[House Report 106-166]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-166

======================================================================



 
  PROVIDING FOR THE CONSIDERATION OF H.R. 1401, THE NATIONAL DEFENSE 
                 AUTHORIZATION ACT FOR FISCAL YEAR 2000

                                _______
                                

May 27 (legislative day, May 26), 1999.--Referred to the House Calendar 
                       and ordered to be printed

                                _______


   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 195]

    The Committee on Rules, having had under consideration 
House Resolution 195, by a record vote of 9 to 2, report the 
same to the House with the recommendation that the resolution 
be adopted.

                  summary of provisions of resolution

    The resolution provides for the consideration of H.R. 1401, 
the ``National Defense Authorization Act for Fiscal Year 
2000,'' under a structured rule. The rule provides one hour of 
general debate divided equally between the chairman and ranking 
minority member of the Committee on Armed Services.
    The resolution waives all points of order against 
consideration of the bill. The rule makes in order the 
Committee on Armed Services amendment in the nature of a 
substitute now printed in the bill, modified by the amendment 
printed in Part A of this report, which shall be considered as 
read. The rule also waives all points of order against the 
amendment in the nature of a substitute, as modified.
    The rule makes in order only those amendments printed in 
this report and pro forma amendments offered by the chairman 
and ranking minority member of the Committee on Armed Services 
for the purpose of debate. Amendments printed in Part C of this 
report may be offered en bloc. Except as specified in section 5 
of the resolution, amendments will be considered only in the 
order specified in this report, may be offered only by a Member 
designated, shall be considered as read, and shall not be 
subject to a demand for division of the question. Unless 
otherwise specified in this report, each amendment printed in 
this report shall be debatable for 10 minutes equally divided 
and controlled by the proponent and an opponent and shall not 
be subject to amendment (except that the chairman and ranking 
minority member of the Committee on Armed Services each may 
offer one pro forma amendment for the purpose of further debate 
on any pending amendment). The rule waives all points of order 
against amendments printed in this report and those amendments 
en bloc described in section 3 of the resolution.
    The rule provides for an additional one hour of general 
debate at the beginning of the second legislative day of 
consideration of H.R. 1401, which shall be equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Armed Services. The rule authorizes the chairman 
of the Armed Services Committee or his designee to offer 
amendments en bloc consisting of the amendments in Part C of 
this report or germane modifications thereto, which shall be 
considered as read (except that modifications shall be 
reported), shall be debatable for 20 minutes equally divided 
between the chairman and ranking member of the Armed Services 
Committee or their designees, and shall not be subject to 
amendment or demand for division of the question. For the 
purposes of inclusion in such amendments en bloc, an amendment 
printed in the form of a motion to strike may be modified to 
the form of a germane perfecting amendment to the text 
originally proposed to be stricken. The original proponent of 
an amendment included in such amendments en bloc may insert a 
statement in the Congressional Record immediately before the 
dispositions of the en bloc amendments.
    The rule allows the Chairman of the Committee of the Whole 
to postpone votes during consideration of the bill, and to 
reduce voting to five minutes on a postponed question if the 
vote follows a fifteen minute vote. The rule allows the 
Chairman of the Committee of the Whole to recognize for 
consideration of any amendment printed in this report out of 
the order in which printed, but not sooner than one hour after 
the chairman of the Armed Services Committee or a designee 
announces from the floor a request to that effect. Finally, the 
rule provides for one motion to recommit, with or without 
instructions.
    The waiver of all points of order against consideration of 
the bill include a waiver of: clause 4(a) of Rule XIII 
(requiring a three-day layover of the committee report), which 
is necessary because the report accompanying H.R. 1401 is not 
yet printed, but the bill is scheduled to be considered on the 
floor on Thursday, May 27; clause 4 of rule XXI (prohibiting 
appropriations in legislative bills), which is necessary 
because at least one section (sec. 801) contains appropriation 
provisions; section 302(f) of the Congressional Budget Act 
(prohibiting consideration of legislation providing new 
entitlement authority in excess of a committee's allocation), 
which is necessary because several sections in the bill, 
including sec. 601 and sec. 641 (pay raise and retirement 
provisions), contain entitlement provisions and the committee 
does not have an entitlement allocation; and section 401(b) of 
the Congressional Budget Act (prohibiting consideration of 
legislation providing new entitlement authority which becomes 
effective during the current fiscal year), which is necessary 
because several sections in the bill, including sec. 1618 and 
sec. 1672, contain provisions where beneficiaries would become 
entitled to benefits in the current fiscal year.
    The waiver of all points of order against the amendment in 
the nature of a substitute, as modified, includes a waiver of: 
clause 7 of rule XVI (prohibiting nongermane amendments), which 
is necessary because the reported bill contains many provisions 
that are broader than the introduced bill or were not included 
in the introduced bill, such as Title XXXIV (Maritime 
Administration Authorization) and Title XXXV (Panama Canal 
Commission Authorization); section 302(f) of the Congressional 
Budget Act, which is necessary for the same reasons as the 
waiver against consideration of the bill; and section 401(b) of 
the Congressional Budget Act, which is also necessary for the 
same reasons as the waiver against consideration of the bill.

                            committee votes

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 31

    Date: May 26, 1999.
    Measure: H.R. 1401, the National Defense Authorization Act 
for Fiscal Year 2000.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment No. 61 
offered by Rep. Dicks which codifies portions of Presidential 
Decision Directive 61 which makes organizational changes at DOE 
to elevate counterintelligence as a primary departmental 
function; puts in place a temporary moratorium on foreign 
visitors from sensitive countries to the labs until appropriate 
security procedures are in place; allows waivers to the 
moratorium; establishes regular polygraphs for certain 
individuals and certain purposes; clarifies the right of the 
government to search computers and offices used in DOE defense 
activities; increases penalties for release of restricted data 
and increases protection for DOE whistleblowers; and 
commissions high level review of DOE computer vulnerabilities.
    Results: Defeated 2 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Hall--Yea; Dreier--Nay.

Rules Committee record vote No. 32

    Date: May 26, 1999.
    Measure: H.R. 1401, the National Defense Authorization Act 
for Fiscal Year 2000.
    Motion by: Mr. Hall.
    Summary of motion: To make in order the amendment No. 36 
offered by Rep. Dingell which requires the Secretary of Energy 
to assign to the Assistant Secretary for Defense Programs a 
variety of functions, including environment, safety, and health 
operations, and safeguard and security operations; and strikes 
the provision, and retain the Secretary of Energy's authority 
under current law to assign those functions to other offices 
within DOE to permit independent oversight of those functions.
    Results: Defeated 2 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Hall--Yea; Dreier--Nay.

Rules Committee record vote No. 33

    Date: May 26, 1999.
    Measure: H.R. 1401, the National Defense Authorization Act 
for Fiscal Year 2000.
    Motion by: Mr. Goss.
    Summary of motion: To report the rule.
    Results: Adopted 9 to 2.
    Vote by Members: Goss--Yea; Linder--Yea; Pryce--Yea; Diaz-
Balart--Yea; Hastings--Yea; Myrick--Yea; Sessions--Yea; 
Reynolds--Yea; Frost--Nay; Hall--Nay; Dreier--Yea.

                        AMENDMENTS MADE IN ORDER

PART A--SUMMARY OF AMENDMENT MODIFYING THE AMENDMENT IN THE NATURE OF A 
                               SUBSTITUTE

    Strikes section 1006 of the bill, which restricts FY 2000 
funds available to the Defense Department to be used for 
supporting Kosovo military operations.

       PART B--SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    1. Spence--Requires the Secretary of Energy to establish 
and maintain a counterintelligence program for defense-related 
programs at DOE. Requires a report to the House and Senate 
Intelligence Committees on the implementation of the DOE 
counterintelligence program. Makes each DOE national laboratory 
director or manager responsible for counterintelligence 
activities to the DOE Office of Counterintelligence and, 
through its Director to the Secretary of Energy. Gives the DOE 
Director of Counterintelligence the authority to revoke or 
suspend security clearances of DOE employees or contractors if 
the Director obtains information that they have disclosed 
classified information in an unauthorized manner. Requires the 
Secretary of Energy to establish a foreign contact control 
program at the DOE. Requires the prior approval by the DOE 
Office of Counterintelligence for contacts between DOE, 
employees and contractors, and citizens of ``sensitive 
countries.'' Requires that all contracts with citizens of 
sensitive countries require the presence of more than one DOE 
employee or contractor. Requires post-contact reporting on the 
topics of discussion between the DOE employee or contractor and 
the citizen of a sensitive country. Provides $8.6 million for 
DOE counterintelligence cyber-security. Offsets the increase 
for this from the contractor travel account within DOE Weapons 
Activities, DOE Environmental Management, and DOE Other Defense 
Activities. Requires the Secretary of Defense to establish a 
plan for the transfer of the DOE national security functions to 
the DOD by January, 2002. (60 Minutes.)
    2. Costello--Makes all DOE contractors, including the 
contractors who manage and operate the nuclear weapons labs, 
subject to civil penalties of up to $100,000 per violation of 
any DOE rule, regulation, or order relating to the safeguarding 
and security of restricted data, or other classified or 
sensitive information. (30 Minutes.)
    3. Hunter--Requires the Secretary of Energy to establish a 
counterintelligence polygraph program for employees who have 
access to high-risk programs or information. (20 Minutes.)
    4. Roemer--Requires the Secretary of Energy to report to 
the Congress on an annual basis regarding the 
counteringelligence and security practices at the national 
laboratories whether or not classified activities are carried 
out at the facility. (20 Minutes.)
    5. Sweeney--Requires the Inspector Generals of DOD and DOE, 
in consultation with the Directors of the CIA and FBI to 
conduct an annual audit of the policies and procedures of the 
Departments with respect to the export of technologies and the 
transfer of scientific and technical information to the 
People's Republic of China, to assess the extent to which the 
Departments are carrying out activities to ensure that any 
transfer will not measurably improve the weapons systems or 
space launch capabilities of the People's Republic of China. 
(20 Minutes.)
    6. Ryun (KS)--Places a moratorium of at least two years on 
the entry of foreign vistors from sensitive countries to our 
national labs. Requires the Secretary of Energy, after 
consultation with the Director of the FBI, to certify that new 
counterintelligence program is running effectively before the 
moratorium is lifted. Gives the Secretary waiver authority for 
individuals deemed vital to our national security. The new 
counterintelligence program requires security checks on all 
visitors to the labs, including the investigation of past 
breaches in coordination with a study of the effects of non-
classified visits on compromises of classified nuclear secrets. 
(40 Minutes.)
    7. Gilman/Spence--Requires the Secretary of State to ensure 
that adequate resources are allocated to the Office of Defense 
Trade Controls (ODTC) for the purpose of reviewing and 
processing export license applications in a thorough and timely 
manner. Requires the Secretary of State to make available ODTC 
funds that were appropriated last year for this purpose. 
Requires the Secretary of Defense to ensure that the Defense 
Threat Reduction Agency has adequate resources to fulfill its 
responsibility of reviewing export license applications in a 
thorough and timely manner. (20 Minutes.)
    8. Weldon (PA)--Establishes Technology Security Division 
within Defense Threat Reduction Agency as a separate DOD 
agency, and requires the Director of this agency to advise the 
Secretary and Deputy Secretary of Defense on policy related to 
the transfer of strategically sensitive technology. (20 
Minutes.)
    9. Weldon (PA)--Requires the Department of Defense to 
provide an annual report to the Congress assessing the 
cumulative impact of individual export licenses by the United 
States to countries of concern (those listed as terrorist 
nations by the State Department and those nations listed as 
Computer Tier 3 export restricted). The report shall assess the 
impact of exports on improving conventional and strategic 
military capabilities of countries of concern, how those 
capabilities would harm U.S. military capabilities, and U.S. 
countermeasures required to address advances resulting from 
exports. (20 Minutes.)
    10. Dicks--Requires the Secretary of Defense to ensure that 
security details on overseas satellite launch campaigns follow 
International Trafficing in Arms Regulations (ITAR) and that 
such personnel have security clearances. Consistent with the 
recommendations of the Cox-Dicks Report. (20 Minutes.)
    11. DeLay--Prohibits military-to-military exchanges that 
involve the training of the People's Liberation Army (PLA) of 
China by the U.S. Armed Forces, such as: force projection 
operations; logistics, nuclear, chemical or biological 
operations; intelligence activities; warfighting exercises; and 
other warfighting capabilities of the Armed Forces. It does not 
prohibit any exchanges with regard to search and rescue or 
humanitarian exercises, but does require the Secretary of 
Defense to certify each year that all military-to-military 
contacts with the PLA have been in compliance with the law, and 
to submit an annual report on all such contacts or exchanges. 
(60 Minutes.)
    12. Gilman/Goss--Prohibits the use of any DOD funds to 
maintain a permanent U.S. military presence in Haiti beyond 
December 31, 1999; allows the use of funds for ``periodic, 
noncontinuous'' troop deployments after that time; requires the 
President to report to Congress when deploying troops under 
these circumstances; allows the use of funds for a ``limited, 
customary presence'' necessary to ensure the safety of U.S. 
diplomatic facilities and to carry out defense liaison 
activities under the auspices of the U.S. embassy; and allows 
the President to freely respond to protect American lives and 
property. (20 Minutes.)
    13. Sanchez--Restores equal access to health services at 
overseas military hospitals to servicemen and women and their 
dependents stationed overseas. (30 Minutes.)
    14. Buyer/Abercrombie--Authorizes members of the uniformed 
services to participate in the Thrift Savings Plan now 
available to federal civil service employees. Service members 
would be eligible to deposit up to five percent of their basic 
pay, before tax, each month. There would be no government 
automatic or matching contributions, however, service members 
would be authorized to directly deposit special and incentive 
pays into their Thrift Savings accounts up to the maximum 
amounts specified in the tax code. (20 Minutes.)

