vicinity of the 
     National Laboratory or facility or involves such small 
     business concerns substantively in the project.
       (3) Savings clause.--Nothing in this subsection shall limit 
     the Secretary from requiring the consideration of other 
     criteria, as appropriate, in determining whether projects 
     should be funded under this section.
       (g) Report to Congress on Full Implementation.--Not later 
     than 120 days after the start of the third fiscal year after 
     the date of enactment of this section, the Secretary shall 
     report to Congress on whether the Technology Infrastructure 
     Program should be continued beyond the pilot stage, and, if 
     so how the fully implemented program should be managed. This 
     report shall take into consideration the results of the pilot 
     program to date and the views of the relevant Directors of 
     the National laboratories and facilities. The report shall 
     include any proposals for legislation considered necessary by 
     the Secretary to fully implement the program.

     SEC. 31 4. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

       (a) Advocacy Function.--The Secretary shall direct the 
     Director of each National Laboratory, and may direct the 
     Director of each facility the Secretary determines to be 
     appropriate, to establish a small business advocacy function 
     that is organizationally independent of the procurement 
     function at the National Laboratory or facility. The person 
     or office vested with the small business advocacy function 
     shall--
       (1) work to increase the participation of small business 
     concerns, including socially and economically disadvantaged 
     small business concerns, in procurements, collaborative 
     research, technology licensing, and technology transfer 
     activities conducted by the National Laboratory or facility;
       (2) report to the Director of the National Laboratory or 
     facility on the actual participation of small business 
     concerns in procurements and collaborative research along 
     with recommendations, if appropriate, on how to improve 
     participation;
       (3) make available to small business concerns training, 
     mentoring, and clear, up-to-date information on how to 
     participate in the procurements and collaborative research, 
     including how to submit effective proposals;
       (4) increase the awareness inside the National Laboratory 
     or facility of the capabilities and opportunities presented 
     by small business concerns; and
       (5) establish guidelines for the program under subsection 
     (b) and report on the effectiveness of such program to the 
     Director of the National Laboratory or facility.
       (b) Establishment of Small Business Assistance Program.--
     The Secretary shall direct the Director of each National 
     Laboratory, and may direct the Director of each facility the 
     Secretary determines to be appropriate, to establish a 
     program to provide small business concerns--
       (1) assistance directed at making them more effective and 
     efficient subcontractors or suppliers to the National 
     Laboratory or facility; or
       (2) general technical assistance, the cost of which shall 
     not exceed $10,000 per instance of assistance, to improve the 
     small business concern's products or services.
       (c) Use of Funds.--None of the funds expended under 
     subsection (b) may be used for direct grants to the small 
     business concerns.

     SEC. 31  5. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

       (a) Appointment of Ombudsman.--The Secretary shall direct 
     the Director of each National Laboratory, and may direct the 
     Director of each facility the Secretary determines to be 
     appropriate, to appoint a technology partnership ombudsman to 
     hear and help resolve complaints from outside organizations 
     regarding each laboratory's policies and actions with respect 
     to technology partnerships (including cooperative research 
     and development agreement), patents, and technology 
     licensing. Each ombudsman shall--
       (1) be a senior official of the National Laboratory or 
     facility who is not involved in day-to-day technology 
     partnerships, patents, or technology licensing, or, if 
     appointed from outside the laboratory, function as such a 
     senior official; and
       (2) have direct access to the Director of the National 
     Laboratory or facility.
       (b) Duties.--Each ombudsman shall--
       (1) serve as the focal point for assisting the public and 
     industry in resolving complaints and disputes with the 
     laboratory regarding technology partnerships, patents, and 
     technology licensing;
       (2) promote the use of collaborative alternative dispute 
     resolution techniques such as mediation to facilitate the 
     speedy and low-cost resolution of complaints and disputes, 
     when appropriate; and
       (3) report, through the Director of the National Laboratory 
     or facility, to the Department annually on the number and 
     nature of complaints and disputes raised, along with the 
     ombudsman's assessment of their resolution, consistent with 
     the protection of confidential and sensitive information.
       (c) Dual Appointment.--A person vested with the small 
     business advocacy function of section 31  4 may also serve as 
     the technology partnership ombudsman.

     SEC. 31  6. STUDIES RELATED TO IMPROVING MISSION 
                   EFFECTIVENESS, PARTNERSHIPS, AND TECHNOLOGY 
                   TRANSFER AT NATIONAL LABORATORIES.