PART C--SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE (SUBJECT TO 
                         BEING OFFERED EN BLOC)

    15. Gallegly--Authorizes up to $16 million for Air Force 
procurement of modular firefighting equipment. $6 million of 
the $16 million has already been appropriated in the FY99 DOD 
Appropriations Act and this amendment would authorize the 
program. (10 Minutes.)
    16. Spence--Requires the procurement and installation of 
cooperative engagement capability equipment in naval vessels, 
shore facilities, and aircraft prior to completion of 
operational test and evaluation in order to field the 
cooperative engagement capability in a Navy battle group by 
fiscal year 2003. Adds $20 million for the procurement of 
additional cooperative engagement capability equipment and is 
fully offset. (10 Minutes.)
    17. Hall (OH)--Expresses the Sense of Congress that the 
Secretary of Defense failed to comply with a goal in last 
year's Defense Authorization Act to boost defense science and 
technology funding by 2 percent annually. The amendment repeats 
last year's goal and requires the President to report to 
Congress if next year's budget request for defense science and 
technology funding fails to meet the goal. (10 Minutes.)
    18. Reynolds--Authorizes the Secretary of the Army to 
replace nonsecure tactical radios used by the 82nd Airborne 
division. (10 Minutes.)
    19. Evans--Waives statutory time limitations on the award 
of the Medal of Honor for Alfred Rascon as well as to authorize 
the President to award the Medal of Honor to him for valor 
during the Vietnam conflict. (10 Minutes.)
    20. Sweeney--Makes it mandatory for the Secretary of a 
military department to provide material, equipment, and 
training to support non-governmental organizations, as 
necessary for the support of honor guard activities. (10 
Minutes.)
    21. Buyer/Abercrombie--Provides disability separation or 
retirement qualification to any member with at least eight 
years of active service who becomes disabled due to a pre-
existing medical condition. In the case of a reserve component 
member, the section would qualify the member for retirement 
with at least 15 but less than 20 years of service when the 
member is disqualified for military service due to a medical 
condition that was not incurred or aggravated in the line of 
duty. (10 Minutes.)
    22. Gilman--Requires the Secretary of Defense to report to 
the Congress on the security situation on the Korean peninsula 
including a net assessment of the warfighting capabilities of 
US, ROK, and DPRK armed forces; requires reporting North 
Korea's weapons of mass destruction and ballistic missile 
programs. (10 Minutes.)
    23. Thune/Stenholm--Makes the following changes to TRICARE, 
the military health care system: authorizes contractors to 
provide financial incentives to promote electronic processing; 
requires the Secretary to complete a study on TRICARE 
reimbursement rates; requires the Secretary to submit a 
proposal to adjust those rates should the study find more than 
20 percent of the rates are less than the 50th percentile of 
the usual and customary rate; requires DOD to implement the 
TRICARE Prime Remote concurrently for Geographically Separated 
Units and their dependents; eliminates the requirement for non-
availability statements or pre-authorization for procedures 
under TRICARE Standard, the military fee-for-service plan; 
eliminates the pre-authorization for in-network preventative 
obstetric and gynecological care, mammograms for women over 35, 
and preventative urological care; requires the primary care 
manager of the beneficiary to be notified of the care; and 
authorizes the payment of certain travel expenses for 
beneficiaries who are referred by the network provider or 
themilitary treatment facility to another provider or facility more 
than 100 miles away. (10 Minutes.)
    24. Traficant--Provides (1) assurances that any funds 
authorized under the bill are spent in compliance with the Buy 
American Act; (2) a Sense of the Congress that where feasible, 
funds spent under the bill should purchase American-made goods; 
and (3) punishment for those found to fraudulently have affixed 
``Made in America'' labels to goods not made in America. (10 
Minutes.)
    25. Bereuter--Makes permanent the waivers contained in the 
FY99 Defense Authorization Act that permit the Asia Pacific 
Center for Security Studies, a component of Pacific Command, to 
waive reimbursement for certain costs of conducting business 
and to accept foreign gifts/donations. (10 Minutes.)
    26. Bereuter--Directs the DOD to evaluate and report its 
capabilities to deal with possible contingencies in both Korea 
and Southwest Asia, given the reality that U.S. military 
operations in the Balkans are stretching some critical U.S. 
defense capabilities. (10 Minutes.)
    27. Castle/Roemer/Bishop--Requires the Secretary of Defense 
to report to Congress and the President on the causes of the 
recent series of space launch failures, as well as the steps 
that are being taken to minimize or prevent these failures in 
the future. (10 Minutes.)
    28. Fowler--Requires the Secretary of Defense to submit to 
Congress a comprehensive report, in both classified and 
unclassified form, describing the airlift requirements 
necessary to execute the full range of missions called for 
under the National Military Strategy under the postures of 
force engagement anticipated through year 2015. It would 
require a more comprehensive study of America's power 
projection system than has been initiated to date, and is 
necessary in light of recently demonstrated airlift 
deficiencies. (10 Minutes.)
    29. Gilchrest--Clarifies appropriate use of the proceeds 
from outlease of the U.S. Naval Academy dairy farm. Allows USNA 
to retain proceeds from the outlease of the dairy farm property 
for administration of the property and for use in the 
nonappropriated fund accounts which have, in the past, 
subsidized operation of the dairy farm. (10 Minutes.)
    30. Goodling/Traficant--Requires the Inspector General of 
DOD to investigate that compliance of free weight strength 
training equipment purchases by DOD with the Buy American Act. 
(10 Minutes.)
    31. Skelton--Modifies Section 1404 of the Defense Against 
Weapons of Mass Destruction Act of 1999. Addresses the 
implementations of the DOD's Domestic Preparedness Program 
(DPP). Requires the establishment of threat and risk assessment 
process for the program's implementation. Proposes the 
establishment of a pilot program incorporating an approach to 
better establish the most suitable and efficient investment 
strategy for federal assistance to cities participating in the 
program in an effort to match investments with an overall 
threat or vulnerability analysis. (10 Minutes.)
    32. Hobson/Hall (OH)--Creates a one-year pilot program to 
provide DOD expanded authority to offer voluntary early 
retirement and retirement incentives in order to address a 
growing disparity in its workforce. Under current law the 
Department is not able to hire lower grade employees to replace 
retiring workers, which is a particular problem for scientists 
and engineers. (10 Minutes.)
    33. Ortiz--Extends from September, 1999, to September, 
2003, the Defense Department's authority to pay the 
government's share of health insurance for up to 18 months for 
those civilian employees who have been involuntarily separated 
from federal service. (10 Minutes.)
    34. Ney--Requires the Secretary of Defense to prepare an 
annual report, both classified and unclassified, on the 
military power of the People's Republic of China. (10 Minutes.)
    35. Boehlert--Authorizes a $12.8 million Air Force Military 
Construction project at the Air Force Research Laboratory's 
Rome Research Site in Rome, New York, for the purpose of 
consolidating research and technology development activities 
conducted at the site. Requires that the Air Force submit a 
plan to Congress for the completion of multi-phase efforts to 
consolidate research and technology development activities 
conducted at the Rome Research Site. (10 Minutes.)
    36. Ose--Allows the Air Force to convey a nuclear radiation 
center to the University of California, Davis for research 
purposes. Authorizes the Secretary of the Air Force to pay 
$17.593 million to UC Davis to cover decommissioning costs. (10 
Minutes.)
    37. Scarborough--Increases the payment of 15 percent of 
basic pay for each person bought out to compensate for 
additional costs associated with early retirement to 26 
percent. (10 Minutes.)
    38. McIntyre--Provides a private business involved in a 
dispute related to a technology transfer the ability to request 
and receive binding alternative dispute resolution, mediation, 
or other methods by which the dispute can be resolved quickly 
and less expensively for all parties. Calls on DOE to harmonize 
all technology transfer policies with respect to patenting, 
licensing, and commercialization at its nuclear weapons labs. 
Requires technology transfer successes and disputes and the 
progress made toward resolving them to be made a part of the 
nuclear weapons labs' annual performance reviews. Requires that 
lab technology transfer personnel at the nuclear weapons labs 
receive adequate training to ensure they are able to perform 
their duties to the highest possible professional and ethical 
standards. (10 Minutes.)
    39. Wilson--Amends Section 3166(c), relating to the notice 
to congressional committees of compromise of classified 
information within nuclear energy defense programs--Specified 
Committees to add the House and Senate Select Committees on 
Intelligence. (10 Minutes.)

 PART A--TEXT OF AMENDMENT MODIFYING THE AMENDMENT IN THE NATURE OF A 
                               SUBSTITUTE

    Strike section 1006 (page 270, line 20 through page 271, 
line 9).

        PART B--TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE


    1. An Amendment To Be Offered by Representative Spence of South 
           Carolina, or a Designee, Debatable for 60 Minutes

  At the end of title IX (page 265, after line 11), insert the 
following new section:

SEC. 910. PLAN FOR TRANSFERRING THE DEPARTMENT OF ENERGY NATIONAL 
                    SECURITY FUNCTIONS TO THE DEPARTMENT OF DEFENSE.

  (a) Plan Required.--The Secretary of Defense, in consultation 
with the Secretary of Energy, shall submit to Congress a report 
setting forth the Secretary's plan for the transfer to the 
Department of Defense of the national security programs of the 
Department of Energy by January 1, 2002.
  (b) Matters To Be Included.--The plan submitted in the report 
under subsection (a) shall include the following:
          (1) A detailed plan for the integration into the 
        Department of Defense of the offices and laboratories 
        of the Department of Energy which would be transferred 
        to the Department of Defense as part of such a transfer 
        of functions.
          (2) An assessment of the personnel end-strength 
        reductions estimated to be achieved as a result of such 
        a transfer of functions.
          (3) An assessment of costs, or savings, associated 
        with the various transfer of function options.
          (4) An identification of all applicable provisions of 
        law that may inhibit or preclude such a transfer of 
        functions.
  (c) Preservation of Integrity of DOE National Security 
Programs.--In developing the plan under subsection (a), the 
Secretary shall make every effort to ensure that the mission 
and functioning of the national security programs of the 
Department of Energy are not unduly affected adversely during 
the transfer of those functions to the Department of Defense 
and the consolidation of those functions into activities of the 
Department.
  (d) Submission of Report.--The report required under 
subsection (a) shall be submitted not later than March 1, 2000.

  At the end of subtitle A of title XXXI (page 419, after line 
3), insert the following new section:

SEC. 3106. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE CYBER SECURITY 
                    PROGRAM.

  (a) Increased Funds for Counterintelligence Cyber Security.--
The amounts provided in section 3103 in the matter preceding 
paragraph (1) and in paragraph (3) are each hereby increased by 
$8,600,000, to be available for Counterintelligence Cyber 
Security programs.
  (b) Offsetting Reductions Derived From Contractor Travel.--
(1) The amount provided in section 3101 in the matter preceding 
paragraph (1) (for weapons activities in carrying out programs 
necessary for national security) is hereby reduced by 
$4,700,000.
  (2) The amount provided in section 3102 in the matter 
preceding paragraph (1) of subsection (a) (for environmental 
restoration and waste management in carrying out programs 
necessary for national security) is hereby reduced by 
$1,900,000.
  (3) The amount provided in section 3103 in the matter 
preceding paragraph (1) is hereby reduced by $2,000,000.

  At the end of title XXXI (page 453, after line 15), insert 
the following new sections:

SEC. 3167. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE PROGRAM.

  (a) Program Required.--The Secretary of Energy shall 
establish and maintain a counterintelligence program for the 
defense-related activities of the Department of Energy.
  (b) Elements of Program.--The counterintelligence program 
shall include the following elements:
          (1) Collection and analysis of counterintelligence 
        information.
          (2) Provision of education and training regarding 
        foreign intelligence operations to individuals carrying 
        out defense-related activities, including risks posed 
        by such operations, techniques that may be employed by 
        such operations, and effective methods to recognize, 
        respond to, and report such operations.
          (3) Provision of professional counterintelligence 
        training to the counterintelligence officers carrying 
        out the program.
          (4) Prevention of, identification of, response to, 
        and neutralization of foreign intelligence operations 
        and unauthorized disclosures of classified information.
          (5) Dissemination of counterintelligence information 
        to appropriate intelligence or law enforcement agencies 
        of the United States.
  (c) Director of the Office of Counterintelligence.--The 
executive in the Department of Energy responsible for carrying 
out the counterintelligence program shall be the Director of 
the Office of Counterintelligence, who shall be directly 
responsible to the Secretary of Energy. The Director is hereby 
established in the Senior Executive Service and shall, for all 
purposes, be treated as a career reserved position (within the 
meaning of section 3132 of title 5, United States Code).
  (d) Counterintelligence Authority of Field Offices and 
Laboratories.--The Secretary shall ensure that, for each 
national laboratory and for each operations office at which the 
activities of the counterintelligence program are carried out, 
the director of the national laboratory or the manager of the 
operations office, as applicable, has authority over, and 
responsibility for, the counterintelligence activities at that 
laboratory or office. Each such director or manager shall, with 
respect to such activities, be accountable to the Director of 
the Office of Counterintelligence and, through the Director, to 
the Secretary.
  (e) Reporting by Counterintelligence Personnel at Field 
Offices and Laboratories.--For each national laboratory and for 
each operations office at which the activities of the 
counterintelligence program are carried out, the 
counterintelligence personnel of the laboratory or office 
shall, with respect to counterintelligence activities, report 
concurrently--
          (1) to the director of the laboratory or the manager 
        of the office, as applicable; and
          (2) to the Director of the Office of 
        Counterintelligence.
  (f) Department of Energy Headquarters Counterintelligence 
Staff.--The Secretary shall ensure that the defense-related 
counterintelligence functions at the Department of Energy 
headquarters are performed, by the conclusion of fiscal year 
2001 and thereafter, only by Federal employees.
  (g) Authority to Revoke and Suspend Security Clearances.--The 
Director of the Office of Counterintelligence has the authority 
to revoke or suspend the security clearance of any employee of 
the Department of Energy or of any employee of a contractor of 
the Department if information is made known to the Director 
that the employee may have disclosed classified information--
          (1) to an individual not authorized to receive such 
        information; or
          (2) in any other unauthorized manner.
  (h) Report on Implementation of Program.--Not later than 120 
days after the date of the enactment of this Act, the Secretary 
shall submit to the Committee on Armed Services and the Select 
Committee on Intelligence of the Senate and the Committee on 
Armed Services and the Permanent Select Committee on 
Intelligence of the House of Representatives a report on the 
implementation of the counterintelligence program under this 
section. The report shall include a description of--
          (1) the organizational structure; and
          (2) the activities that will be carried out to 
        establish and maintain the elements of the program.
  (i) Reports on Changes to Program.--Whenever the Secretary 
makes any change to the implementation of the 
counterintelligence program as such implementation is described 
in the report submitted under subsection (h) or in a prior 
report submitted under this subsection, the Secretary shall 
promptly submit to the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate and the 
Committee on Armed Services and the Permanent Select Committee 
on Intelligence of the House of Representatives a report 
identifying the change and describing the effect of the change 
on the implementation of the program.
  (j) Definitions.--For purposes of this section:
          (1) Defense-related activities.--The term ``defense-
        related activities'' means the defense activities of 
        the Department of Energy, including activities relating 
        to the national laboratories.
          (2) Counterintelligence information.--The term 
        ``counterintelligence information'' has the meaning 
        given the term ``counterintelligence'' in section 3(3) 
        of the National Security Act of 1947 (50 U.S.C. 
        401a(3)).
          (3) Foreign intelligence operation.--The term 
        ``foreign intelligence operation'' means a clandestine 
        intelligence activity by an intelligence service or 
        network of a foreign power or by an agent of a foreign 
        power.
          (4) Foreign power.--The term ``foreign power'' has 
        the meaning given such term in section 101(a) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801(a)).
          (5) Agent of a foreign power.--The term ``agent of a 
        foreign power'' has the meaning given such term in 
        section 101(b) of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1801(b)).

SEC. 3168. FOREIGN CONTACT CONTROL PROGRAM AT THE DEPARTMENT OF ENERGY.

  (a) In General.--Not later than 60 days after the enactment 
of this Act, the Secretary of Energy shall establish a program 
of foreign contact control at the Department of Energy. The 
Secretary shall ensure that all contacts between covered 
persons identified in subsection (b) and citizens of sensitive 
countries shall be in accord with the foreign contact controls 
established in this program.
  (b) Covered Persons.--For purposes of the foreign contact 
control program, a covered person is a person who has a 
security clearance that allows the person access to high-risk 
programs or information identified in subsection (c), and who 
is one of the following:
          (1) An officer or employee of the Department.
          (2) An expert or consultant under contract to the 
        Department.
          (3) An officer or employee of any contractor of the 
        Department.
  (c) High-Risk Programs or Information.--For purposes of the 
foreign contact control program, high-risk programs or 
information are any of the following:
          (1) The programs identified as high risk in the 
        regulations prescribed by the Secretary and known as--
                  (A) special access programs;
                  (B) personnel security and assurance 
                programs; and
                  (C) personnel assurance programs.
          (2) The information identified as high risk in the 
        regulations prescribed by the Secretary and known as 
        Sensitive Compartmented Information.
  (d) Sensitive Countries.--For purposes of the foreign contact 
control program, a sensitive country is a country that is named 
on the current Department of Energy sensitive countries list.
  (e) Foreign Contact Controls.--The Department of Energy 
foreign contact control program shall include the following 
requirements, and any others prescribed by the Secretary of 
Energy or the Director of the Department of Energy Office of 
Counterintelligence:
          (1) A contact between a covered person and a citizen 
        of a sensitive country shall not occur unless first 
        approved by the Department of Energy Office of 
        Counterintelligence.
          (2) Any contact between a covered person and a 
        citizen of a sensitive country shall be conducted with 
        two or more covered persons present at all times. At no 
        time shall a covered person meet with a citizen of a 
        sensitive country without another covered person being 
        present. This requirement shall apply to all contacts, 
        whether the contact is to occur in a foreign country, 
        at a Department of Energy facility in the United 
        States, or elsewhere within the United States.
          (3) Each contact between a covered person and a 
        citizen of a sensitive country shall be reported by the 
        covered person to the Department of Energy Office of 
        Counterintelligence. The report shall include a 
        detailed itemization of the topics of discussion and 
        shall specify any questions the citizen of the 
        sensitive country asks regarding the defense 
        applications of nuclear energy.
  (f) Waiver Authority.--The Director of the Department of 
Energy Office of Counterintelligence may waive the requirement 
of subsection (e)(2) for a specific individual contact if the 
Director determines that a waiver for that contact is necessary 
for national security purposes.
                              ----------                              


 2. An Amendment To Be Offered by Representative Costello of Illinois, 
                or a Designee, Debatable for 30 Minutes

  At the end of title XXXI (page 453, after line 15), insert 
the following new section:

SEC. 3167. DEPARTMENT OF ENERGY REGULATIONS RELATING TO THE 
                    SAFEGUARDING AND SECURITY OF RESTRICTED DATA.

  (a) In General.--Chapter 18 of title I of the Atomic Energy 
Act of 1954 (42 U.S.C. 2271 et seq.) is amended by inserting 
after section 234A the following new section:
  ``Sec. 234B. Civil Monetary Penalties for Violations of 
Department of Energy Regulations Regarding Security of 
Classified or Sensitive Information or Data.--
  ``a. Any person who has entered into a contract or agreement 
with the Department of Energy, or a subcontract or subagreement 
thereto, and who violates (or whose employee violates) any 
applicable rule, regulation, or order prescribed or otherwise 
issued by the Secretary pursuant to this Act relating to the 
safeguarding or security of Restricted Data or other classified 
or sensitive information shall be subject to a civil penalty of 
not to exceed $100,000 for each such violation.
  ``b. The Secretary shall include in each contract with a 
contractor of the Department provisions which provide an 
appropriate reduction in the fees or amounts paid to the 
contractor under the contract in the event of a violation by 
the contractor or contractor employee of any rule, regulation, 
or order relating to the safeguarding or security of Restricted 
Data or other classified or sensitive information. The 
provisions shall specify various degrees of violations and the 
amount of the reduction attributable to each degree of 
violation.
  ``c. The powers and limitations applicable to the assessment 
of civil penalties under section 234A, except for subsection d. 
of that section, shall apply to the assessment of civil 
penalties under this section.''.
  (b) Clarifying Amendment.--The section heading of section 
234A of such Act (42 U.S.C. 2282a) is amended by inserting 
``Safety'' before ``Regulations''.
  (c) Clerical Amendment.--The table of sections for that Act 
is amended by inserting after the item relating to section 234 
the following new items:

``Sec. 234A. Civil Monetary Penalties for Violations of Department of 
          Energy Safety Regulations.
``Sec. 234B. Civil Monetary Penalties for Violations of Department of 
          Energy Regulations Regarding Security of Classified or 
          Sensitive Information or Data.''.

 3. An Amendment To Be Offered by Representative Hunter of California, 
                or a Designee, Debatable for 20 Minutes

  At the end of title XXXI (page 453, after line 15), insert 
the following new section:

SEC. 3167. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

  (a) Program Required.--The Secretary of Energy, acting 
through the Director of the Office of Counterintelligence of 
the Department of Energy, shall carry out a counterintelligence 
polygraph program for the defense-related activities of the 
Department. The counterintelligence polygraph program shall 
consist of the administration of counterintelligence polygraph 
examinations to each covered person who has access to high-risk 
programs or information.
  (b) Covered Persons.--For purposes of this section, a covered 
person is one of the following:
          (1) An officer or employee of the Department.
          (2) An expert or consultant under contract to the 
        Department.
          (3) An officer or employee of any contractor of the 
        Department.
  (c) High-Risk Programs or Information.--For purposes of this 
section, high-risk programs or information are any of the 
following:
          (1) The programs identified as high risk in the 
        regulations prescribed by the Secretary and known as--
                  (A) Special Access Programs;
                  (B) Personnel Security And Assurance 
                Programs; and
                  (C) Personnel Assurance Programs.
          (2) The information identified as high risk in the 
        regulations prescribed by the Secretary and known as 
        Sensitive Compartmented Information.
  (d) Initial Testing and Consent.--The Secretary may not 
permit a covered person to have any access to any high-risk 
program or information unless that person first undergoes a 
counterintelligence polygraph examination and consents in a 
signed writing to the counterintelligence polygraph 
examinations required by this section.
  (e) Additional Testing.--The Secretary may not permit a 
covered person to have continued access to any high-risk 
program or information unless that person undergoes a 
counterintelligence polygraph examination--
          (1) not less frequently than every five years; and
          (2) at any time at the direction of the Director of 
        the Office of Counterintelligence.
  (f) Counterintelligence Polygraph Examination.--For purposes 
of this section, the term ``counterintelligence polygraph 
examination'' means a polygraph examination using questions 
reasonably calculated to obtain counterintelligence 
information, including questions relating to espionage, 
sabotage, unauthorized disclosure of classified information, 
and unauthorized contact with foreign nationals.