       (a) Studies.--The Secretary shall direct the Laboratory 
     Operations Board to study and report to him, not later than 
     one year after the date of enactment of this section, on the 
     following topics:
       (1) the possible benefits from and need for policies and 
     procedures to facilitate the transfer of scientific, 
     technical, and professional personnel among National 
     Laboratories and facilities; and;
       (2) the possible benefits from and need for changes in--
       (A) the indemnification requirements for patents or other 
     intellectual property licensed from a National Laboratory or 
     facility;
       (B) the royalty and fee schedules and types of compensation 
     that may be used for patents or other intellectual property 
     licensed to a small business concern from a National 
     Laboratory or facility;
       (C) the licensing procedures and requirements for patents 
     and other intellectual property, including allowing a 
     preference for a small business concern started by a former 
     employee of a National Laboratory or facility who invented 
     the patented technology or other intellectual property;
       (D) the rights given to a small business concern that has 
     licensed a patent or other intellectual property from a 
     National Laboratory or facility to bring suit against third 
     parties infringing such intellectual property;
       (E) the advance funding requirements for a small business 
     concern funding a project at a National Laboratory or 
     facility through a Funds-In-Agreement;
       (F) the intellectual property rights allocated to a 
     business when it is funding a project at a National 
     Laboratory or facility through a Funds-In-Agreement; and
       (G) policies on royalty payments to inventors employed by a 
     contractor-operated National Laboratory or facility, 
     including those for inventions made under a Funds-In-
     Agreement.
       (b) Definition.--For the purposes of this section, the term 
     ``Funds-In-Agreement'' means a contract between the 
     Department and a non-federal organization where that 
     organization pays the Department to provide a service or 
     material not otherwise available in the domestic private 
     sector.
       (c) Report to Congress.--Not later than one month after 
     receiving the report under subsection (a), the Secretary 
     shall transmit the report, along with his recommendations for 
     action and proposals for legislation to implement the 
     recommendations, to Congress.

     SEC. 31  7. OTHER TRANSACTIONS AUTHORITY.

       (a) New Authority.--Section 646 of the Department of Energy 
     Organization Act (42 U.S.C. 7256) is amended by adding at the 
     end the following new subsection:
       ``(g) Other transactions authority.--(1) In addition to 
     other authorities granted to the Secretary to enter into 
     procurement contracts, leases, cooperative agreements, 
     grants, and other similar arrangements, the Secretary may 
     enter into other transactions with public agencies, private 
     organizations, or persons on such terms as the Secretary may 
     deem appropriate in furtherance of basic, applied, and 
     advanced research functions now or hereafter vested in the 
     Secretary. Such other transactions shall not be subject to 
     the provisions of section 9 of the Federal Nonnuclear Energy 
     Research and Development Act of 1974 (42 U.S.C. 5908).
       ``(2)(A) The Secretary of Energy shall ensure that--
       ``(i) to the maximum extent practicable, no transaction 
     entered into under paragraph (1) provides for research that 
     duplicates research being conducted under existing programs 
     carried out by the Department of Energy; and
       ``(ii) to the extent that the Secretary determines 
     practicable, the funds provided by the Government under a 
     transaction authorized by paragraph (1) do not exceed the 
     total amount provided by other parties to the transaction.

[[Page 13404]]

       ``(B) A transaction authorized by paragraph (1) may be used 
     for a research project when the use of a standard contract, 
     grant, or cooperative agreement for such project is not 
     feasible or appropriate.
       ``(3)(A) The Secretary shall not disclose any trade secret 
     or commercial or financial information submitted by a non-
     federal entity under paragraph (1) that is privileged and 
     confidential.
       ``(B) The Secretary shall not disclose, for five years 
     after the date the information is received, any other 
     information submitted by a non-federal entity under paragraph 
     (1), including any proposal, proposal abstract, document 
     supporting a proposal, business plan, or technical 
     information that is privileged and confidential.
       ``(C) The Secretary may protect from disclosure, for up to 
     five years, any information developed pursuant to a 
     transaction under paragraph (1) that would be protected from 
     disclosure under section 552(b)(4) of title 5, United States 
     Code, if obtained from a person other than a federal 
     agency.''.
       (b) Implementation.--Not later than six months after the 
     date of enactment of this section, the Department shall 
     establish guidelines for the use of other transactions. Other 
     transactions shall be made available, if needed, in order to 
     implement projects funded under section 31  3.

     SEC. 31  8. CONFORMANCE WITH NNSA ORGANIZATIONAL STRUCTURE.

       All actions taken by the Secretary in carrying out this 
     subtitle with respect to National Laboratories and facilities 
     that are part of the NNSA shall be through the Administrator 
     for Nuclear Security in accordance with the requirements of 
     Title XXXII of National Defense Authorization Act for Fiscal 
     Year 2000.

     SEC. 31  9. ARCTIC ENERGY.

       (a) Establishment.--There is hereby established within the 
     Department of Energy an Office of Arctic Energy. The Director 
     of the Office shall report to the Secretary of Energy.
       (b) Purpose.--The purposes of the Office of Arctic Energy 
     are--
       (1) to promote research, development and deployment of 
     electric power technology that is cost-effective and 
     especially well suited to meet the needs of rural and remote 
     regions of the United States, especially where permafrost is 
     present or located nearby; and
       (2) to promote research, development and deployment in such 
     regions of--
       (A) enhanced oil recovery technology, including heavy oil 
     recovery, reinjection of carbon and extended reach drilling 
     technologies;
       (B) gas-to-liquids technology and liquefied natural gas 
     (including associated transportation systems);
       (C) small hydroelectric facilities, river turbines and 
     tidal power;
       (D) natural gas hydrates, coal bed methane, and shallow bed 
     natural gas; and
       (E) alternative energy, including wind, geothermal, and 
     fuel cells.
       (c) Location.--The Secretary shall locate the Office of 
     Arctic Energy at a university with special expertise and 
     unique experience in the matters specified in paragraphs 1 
     and 2 of subsection b.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out activities under this 
     section--
       (1) $1,000,000 for the first fiscal year after the date of 
     enactment of this section; and
       (2) such sums as may be necessary for each fiscal year 
     thereafter.

                          ____________________