4. An Amendment To Be Offered by Representative Roemer of Indiana, or a 
                   Designee, Debatable for 20 Minutes

  At the end of title XXXI (page 453, after line 15), insert 
the following new section:

SEC. 3167. REPORT ON COUNTERINTELLIGENCE AND SECURITY PRACTICES AT 
                    NATIONAL LABORATORIES.

  (a) In General.--Not later than March 1 of each year, the 
Secretary of Energy shall submit to the Congress a report for 
the preceding year on counterintelligence and security 
practices at the facilities of the national laboratories 
(whether or not classified activities are carried out at the 
facility).
  (b) Content of Report.--The report shall include, with 
respect to each national laboratory, the following:
          (1) The number of full-time counterintelligence and 
        security professionals employed.
          (2) A description of the counterintelligence and 
        security training courses conducted and, for each such 
        course, any requirement that employees successfully 
        complete that course.
          (3) A description of each contract awarded that 
        provides an incentive for the effective performance of 
        counterintelligence or security activities.
          (4) A description of the services provided by the 
        employee assistance programs.
          (5) A description of any requirement that an employee 
        report the foreign travel of that employee (whether or 
        not the travel was for official business).
          (6) A description of any visit by the Secretary or by 
        the Deputy Secretary of Energy, a purpose of which was 
        to emphasize to employees the need for effective 
        counterintelligence and security practices.
                              ----------                              


5. An Amendment To Be Offered by Representative Sweeney of New York, or 
                  a Designee, Debatable for 20 Minutes

  At the end of title XII (page 317, after line 17), insert the 
following new section:

SEC. 1206. ANNUAL AUDIT OF DEPARTMENT OF DEFENSE AND DEPARTMENT OF 
                    ENERGY POLICIES WITH RESPECT TO TECHNOLOGY 
                    TRANSFERS TO THE PEOPLE'S REPUBLIC OF CHINA.

  (a) Annual Audit.--The Inspectors General of the Department 
of Defense and the Department of Energy, in consultation with 
the Director of Central Intelligence and the Director of the 
Federal Bureau of Investigation, shall each conduct an annual 
audit of the policies and procedures of the Department of 
Defense and the Department of Energy, respectively, with 
respect to the export of technologies and the transfer of 
scientific and technical information, to the People's Republic 
of China in order to assess the extent to which the Department 
of Defense or the Department of Energy, as the case may be, is 
carrying out its activities to ensure that any technology 
transfer, including a transfer of scientific or technical 
information, will not measurably improve the weapons systems or 
space launch capabilities of the People's Republic of China.
  (b) Report to Congress.--The Inspectors General of the 
Department of Defense and the Department of Energy shall each 
submit to Congress a report each year describing the results of 
the annual audit under subsection (a).
                              ----------                              


 6. An Amendment To Be Offered by Representative Ryun of Kansas, or a 
                   Designee, Debatable for 40 Minutes

  At the end of title XXXI (page 453, after line 15), insert 
the following new subtitle:

  Subtitle F--Department of Energy Foreign Visitors Program Moratorium

SEC. 3181. SHORT TITLE.

  This subtitle may be cited as the ``Department of Energy 
Foreign Visitors Program Moratorium Act''.

SEC. 3182. MORATORIUM ON FOREIGN VISITORS PROGRAM.

  (a) Moratorium.--Until otherwise provided by law, the 
Secretary of Energy may not, during the foreign visitors 
moratorium period, admit to any facility of a national 
laboratory any individual who is a citizen of a nation that is 
named on the current Department of Energy sensitive countries 
list.
  (b) Waiver Authority.--(1) The Secretary of Energy may waive 
the prohibition in subsection (a) on a monthly basis with 
respect to specific individuals whose admission to a national 
laboratory is determined by the Secretary to be necessary for 
the national security of the United States.
  (2) On a monthly basis, but not later than the 15th day of 
each month, the Secretary shall submit to the Committee on 
Armed Services of the Senate and Committee on Armed Services of 
the House of Representatives a report in writing providing 
notice of the waivers made in the previous month. The report 
shall identify each individual for whom such a waiver was made 
and, with respect to each such individual, provide a detailed 
justification for the waiver and the Secretary's certification 
that the admission of that individual to a national laboratory 
is necessary for the national security of the United States.
  (3) The authority of the Secretary under paragraph (1) may be 
delegated only to the Deputy Secretary of Energy or an 
Assistant Secretary of Energy.
  (c) Foreign Visitors Moratorium Period.--For purposes of this 
section, the term ``foreign visitors moratorium period'' means 
the period beginning on the date of the enactment of this Act 
and ending on the later of the following:
          (1) The date that is 2 years after the date of the 
        enactment of this Act.
          (2) The date that is 90 days after the date on which 
        the Secretary of Energy, after consultation with the 
        Director of the Federal Bureau of Investigation, 
        submits to the Committee on Armed Services of the 
        Senate and the Committee on Armed Services of the House 
        of Representatives a certification in writing by the 
        Secretary of each of the following:
                  (A) That the counterintelligence program 
                required by section 3183 is fully implemented, 
                and fully operating, at each of the national 
                laboratories.
                  (B) That such counterintelligence program 
                complies with the requirements of Presidential 
                Decision Directive number 61.
                  (C) That the Secretary is in compliance with 
                the provisions of subsection (b).

SEC. 3183. COUNTERINTELLIGENCE PROGRAM.

  (a) Establishment at Each Laboratory.--The Secretary of 
Energy shall establish a counterintelligence program at each of 
the national laboratories. The counterintelligence program at 
each such laboratory shall have a full-time staff assigned to 
counterintelligence functions at that laboratory, including 
such personnel from other agencies as may be approved by the 
Secretary. The counterintelligence program at each such 
laboratory shall be under the direction of, and shall report 
to, the Director of the Office of Counterintelligence of the 
Department of Energy.
  (b) Investigation of Past Security Breaches.--The Secretary 
shall require that the counterintelligence program at each 
laboratory include a specific plan pursuant to which the 
Director of the Office of Counterintelligence of the Department 
of Energy shall--
          (1) investigate any breaches of security discovered 
        after the date of the enactment of this Act that 
        occurred at that laboratory before the establishment of 
        the counterintelligence program at that laboratory; and
          (2) study the extent to which a breach of security 
        may have occurred before the establishment of the 
        counterintelligence program at that laboratory with 
        respect to a classified project at that laboratory by 
        the admittance to that laboratory, for purposes of a 
        nonclassified project, of a citizen of a foreign 
        nation.
  (c) Required Checks on All Non-Cleared Individuals.--(1) The 
Secretary, acting through the Director of the Office of 
Counterintelligence of the Department of Energy, shall ensure 
the following:
          (A) That before any non-cleared individual is allowed 
        to enter any facility of a national laboratory, a 
        security investigation known as an ``indices check'' is 
        carried out with respect to that individual.
          (B) That before any non-cleared individual is allowed 
        to enter a classified facility of a national laboratory 
        or to work for more than 15 days in any 30-day period 
        in any facility of a national laboratory, a security 
        investigation known as a ``background check'' is 
        carried out with respect to that individual.
  (2) Non-Cleared Individual.--For purposes of paragraph (1), a 
non-cleared individual is any of the following:
          (A) An individual who is a citizen of a nation that 
        is named on the current Department of Energy sensitive 
        countries list.
          (B) An individual who has not been investigated by 
        the United States, or by a foreign nation with which 
        the United States has an appropriate reciprocity 
        agreement, in a manner at least as comprehensive as the 
        investigation required for the issuance of a security 
        clearance at the level designated as ``Secret''.

SEC. 3184. EXCEPTION TO MORATORIUM FOR CERTAIN GRANDFATHERED 
                    INDIVIDUALS.

  (a) Grandfathered Individuals.--Notwithstanding section 
3182(a), the Secretary may, during the foreign visitors 
moratorium period described section 3182(c), admit to a 
facility of a national laboratory an individual who is a 
citizen of a nation that is named on the current Department of 
Energy sensitive countries list, for a period of not more than 
3 months for the purposes of transitional work, if--
          (1) that individual was regularly admitted to that 
        facility before that period for purposes of a project 
        or series of projects;
          (2) the continued admittance of that individual to 
        that facility during that period is important to that 
        project or series of projects; and
          (3) the admittance is carried out in accordance with 
        section 3183(c).
  (b) Report on Grandfathered Individuals.--Not later than 30 
days after the date of the enactment of this Act, the Secretary 
shall submit to the Committee on Armed Services of the Senate 
and Committee on Armed Services of the House of Representatives 
a report on each individual admitted to a facility of a 
national laboratory under subsection (a). The report shall 
identify each such individual and, with respect to each such 
individual, provide a detailed justification for such 
admittance and the Secretary's certification that such 
admission was carried out in accordance with section 3183(c).

SEC. 3185. DEFINITIONS.

  For purposes of this subtitle:
          (1) The term ``national laboratory'' means any of the 
        following:
                  (A) The Lawrence Livermore National 
                Laboratory, Livermore, California.
                  (B) The Los Alamos National Laboratory, Los 
                Alamos, New Mexico.
                  (C) The Sandia National Laboratories, 
                Albuquerque, New Mexico, and Livermore, 
                California.
          (2) The term ``sensitive countries list'' means the 
        list prescribed by the Secretary of Energy known as the 
        Department of Energy List of Sensitive Countries.
          (3) The term ``indices check'' means using an 
        individual's name, date of birth, and place of birth to 
        review government intelligence and investigative 
        agencies databases for suspected ties to foreign 
        intelligence services or terrorist groups.

7. An Amendment To Be Offered by Representative Gilman of New York, or 
 Representative Spence of South Carolina, or a Designee, Debatable for 
                               20 Minutes

  At the end of title XII (page 317, after line 17), insert the 
following new section:

SEC. 1206. RESOURCES FOR EXPORT LICENSE FUNCTIONS.

  (a) Office of Defense Trade Controls.--
          (1) In general.--The Secretary of State shall take 
        the necessary steps to ensure that, in any fiscal year, 
        adequate resources are allocated to the functions of 
        the Office of Defense Trade Controls of the Department 
        of State relating to the review and processing of 
        export license applications so as to ensure that those 
        functions are performed in a thorough and timely 
        manner.
          (2) Availability of existing appropriations.--The 
        Secretary of State shall take the necessary steps to 
        ensure that those funds made available under the 
        heading ``Administration of Foreign Affairs, Diplomatic 
        and Consular Programs'' in title IV of the Departments 
        of Commerce, Justice, and State, the Judiciary, and 
        Related Agencies Appropriations Act, 1999, as contained 
        in the Omnibus Consolidated and Emergency Supplemental 
        Appropriations Act, 1999 (Public Law 105-277) are made 
        available, upon the enactment of this Act, to the 
        Office of Defense Trade Controls of the Department of 
        State to carry out the purposes of the Office.
  (b) Defense Threat Reduction Agency.--The Secretary of 
Defense shall take the necessary steps to ensure that, in any 
fiscal year, adequate resources are allocated to the functions 
of the Defense Threat Reduction Agency of the Department of 
Defense relating to the review of export license applications 
so as to ensure that those functions are performed in a 
thorough and timely manner.
                              ----------                                



8. An Amendment To Be Offered by Representative Weldon of Pennsylvania, 
                or a Designee, Debatable for 20 Minutes

  At the end of title IX (page 265, after line 11), insert the 
following new section:

SEC. 910. DEFENSE TECHNOLOGY SECURITY ENHANCEMENT.

  (a) Reorganization of Technology Security Functions of 
Department of Defense.--The Secretary of Defense shall 
establish the Technology Security Directorate of the Defense 
Threat Reduction Agency as a separate Defense Agency named the 
Defense Technology Security Agency. The Agency shall be under 
the authority, direction, and control of the Under Secretary of 
Defense for Policy.
  (b) Director.--The Director of the Defense Technology 
Security Agency shall also serve as Deputy Under Secretary of 
Defense for Technology Security Policy.
  (c) Functions.--The Director shall advise the Secretary of 
Defense and the Deputy Secretary of Defense, through the Under 
Secretary of Defense for Policy, on policy issues related to 
the transfer of strategically sensitive technology, including 
the following:
          (1) Strategic trade.
          (2) Defense cooperative programs.
          (3) Science and technology agreements and exchanges.
          (4) Export of munitions items.
          (5) International Memorandums of Understanding.
          (6) Industrial base and competitiveness concerns.
          (7) Foreign acquisitions.
                              ----------                              


9. An Amendment To Be Offered by Representative Weldon of Pennsylvania, 
                or a Designee, Debatable for 20 Minutes

  At the end of title XII (page 317, after line 17), insert the 
following new section:

SEC. 1206. NATIONAL SECURITY ASSESSMENT OF EXPORT LICENSES.

  (a) Report to Congress.--The Secretary of Defense, in 
consultation with the Joint Chiefs of Staff, shall provide to 
Congress a report assessing the cumulative impact of individual 
licenses granted by the United States for exports, goods, or 
technology to countries of concern.
  (b) Contents of Report.--Each report under subsection (a) 
shall include an assessment of--
          (1) the cumulative impact of exports of technology on 
        improving the military capabilities of countries of 
        concern;
          (2) the impact of exports of technology which would 
        be harmful to United States military capabilities, as 
        well as countermeasures necessary to overcome the use 
        of such technology; and
          (3) those technologies, systems, and components which 
        have applications to conventional military and 
        strategic capabilities.
  (c) Timing of Reports.--The first report under subsection (a) 
shall be submitted to Congress not later than 1 year after the 
date of the enactment of this Act, and shall assess the 
cumulative impact of exports to countries of concern in the 
previous 5-year period. Subsequent reports under subsection (a) 
shall be submitted to Congress at the end of each 1-year period 
after the submission of the first report. Each such subsequent 
report shall include an assessment of the cumulative impact of 
technology exports based on analyses contained in previous 
reports under this section.
  (d) Support of Other Federal Agencies.--The Secretary of 
Commerce, the Secretary of State, and the heads of other 
departments and agencies shall make available to the Secretary 
of Defense information necessary to carry out this section, 
including information on export licensing.
  (e) Definition.--As used in this section, the term ``country 
of concern'' means--
          (1) a country the government of which the Secretary 
        of State has determined, for purposes of section 6(j) 
        of the Export Administration Act of 1979 or other 
        applicable law, to have repeatedly provided support for 
        acts of international terrorism; and
          (2) a country on the list of covered countries under 
        section 1211(b) of the National Defense Authorization 
        Act for Fiscal Year 1998 (50 U.S.C. app. 2404 note).

 10. An Amendment To Be Offered by Representative Dicks of Washington, 
                or a Designee, Debatable for 20 Minutes

  At the end of title XII (page 317, after line 17), insert the 
following new section:

SEC. 1206. PROVISION OF SECURITY PERSONNEL BY DEPARTMENT OF DEFENSE IN 
                    CONNECTION WITH SATELLITE EXPORT LICENSING.

  The Secretary of Defense shall ensure that each person 
providing security on a program monitored by the Department of 
Defense under section 1514 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 is trained 
appropriately in the regulations prescribed by the Secretary of 
State known as the International Trafficking in Arms 
Regulations and is investigated in a manner at least as 
comprehensive as the investigation required for the issuance of 
a security clearance at the level designated as ``Secret''.
                              ----------                              


 11. An Amendment To Be Offered by Representative DeLay of Texas, or a 
                   Designee, Debatable for 60 Minutes

  Strike section 1203 (page 310, line 22 through page 314, line 
7) and insert the following:

SEC. 1203. LIMITATION ON MILITARY-TO-MILITARY EXCHANGES WITH CHINA'S 
                    PEOPLE'S LIBERATION ARMY.

  (a) Limitation.--The Secretary of Defense may not authorize 
any military-to-military exchange or contact described in 
subsection (b) to be conducted by the Armed Forces with 
representatives of the People's Liberation Army of the People's 
Republic of China.
  (b) Covered Exchanges and Contacts.--Subsection (a) applies 
to any military-to-military exchange or contact that includes 
any of the following:
          (1) Force projection operations.
          (2) Nuclear operations.
          (3) Field operations.
          (4) Logistics.
          (5) Chemical and biological defense and other 
        capabilities related to weapons of mass destruction.
          (6) Intelligence, surveillance, and reconnaissance 
        operations.
          (7) Joint warfighting experiments and other 
        activities related to warfare.
          (8) Military space operations.
          (9) Other warfighting capabilities of the Armed 
        Forces.
          (10) Arms sales or military-related technology 
        transfers.
          (11) Release of classified or restricted information.
          (12) Access to a Department of Defense laboratory.
  (c) Exceptions.--Subsection (a) does not apply to any search 
and rescue exercise or any humanitarian exercise.
  (d) Certification by Secretary.--The Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Service of the House of 
Representatives, not later than December 31 of each year, a 
certification in writing as to whether or not any military-to-
miltary exchange or contact during that calandar year was 
conducted in violation of subsection (a).
  (e) Annual Report.--Not later than June 1 each year, the 
Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Service of 
the House of Representatives a report providing the Secretary's 
assessment of the current state of military-to-military 
contacts with the People's Liberation Army. The report shall 
include the following:
          (1) A summary of all such military-to-military 
        contacts during the period since the last such report, 
        including a summary of topics discussed and questions 
        asked by the Chinese participants in those contacts.
          (2) A description of the military-to-military 
        contacts scheduled for the next 12-month period and a 
        five-year plan for those contacts.
          (3) The Secretary's assessment of the benefits the 
        Chinese expect to gain from those military-to-military 
        contacts.
          (4) The Secretary's assessment of the benefits the 
        Department of Defense expects to gain from those 
        military-to-military contacts.
          (5) The Secretary's assessment of how military-to-
        military contacts with the People's Liberation Army fit 
        into the larger security relationship between United 
        States and the People's Republic of China.
                              ----------                              


12. An Amendment To Be Offered by Representative Gilman of New York, or 
Representative Goss of Florida, or a Designee, Debatable for 20 Minutes

  At the end of title XII (page 317, after line 17), insert the 
following new section:

SEC. 1206. LIMITATION ON DEPLOYMENT OF UNITED STATES ARMED FORCES IN 
                    HAITI.

  (a) Limitation on Deployment.--Except as provided in 
subsection (b), no funds available to the Department of Defense 
may be expended for the deployment of United States Armed 
Forces in Haiti.
  (b) Exceptions.--Subsection (a) does not apply to the 
deployment of United States Armed Forces in Haiti for any of 
the following purposes:
          (1) Deployment pursuant to Operation Uphold Democracy 
        until December 31, 1999.
          (2) Deployment for periodic, noncontinuous theater 
        engagement activities on or after January 1, 2000.
          (3) Deployment for a limited, customary presence 
        necessary to ensure the security of United States 
        diplomatic facilities in Haiti and to carry out defense 
        liaison activities under the auspices of the United 
        States embassy.
  (c) Report Requirement.--Whenever there is a deployment of 
United States Armed Forces described in subsection (b)(2), the 
President shall, not later than 48 hours after the deployment, 
transmit a written report regarding the deployment to the 
Committee on Armed Services and the Committee on International 
Relations of the House of Representatives and the Committee on 
Armed Services and the Committee on Foreign Relations of the 
Senate.
  (d) Rule of Construction.--Nothing in this section shall be 
construed to restrict in any way the authority of the President 
in emergency circumstances to protect the lives of United 
States citizens or to protect United States facilities or 
property in Haiti.
                              ----------                              


13. An Amendment To Be Offered by Representative Sanchez of California, 
                or a Designee, Debatable for 30 Minutes

  At the end of title VII (page 238, after line 22), insert the 
following new section:

SEC. 726. RESTORATION OF PRIOR POLICY REGARDING RESTRICTIONS ON USE OF 
                    DEPARTMENT OF DEFENSE MEDICAL FACILITIES.

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


 14. An Amendment To Be Offered by Representative Buyer of Indiana, or 
 Representative Abercrombie of Hawaii, or a Designee, Debatable for 30 
                                Minutes

  Page 207, after line 5, add the following new subtitle (and 
redesignate the succeeding subtitle accordingly):

   Subtitle F--Eligibility to Participate in the Thrift Savings Plan

SEC. 661. AUTHORITY FOR MEMBERS OF THE UNIFORMED SERVICES TO CONTRIBUTE 
                    TO THE THRIFT SAVINGS FUND.

  (a) Authority for Members of the Uniformed Services To 
Contribute to the Thrift Savings Fund.--(1) Subchapter III of 
chapter 84 of title 5, United States Code, is amended by adding 
at the end the following:

``Sec. 8440e. Members of the uniformed services

  ``(a)(1) A member of the uniformed services performing active 
service may elect to contribute to the Thrift Savings Fund--
          ``(A) a portion of such individual's basic pay; or
          ``(B) a portion of any special or incentive pay 
        payable to such individual under chapter 5 of title 37.
Any contribution under subparagraph (B) shall be made by direct 
transfer to the Thrift Savings Fund by the Secretary concerned.
  ``(2)(A) Except as provided in subparagraph (B), an election 
under paragraph (1) may be made only during a period provided 
under section 8432(b), subject to the same conditions as 
prescribed under paragraph (2) (A)-(D) thereof.
  ``(B)(i) Notwithstanding subparagraph (A), a member of the 
uniformed services performing active service on the effective 
date of this section may make the first such election during 
the 60-day period beginning on such effective date.
  ``(ii) An election made under this subparagraph shall take 
effect on the first day of the first applicable pay period 
beginning after the close of the 60-day period referred to in 
clause (i).
  ``(b)(1) Except as otherwise provided in this subsection, the 
provisions of this subchapter and subchapter VII shall apply 
with respect to members of the uniformed services making 
contributions to the Thrift Savings Fund.
  ``(2)(A) The amount contributed by a member of the uniformed 
services under subsection (a)(1)(A) for any pay period shall 
not exceed 5 percent of such member's basic pay for such pay 
period.
  ``(B) Nothing in this section or section 211 of title 37 
shall be considered to waive any dollar limitation under the 
Internal Revenue Code of 1986 which otherwise applies with 
respect to the Thrift Savings Fund.
  ``(3) No contributions under section 8432(c) shall be made 
for the benefit of a member of the uniformed services making 
contributions to the Thrift Savings Fund under subsection (a).
  ``(4) In applying section 8433 to a member of the uniformed 
services who has an account balance in the Thrift Savings Fund, 
the reference in subsection (g)(1) or (h)(3) of section 8433 to 
contributions made under section 8432(a) shall be considered a 
reference to contributions made under any of sections 8351, 
8432(a), 8432b(b), or 8440a-8440e.
  ``(c) For purposes of this section--
          ``(1) the term `basic pay' has the meaning given such 
        term by section 204 of title 37;
          ``(2) the term `active service' means--
                  ``(A) active duty for a period of more than 
                30 days, as defined by section 101(d)(2) of 
                title 10; and
                  ``(B) full-time National Guard duty, as 
                defined by section 101(d)(5) of title 10;
          ``(3) the term `Secretary concerned' has the meaning 
        given such term by section 101 of title 37; and
          ``(4) any reference to `separation from Government 
        employment' shall be considered a reference to a 
        release from active duty (not followed by a resumption 
        of active duty, or an appointment to a position covered 
        by chapter 83 or 84 of title 5 or an equivalent 
        retirement system, as identified by the Executive 
        Director in regulations) before the end of the 31-day 
        period beginning on the day following the date of 
        separation), a transfer to inactive status, or a 
        transfer to a retired list pursuant to any provision of 
        title 10.''.
  (2) The table of sections at the beginning of chapter 84 of 
title 5, United States Code, is amended by adding after the 
item relating to section 8440d the following:

``8440e. Members of the uniformed services.''.

  (b) Amendments Relating to the Employee Thrift Advisory 
Council.--Section 8473 of title 5, United States Code, is 
amended--
          (1) in subsections (a) and (b) by striking ``14 
        members'' and inserting ``15 members''; and
          (2) in subsection (b) by striking ``and'' at the end 
        of paragraph (8), by striking the period at the end of 
        paragraph (9) and inserting ``; and'', and by adding at 
        the end the following:
          ``(10) 1 shall be appointed to represent participants 
        who are members of the uniformed services (within the 
        meaning of section 8440e).''.
  (c) Technical and Conforming Amendments.--(1) Paragraph (11) 
of section 8351(b) of title 5, United States Code, is amended 
by redesignating such paragraph as paragraph (8).
  (2) Subparagraph (B) of section 8432b(b)(2) of title 5, 
United States Code, is amended by striking ``section 8432(a)'' 
and inserting ``sections 8432(a) and 8440e, respectively,''.
  (3)(A) Section 8439(a)(1) of title 5, United States Code, is 
amended--
          (i) by inserting ``or 8432b(d)'' after 
        ``8432(c)(1)''; and
          (ii) by striking ``8351'' and inserting ``8351, 
        8432b(b), or 8440a-8440e''.
  (B) Section 8439(a)(2)(A)(i) of title 5, United States Code, 
is amended by striking ``8432(a) or 8351'' and inserting 
``8351, 8432(a), 8432b(b), or 8440a-8440e''.
  (C) Section 8439(a)(2)(A)(ii) of title 5, United States Code, 
is amended by striking ``title;'' and inserting ``title 
(including subsection (c) or (d) of section 8432b);''.
  (D) Section 8439(a)(2)(A) of title 5, United States Code, is 
amended by striking ``and'' at the end of clause (ii), by 
striking ``, over'' at the end of clause (iii) and inserting 
``; and'', and by adding after clause (iii) the following:
                  ``(iv) any other amounts paid, allocated, or 
                otherwise credited to such individual's 
                account, over''.

SEC. 662. CONTRIBUTIONS TO THRIFT SAVINGS FUND.

  (a) In General.--(1) Chapter 3 of title 37, United States 
Code, is amended by adding at the end the following:

``Sec. 211. Contributions to Thrift Savings Fund

  ``A member of the uniformed services who is performing active 
service may elect to contribute, in accordance with section 
8440e of title 5, a portion of the basic pay of the member for 
that service (or of any special or incentive pay under chapter 
5 of this title which relates to that service) to the Thrift 
Savings Fund established by section 8437 of title 5.''.
  (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following:

``211. Contributions to Thrift Savings Fund.''.

SEC. 663. REGULATIONS.

  Not later than 180 days after the date of the enactment of 
this Act, the Executive Director (appointed by the Federal 
Retirement Thrift Investment Board) shall issue regulations to 
implement sections 8351 and 8440e of title 5, United States 
Code (as amended by section 661) and section 211 of title 37, 
United States Code (as amended by section 662).

SEC. 664. EFFECTIVE DATE.

  (a) In General.--Except as otherwise provided in this 
section, the amendments made by this subtitle shall take effect 
one year after the date of the enactment of this Act, or on 
July 1, 2000, whichever is later.
  (b) Exception.--Nothing in this subtitle (or any amendment 
made by this subtitle) shall be considered to permit the making 
of any contributions under section 8440e(a)(1)(B) of title 5, 
United States Code (as amended by section 661), before December 
1, 2000.
  (c) Effectiveness Contingent on Offsetting Legislation.--(1) 
This subtitle shall be effective only if--
          (A) the President, in the budget of the President for 
        fiscal year 2001, proposes legislation which if enacted 
        would be qualifying offsetting legislation; and
          (B) there is enacted during the second session of the 
        106th Congress qualifying offsetting legislation.
  (2) If the conditions in paragraph (1) are met, then, this 
section shall take effect on the date on which qualifying 
offsetting legislation is enacted or, if later, the effective 
date determined under subsection (a).
  (3) For purposes of this subsection:
          (A) The term ``qualifying offsetting legislation'' 
        means legislation (other than an appropriations Act) 
        that includes provisions that--
                  (i) offset fully the increased outlays for 
                each of fiscal years 2000 through 2009 to be 
                made by reason of the amendments made by this 
                subtitle;
                  (ii) expressly state that they are enacted 
                for the purpose of the offset described in 
                clause (i); and
                  (iii) are included in full on the PayGo 
                scorecard.
          (B) The term ``PayGo scorecard'' means the estimates 
        that are made with respect to fiscal years through 
        fiscal year 2009 by the Director of the Congressional 
        Budget Office and the Director of the Office of 
        Management and Budget under section 252(d) of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985.
                              ----------                              


  PART C--TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE (SUBJECT TO 
                         BEING OFFERED EN BLOC)


     15. An Amendment To Be Offered by Representative Gallegly of 
          California, or a Designee, Debatable for 10 Minutes

  At the end of title I (page 32, before line 15), insert the 
following new section:

SEC. 152. PROCUREMENT OF FIREFIGHTING EQUIPMENT FOR THE AIR NATIONAL 
                    GUARD AND THE AIR FORCE RESERVE.

  The Secretary of the Air Force may carry out a procurement 
program, in a total amount not to exceed $16,000,000, to 
modernize the airborne firefighting capability of the Air 
National Guard and Air Force Reserve by procurement of 
equipment for the modular airborne firefighting system. Amounts 
may be obligated for the program from funds appropriated for 
that purpose for fiscal year 1999 and subsequent fiscal years.

   16. An Amendment To Be Offered by Representative Spence of South 
           Carolina, or a Designee, Debatable for 10 Minutes

  At the end of title I (page 32, before line 15), insert the 
following new section:

SEC. 152. COOPERATIVE ENGAGEMENT CAPABILITY PROGRAM.

  (a) Authority To Proceed.--Cooperative engagement equipment 
procured under the Cooperative Engagement Capability program of 
the Navy shall be procured and installed into commissioned 
vessels, shore facilities, and aircraft of the Navy before 
completion of the operational test and evaluation of shipboard 
cooperative engagement capability in order to ensure fielding 
of a battle group with fully functional cooperative engagement 
capability by fiscal year 2003.
  (b) Funding.--The amount authorized to be appropriated in 
section 102(a)(1) for E-2C aircraft modification is hereby 
increased by $22,000,000 to provide for the acquisition of 
additional cooperative engagement capability equipment. The 
amount authorized to be appropriated in section 102(a)(4) for 
Shipboard Information Warfare Exploit Systems is hereby reduced 
by $22,000,000.
                              ----------                              


  17. An Amendment To Be Offered by Representative Hall of Ohio, or a 
                   Designee, Debatable for 10 Minutes

  At the end of subtitle B of title II (page 37, after line 
13), insert the following new section:

SEC. 213. SENSE OF CONGRESS REGARDING DEFENSE SCIENCE AND TECHNOLOGY 
                    PROGRAM.

  (a) Failure To Comply With Funding Requirements.--It is the 
sense of Congress that the Secretary of Defense has failed to 
comply with the funding objective for the Defense Science and 
Technology Program, especially the Air Force Science and 
Technology Program, as required by section 214(a) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 112 Stat. 1948), thus jeopardizing 
the stability of the defense technology base and increasing the 
risk of failure to maintain technological superiority in future 
weapons systems.
  (b) Funding Requirements.--It is further the sense of 
Congress that, for each of the fiscal years 2001 through 2009, 
it should be an objective of the Secretary of Defense to 
increase the budget for the Defense Science and Technology 
Program, including the science and technology program within 
each military department, for the fiscal year over the budget 
for that program for the preceding fiscal year by a percent 
that is at least two percent above the rate of inflation as 
determined by the Office of Management and Budget.
  (c) Certification.--If a proposed budget fails to comply with 
the objective set forth in subsection (b), the President shall 
certify to Congress that the budget does not jeopardize the 
stability of the defense technology base or increase the risk 
of failure to maintain technological superiority in future 
weapons systems.

18. An Amendment To Be Offered by Representative Reynolds of New York, 
                or a Designee, Debatable for 10 Minutes

  At the end of subtitle B of title III (page 45, after line 
13), insert the following new section:

SEC. 312. REPLACEMENT OF NONSECURE TACTICAL RADIOS OF THE 82ND AIRBORNE 
                    DIVISION.

  Of the amount authorized to be appropriated by section 301(1) 
for operation and maintenance for the Army, $5,500,000 shall be 
available to the Secretary of the Army for the purpose of 
replacing nonsecure tactical radios used by the 82nd Airborne 
Division with radios, such as models AN/PRC-138 and AN/PRC-148, 
identified as being capable of fulfilling mission requirements.
                              ----------                              


19. An Amendment To Be Offered by Representative Evans of Illinois, or 
                  a Designee, Debatable for 10 Minutes

  At the end of subtitle F of title V (page 138, after line 
13), insert the following new section:

SEC. 553. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO ALFRED RASCON FOR 
                    VALOR DURING THE VIETNAM CONFLICT.

  (a) Waiver of Time Limitations.--Notwithstanding the time 
limitations specified in section 3744 of title 10, United 
States Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the Army, 
the President may award the Medal of Honor under section 3741 
of that title to Alfred Rascon, of Laurel, Maryland, for the 
acts of valor described in subsection (b).
  (b) Action Described.--The acts of valor referred to in 
subsection (a) are the actions of Alfred Rascon on March 16, 
1966, as an Army medic, serving in the grade of Specialist Four 
in the Republic of Vietnam with the Reconnaissance Platoon, 
Headquarters Company, 1st Battalion, 503rd Infantry, 173rd 
Airborne Brigade (Separate), during a combat operation known as 
Silver City.

 20. An Amendment To Be Offered by Representative Sweeney of New York, 
                or a Designee, Debatable for 10 Minutes

    Page 142, line 12, strike ``may'' and insert ``shall''.
    Page 142, line 13, insert ``qualified'' after ``to 
support''.
  Page 142, line 15, before the closing quotation marks insert 
the following:
The Secretary shall prescribe by regulation standards for 
determining what nongovernmental organizations are qualified 
for purposes of this subsection, the type of support that may 
be provided under this subsection, and the manner in which such 
support is provided.
                              ----------                              


 21. An Amendment To Be Offered by Representative Buyer of Indiana, or 
 Representative Abercrombie of Hawaii, or a Designee, Debatable for 10 
                                Minutes

  At the end of subtitle E of title VI (page 207, after line 
5), insert the following new section:

SEC. 655. DISABILITY RETIREMENT OR SEPARATION FOR CERTAIN MEMBERS WITH 
                    PRE-EXISTING CONDITIONS.

  (a) Disability Retirement.--(1) Chapter 61 of title 10, 
United States Code, is amended by inserting after section 1207 
the following new section:

``Sec. 1207a. Members with over eight years of active service: 
                    eligibility for disability retirement for pre-
                    existing conditions

  ``(a) In the case of a member described in subsection (b) who 
would be covered by section 1201, 1202, or 1203 of this title 
but for the fact that the member's disability is determined to 
have been incurred before the member becoming entitled to basic 
pay in the member's current period of active duty, the 
disability shall be deemed to have been incurred while the 
member was entitled to basic pay and shall be so considered for 
purposes of determining whether it was incurred in the line of 
duty.
  ``(b) A member described in subsection (a) is a member with 
at least eight years of active service.''.
  (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1207 
the following new item:
``1207a. Members with over eight years of active service: eligibility 
          for disability retirement for pre-existing conditions.''.
  (b) Nonregular Service Retirement.--(1) Chapter 1223 of such 
title is amended by inserting after section 12731a the 
following new section:

``Sec. 12731b. Special rule for members with physical disabilities not 
                    incurred in line of duty

  ``In the case of a member of the Selected Reserve of a 
reserve component who no longer meets the qualifications for 
membership in the Selected Reserve solely because the member is 
unfit because of physical disability, the Secretary concerned 
may, for purposes of section 12731 of this title, determine to 
treat the member as having met the service requirements of 
subsection (a)(2) of that section and provide the member with 
the notification required by subsection (d) of that section if 
the member has completed at least 15, and less than 20, years 
of service computed under section 12732 of this title.
  ``(b) Notification under subsection (a) may not be made if--
          ``(1) the disability was the result of the member's 
        intentional misconduct, willful neglect, or willful 
        failure to comply with standards and qualifications for 
        retention established by the Secretary concerned; or
          ``(2) the disability was incurred during a period of 
        unauthorized absence.''.

  (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 12731a 
the following new item:

``12731b. Special rule for members with physical disabilities not 
          incurred in line of duty.''.

  (c) Separation.--Section 1206(5) of such title is amended by 
inserting ``, in the case of a disability incurred before the 
date of the enactment of the National Defense Authorization Act 
for Fiscal Year 2000,'' after ``determination, and''.
                              ----------                              


22. An Amendment To Be Offered by Representative Gilman of New York, or 
                  a Designee, Debatable for 10 Minutes

  At the end of title XII (page 317, after line 17), insert the 
following new section:

SEC. 1206. REPORT ON THE SECURITY SITUATION ON THE KOREAN PENINSULA.

  (a) Report.--Not later than February 1, 2000, the Secretary 
of Defense shall submit to the appropriate congressional 
committees a report on the security situation on the Korean 
peninsula. The report shall be submitted in both classified and 
unclassified form.
  (b) Matters To Be Included.--The Secretary shall include in 
the report under subsection (a) the following:
          (1) A net assessment analysis of the warfighting 
        capabilities of the Combined Forces Command (CFC) of 
        the United States and the Republic of Korea compared 
        with the armed forces of North Korea.
          (2) An assessment of challenges posed by the armed 
        forces of North Korea to the defense of the Republic of 
        Korea and to United States forces deployed to the 
        region.
          (3) An assessment of the current status and the 
        future direction of weapons of mass destruction 
        programs and ballistic missile programs of North Korea, 
        including a determination as to whether or not North 
        Korea--
                  (A) is continuing to pursue a nuclear weapons 
                program;
                  (B) is seeking equipment and technology with 
                which to enrich uranium; and
                  (C) is pursuing an offensive biological 
                weapons program.
  (c) Appropriate Congressional Committees.--In this section, 
the term ``appropriate congressional committees'' means--
          (1) the Committee on International Relations and the 
        Committee on Armed Services of the House of 
        Representatives; and
          (2) the Committee on Foreign Relations and the 
        Committee on Armed Services of the Senate.
                              ----------                              


23. An Amendment To Be Offered by Representative Thune of South Dakota, 
  or Representative Stenholm of Texas or a Designee, Debatable for 10 
                                Minutes

  At the end of subtitle B of title VII (page 224, after line 
24), insert the following new sections:

SEC. 713. ELECTRONIC PROCESSING OF CLAIMS UNDER THE TRICARE PROGRAM.

  Section 1095c of title 10, United States Code, as added by 
section 711, is amended by adding at the end the following new 
subsection:
  ``(c) Incentives for Electronic Processing.--The Secretary of 
Defense shall require that new contracts for managed care 
support under the TRICARE program provide that the contractor 
be permitted to provide financial incentives to health care 
providers who file claims for payment electronically.''.

SEC. 714. STUDY OF RATES FOR PROVISION OF MEDICAL SERVICES; PROPOSAL 
                    FOR CERTAIN RATE INCREASES.

  Not later than February 1, 2000, the Secretary of Defense 
shall submit to Congress--
          (1) a study on how the maximum allowable rates 
        charged for the 100 most commonly performed medical 
        procedures under the Civilian Health and Medical 
        Program of the Uniformed Services and Medicare compare 
        with usual and customary commercial insurance rates for 
        such procedures in each TRICARE Prime catchment area; 
        and
          (2) a proposal for increases of maximum allowable 
        rates charged for medical procedures under the Civilian 
        Health and Medical Program of the Uniformed Services 
        should the study conducted under paragraph (1) find 20 
        or more rates which are less than or equal to the 50th 
        percentile of the usual and customary commercial 
        insurance rates charged for such procedures.

SEC. 715. REQUIREMENTS FOR PROVISION OF CARE IN GEOGRAPHICALLY 
                    SEPARATED UNITS.

  (a) Contractual Requirement.--The Secretary of Defense shall 
require that all new contracts for the provision of health care 
under TRICARE Prime include a requirement that the TRICARE 
Prime Remote network, to the maximum extent possible, provide 
health care concurrently to members of the Armed Forces in 
geographically separated units and their dependents in areas 
outside the catchment area of a military medical treatment 
facility.
  (b) Report on Implementation.--Not later than May 1, 2000, 
the Secretary shall submit to Congress a report on the extent 
and success of implementation of the requirement under 
subsection (a), and where concurrent implementation has not 
been achieved, the reasons and circumstances that prohibited 
implementation and a plan to provide TRICARE Prime benefits to 
those otherwise eligible covered beneficiaries for whom 
enrollment in a TRICARE Prime network is not feasible.

SEC. 716. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE 
                    PROGRAM.

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

SEC. 717. REIMBURSEMENT OF CERTAIN COSTS INCURRED BY COVERED 
                    BENEFICIARIES WHEN REFERRED FOR CARE OUTSIDE LOCAL 
                    CATCHMENT AREA.

  The Secretary of Defense shall require that any new contract 
for the provision of health care services under chapter 55 of 
title 10, United States Code, shall require that in any case in 
which a covered beneficiary under such chapter who is enrolled 
in TRICARE Prime is referred by a network provider or military 
treatment facility to a provider or military treatment facility 
more than 100 miles outside the catchment area of a military 
treatment facility because a local provider is not available, 
or in any other respect not within the terms of a new managed 
care support contract, the beneficiary shall be reimbursed by 
the network provider or military treatment facility making the 
referral for the cost of personal automobile mileage, to be 
paid under standard reimbursement rates for Federal employees, 
or for the cost of air travel in amounts not to exceed standard 
contract fares for Federal employees.

SEC. 718. IMPROVEMENT OF REFERRAL PROCESS UNDER TRICARE.

  (a) Elimination of Preauthorization Requirements for Certain 
Care.--Under regulations prescribed by the Secretary of 
Defense, and in all new managed care support contracts the 
Secretary shall eliminate requirements in certain cases under 
TRICARE Prime that network primary care managers preauthorize 
covered beneficiaries under chapter 55 of title 10, United 
States Code, to receive preventative health care services 
within the managed care support contract network without 
preauthorization from a primary care manager.
  (b) Covered Services.--Should such a covered beneficiary 
choose to receive care from a provider in the network, the 
covered beneficiary shall not be required to have a referral 
from a primary care manager--
          (1) for receipt of preventative obstetric or 
        gynecological services by a network obstetrician or 
        gynecologist;
          (2) for mammograms performed by a network provider if 
        the beneficiary is a female over the age of 35; or
          (3) for provision of preventative specialty urology 
        care from a network urologist if the beneficiary is a 
        male over the age of 60.
  (c) Notice.--The Secretary may require that the covered 
beneficiary provide appropriate notice to the primary care 
manager of the beneficiary.
  (d) Regulations.--The Secretary shall prescribe the 
regulations required by subsection (a) not later than May 1, 
2000 and implement the regulations not later than October 1, 
2000.

24. An Amendment To Be Offered by Representative Traficant of Ohio, or 
                  a Designee, Debatable for 10 Minutes

  At the end of title VIII (page 246, after line 18), insert 
the following new section:

SEC. 809. COMPLIANCE WITH BUY AMERICAN ACT.

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


25. An Amendment To Be Offered by Representative Bereuter of Nebraska, 
                or a Designee, Debatable for 10 Minutes

  At the end of title X (page 305, after line 5), insert the 
following new section:

SEC. 1040. ASIA-PACIFIC CENTER FOR SECURITY STUDIES.

  (a) Waiver of Charges.--(1) The Secretary of Defense may 
waive reimbursement of the costs of conferences, seminars, 
courses of instruction, or similar educational activities of 
the Asia-Pacific Center for military officers and civilian 
officials of foreign nations of the Asia-Pacific region if the 
Secretary determines that attendance by such persons without 
reimbursement is in the national security interest of the 
United States.
  (2) In this section, the term ``Asia-Pacific Center'' means 
the Department of Defense organization within the United States 
Pacific Command known as the Asia-Pacific Center for Security 
Studies.
  (b) Authority To Accept Foreign Gifts and Donations.--(1) 
Subject to paragraph (2), the Secretary of Defense may accept, 
on behalf of the Asia-Pacific Center, foreign gifts or 
donations in order to defray the costs of, or enhance the 
operation of, the Asia-Pacific Center.
  (2) The Secretary may not accept a gift or donation under 
paragraph (1) if the acceptance of the gift or donation would 
compromise or appear to compromise--
          (A) the ability of the Department of Defense, any 
        employee of the Department, or members of the Armed 
        Forces to carry out any responsibility or duty of the 
        Department in a fair and objective manner; or
          (B) the integrity of any program of the Department of 
        Defense or of any person involved in such a program.
  (3) The Secretary shall prescribe written guidance setting 
forth the criteria to be used in determining whether the 
acceptance of a foreign gift or donation would have a result 
described in paragraph (2).
  (4) Funds accepted by the Secretary under paragraph (1) shall 
be credited to appropriations available to the Department of 
Defense for the Asia-Pacific Center. Funds so credited shall be 
merged with the appropriations to which credited and shall be 
available to the Asia-Pacific Center for the same purposes and 
same period as the appropriations with which merged.
  (5) If the total amount of funds accepted under paragraph (1) 
in any fiscal year exceeds $2,000,000, the Secretary shall 
notify Congress of the amount of those donations for that 
fiscal year. Any such notice shall list each of the 
contributors of such amounts and the amount of each 
contribution in that fiscal year.
  (6) For purposes of this subsection, a foreign gift or 
donation is a gift or donation of funds, materials (including 
research materials), property, or services (including lecture 
services and faculty services) from a foreign government, a 
foundation or other charitable organization in a foreign 
country, or an individual in a foreign country.
                              ----------                              


26. An Amendment To Be Offered by Representative Bereuter of Nebraska, 
                or a Designee, Debatable for 10 Minutes

  At the end of title X (page 305, after line 5), insert the 
following new section:

SEC. 1040. REPORT ON EFFECT OF CONTINUED BALKAN OPERATIONS ON ABILITY 
                    OF UNITED STATES TO SUCCESSFULLY MEET OTHER 
                    REGIONAL CONTINGENCIES.

  (a) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report describing the effect of continued operations 
by the Armed Forces in the Balkans region on the ability of the 
United States, through the period covered by the current 
Future-Years Defense Plan of the Department of Defense, to 
prosecute to a successful conclusion a major contingency in the 
Asia-Pacific region or to prosecute to a successful conclusion 
two nearly simultaneous major theater wars, in accordance with 
the most recent Quadrennial Defense Review.
  (b) Matters To Be Included.--The report under subsection (a) 
shall set forth the following:
          (1) In light of continued Balkan operations, the 
        capabilities and limitations of United States combat, 
        combat support, and combat service support forces (at 
        national, operational, and tactical levels and 
        operating in a joint and coalition environment) to 
        expeditiously respond to, prosecute, and achieve United 
        States strategic objectives in the event of--
                  (A) a contingency on the Korean peninsula; or
                  (B) two nearly simultaneous major theater 
                wars.
          (2) The confidence level of the Secretary of Defense 
        in United States military capabilities to successfully 
        prosecute a Pacific contingency, and to successfully 
        prosecute two nearly simultaneous major theater wars, 
        while remaining engaged at current or greater force 
        levels in the Balkans, together with the rationale and 
        justification for each such confidence level.
          (3) Identification of high-value platforms, systems, 
        capabilities, and skills that--
                  (A) during a Pacific contingency, would be 
                stressed or broken and at what point such 
                stressing or breaking would occur; and
                  (B) during two nearly simultaneous major 
                theater wars, would be stressed or broken and 
                at what point such stressing or breaking would 
                occur.
          (4) During continued military operations in the 
        Balkans, the effect on the ``operations tempo'', and on 
        the ``personnel tempo'', of the Armed Forces--
                  (A) of a Pacific contingency; and
                  (B) of two nearly simultaneous major theater 
                wars.
          (5) During continued military operations in the 
        Balkans, the required type and quantity of high-value 
        platforms, systems, capabilities, and skills to 
        prosecute successfully--
                  (A) a Pacific contingency; and
                  (B) two nearly simultaneous major theater 
                wars.
  (c) Consultation.--In preparing the report under this 
section, the Secretary of Defense shall use the resources and 
expertise of the unified commands, the military departments, 
the combat support agencies, and the defense components of the 
intelligence community and shall consult with non-Department 
elements of the intelligence community, as required, and other 
such entities within the Department of Defense as the Secretary 
considers necessary.
                              ----------                              


27. An Amendment To Be Offered by Representative Castle of Delaware, or 
   Representative Roemer of Indiana, or a Designee, Debatable for 10 
                                Minutes

  At the end of title X (page 305, after line 5), insert the 
following new section:

SEC.     . REPORT ON SPACE LAUNCH FAILURES.

  (a) Report Required.--The Secretary of Defense shall submit 
to the President and the specified congressional committees a 
report on the factors involved in the three recent failures of 
the Titan IV space launch vehicle and the systemic and 
management reforms that the Secretary is implementing to 
minimize future failures of that vehicle and future launch 
systems. The report shall be submitted not later than December 
31, 1999. The Secretary shall include in the report all 
information from the reviews of those failures conducted by the 
Secretary of the Air Force and launch contractors.
  (b) Matters To Be Included.--The report shall include the 
following information:
          (1) An explanation for the failure of a Titan IVA 
        launch vehicle on August 12, 1998, the failure of a 
        Titan IVB launch vehicle on April 9, 1999, and the 
        failure of a Titan IVB launch vehicle on April 30, 
        1999, as well as any information from civilian launches 
        which may provide information on systemic problems in 
        current Department of Defense launch systems, 
        including, in addition to a detailed technical 
        explanation and summary of financial costs for each 
        such failure, a one-page summary for each such failure 
        indicating any commonality between that failure and 
        other military or civilian launch failures.
          (2) A review of management and engineering 
        responsibility for the Titan, Inertial Upper Stage, and 
        Centaur systems, with an explanation of the respective 
        roles of the Government and the private sector in 
        ensuring mission success and identification of the 
        responsible party (Government or private sector) for 
        each major stage in production and launch of the 
        vehicles.
          (3) A list of all contractors and subcontractors for 
        each of the Titan, Inertial Upper Stage, and Centaur 
        systems and their responsibilities and five-year 
        records for meeting program requirements.
          (4) A comparison of the practices of the Department 
        of Defense and of the National Aeronautics and Space 
        Administration regarding the management and oversight 
        of the procurement and launch of expendable launch 
        vehicles.
          (5) An assessment of whether consolidation in the 
        aerospace industry has affected mission success, 
        including whether cost-saving efforts are having an 
        effect on quality and whether experienced workers are 
        being replaced by less experienced workers for cost-
        saving purposes.
          (6) Recommendations on how Government contracts with 
        launch service companies could be improved to protect 
        the taxpayer, together with the Secretary's assessment 
        of whether the withholding of award and incentive fees 
        is a sufficient incentive to hold contractors to the 
        highest possible quality standards and the Secretary's 
        overall evaluation of the award fee system.
          (7) A short summary of what went wrong technically 
        and managerially in each launch failure and what 
        specific steps are being taken by the Department of 
        Defense and space launch contractors to ensure that 
        those errors do not reoccur.
  (c) Monthly Progress Reports.--During the period between the 
date of the enactment of this Act and December 31, 1999, the 
Secretary shall submit to the specified congressional 
committees monthly progress reports on the investigation of 
those launch failures.
  (d) Specified Congressional Committees.--For purposes of this 
section, the term ``specified congressional committees'' means 
the following:
          (1) The Committee on Armed Services, the Committee on 
        Commerce, Science, and Transportation, the Select 
        Committee on Intelligence, and the Committee on 
        Appropriations of the Senate.
          (2) The Committee on Armed Services, the Committee on 
        Science, the Permanent Select Committee on 
        Intelligence, and the Committee on Appropriations of 
        the House of Representatives.

28. An Amendment To Be Offered by Representative Fowler of Florida, or 
                  a Designee, Debatable for 10 Minutes

  At the end of title X (page 305, after line 5), insert the 
following new section:

SEC. 1040. REPORT ON AIRLIFT REQUIREMENTS TO SUPPORT NATIONAL MILITARY 
                    STRATEGY.

  (a) Report Required.--Not later than June 1, 2000, the 
Secretary of Defense shall submit to Congress a report, in both 
classified and unclassified form, describing the airlift 
requirements necessary to execute the full range of missions 
called for under the National Military Strategy prescribed by 
the Chairman of the Joint Chiefs of Staff under the postures of 
force engagement anticipated through 2015.
  (b) Content of Report.--The report shall address the 
following:
          (1) The identity, size, structure, and capabilities 
        of the airlift requirements necessary for the full 
        range of shaping, preparing, and responding missions 
        demanded under the National Military Strategy.
          (2) The required support and infrastructure required 
        to successfully execute the full range of missions 
        required under the National Military Strategy, on the 
        deployment schedules outlined in the plans of the 
        relevant commanders-in-chief from expected and 
        increasingly dispersed postures of engagement.
          (3) The anticipated effect of enemy use of weapons of 
        mass destruction, other asymmetrical attacks, expected 
        rates of peacekeeping and other contingency missions, 
        and other similar factors on the mobility force and its 
        required infrastructure and on mobility requirements.
          (4) The effect on mobility requirements of new 
        service force structures, such as the Air Force's Air 
        Expeditionary Force and the Army's Strike Force, and 
        any foreseeable force structure modifications through 
        2015.
          (5) The need to deploy forces strategically and 
        employ them tactically using the same airlift platform.
          (6) The need for an increased airlift platform 
        capable of deploying outsize equipment or large volumes 
        of supplies and equipment.
          (7) The anticipated role of host nation, foreign, and 
        coalition airlift support and requirements through 
        2015.
          (8) Alternatives to the current mobility program or 
        required modifications to the 1998 Air Mobility Master 
        Plan update.

29. An Amendment To Be Offered by Representative Gilchrest of Maryland, 
                or a Designee, Debatable for 10 Minutes

  At the end of title X (page 305, after line 5), insert the 
following new section:

SEC. 1040. OPERATIONS OF NAVAL ACADEMY DAIRY FARM.

  Section 6976 of title 10, United States Code, is amended--
          (1) by redesignating subsection (c) as subsection 
        (d); and
          (2) by inserting after paragraph (b) the following 
        new subsection:
  ``(c) Lease Proceeds.--All money received from a lease 
entered into under subsection (b) shall be retained by the 
Superintendent of the Naval Academy and shall be available to 
cover expenses related to the property described in subsection 
(a), including reimbursing nonappropriated fund 
instrumentalities of the Naval Academy.''.
                              ----------                              


     30. An Amendment To Be Offered by Representative Goodling of 
   Pennsylvania, or Representative Traficant of Ohio, or a Designee, 
                        Debatable for 10 Minutes

  At the end of title X (page 305, after line 5), insert the 
following new section:

SEC. 1040. INSPECTOR GENERAL INVESTIGATION OF COMPLIANCE WITH BUY 
                    AMERICAN ACT IN PURCHASES OF FREE WEIGHT STRENGTH 
                    TRAINING EQUIPMENT.

  (a) Investigation Required.--The Inspector General of the 
Department of Defense shall conduct an investigation to 
determine whether the purchases described in subsection (b) are 
being made in compliance with the Buy American Act (41 U.S.C. 
10a et seq.).
  (b) Purchases Covered.--The investigation shall cover 
purchases made during the three-year period ending on the date 
of the enactment of this Act of free weights for use in 
strength training by members of the Armed Forces stationed at 
defense installations located in the United States (including 
its territories and possessions).
  (c) Report.--The Inspector General shall prepare a report for 
the Secretary of Defense on the investigation. Not later than 
six months after the date of the enactment of this Act, the 
Secretary of Defense shall submit to Congress such report, 
together with such additional comments and recommendations as 
the Secretary considers appropriate.
  (d) Definition.--For purposes of this section, the term 
``free weights'' means dumbbells or solid metallic disks 
balanced on crossbars, designed to be lifted for strength 
training or athletic competition.
                              ----------                              


 31. An Amendment To Be Offered by Representative Skelton of Missouri, 
                or a Designee, Debatable for 10 Minutes

  At the end of title X (page 305, after line 5), insert the 
following new section:

SEC. 1040. PERFORMANCE OF THREAT AND RISK ASSESSMENTS.

  Section 1404 of the Defense Against Weapons of Mass 
Destruction Act of 1999 (title XIV of Public Law 105-261; 50 
U.S.C. 2301 note) is amended to read as follows:

``SEC. 1404. THREAT AND RISK ASSESSMENTS.

  ``(a) Threat and Risk Assessments.--(1) Assistance to 
Federal, State, and local agencies provided under the program 
under section 1402 shall include the performance of assessments 
of the threat and risk of terrorist employment of weapons of 
mass destruction against cities and other local areas. Such 
assessments shall be used by Federal, State, and local agencies 
to determine the training and equipment requirements under this 
program and shall be performed as a collaborative effort with 
State and local agencies.
  ``(2) The Department of Justice, as lead Federal agency for 
crisis management in response to terrorism involving weapons of 
mass destruction, shall, through the Federal Bureau of 
Investigation, conduct any threat and risk assessment performed 
under paragraph (1) in coordination with appropriate Federal, 
State, and local agencies, and shall develop procedures and 
guidance for conduct of the threat and risk assessment in 
consultation with officials from the intelligence community.
  ``(3) The President shall identify and make available the 
funds necessary to carry out this section.
  ``(b) Pilot Test.--(1) Before prescribing final procedures 
and guidance for the performance of threat and risk assessments 
under this section, the Attorney General, through the Federal 
Bureau of Investigation, shall conduct a pilot test of any 
proposed method or model by which such assessments are to be 
performed. The Attorney General shall conduct the pilot test in 
coordination with appropriate Federal, State, and local 
agencies.
  ``(2) The pilot test shall be performed in cities or local 
areas selected by the Department of Justice, through the 
Federal Bureau of Investigation, in consultation with 
appropriate Federal, State, and local agencies.
  ``(3) The pilot test shall be completed not later than one 
month after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2000.''.
                              ----------                              


  32. An Amendment To Be Offered By Representative Hobson of Ohio or 
  Representative Hall of Ohio, or a Designee, Debatable for 10 Minutes

  At the end of title XI (page 307, after line 13), insert the 
following new section:

SEC 1104. TEMPORARY AUTHORITY TO PROVIDE EARLY RETIREMENT AND 
                    SEPARATION INCENTIVES FOR CERTAIN CIVILIAN 
                    EMPLOYEES.

  (a) Early Retirement Incentive.--(1) An employee of the 
Department of Defense is entitled to an annuity under chapter 
83 or 84 of title 5, United States Code, as applicable, if the 
employee--
          (A) has been employed continuously by the Department 
        of Defense for more than 30 days before the date that 
        the Secretary of Defense made the determination under 
        subparagraph (D);
          (B) is serving under an appointment that is not time-
        limited;
          (C) is not in receipt of a decision notice of 
        involuntary separation for misconduct or unacceptable 
        performance;
          (D) is separated voluntarily;
          (E) has completed 25 years of service or is at least 
        50 years of age and has completed 20 years of service; 
        and
          (F) retires under this subsection before October 1, 
        2000.
  (2) As used in this subsection, the terms ``employee'' and 
``annuity'' shall have the same meaning as the meaning of those 
terms as used in chapters 83 and 84 of title 5, United States 
Code, as applicable.
  (b) Voluntary Separation Incentive.--(1) The Secretary of 
Defense may, to restructure the workforce to meet mission 
needs, correct skill imbalances, or reduce high-grade, 
managerial, or supervisory positions, offer separation pay to 
an employee under this subsection subject to such limitations 
or conditions as the Secretary may require. Such separation 
pay--
          (A) shall be paid, at the option of the employee, in 
        a lump sum or equal installment payments;
          (B) shall be equal to the lesser of--
                  (i) an amount equal to the amount the 
                employee would be entitled to receive under 
                section 5595(c) of title 5, United States Code, 
                if the employee were entitled to payment under 
                such section; or
                  (ii) $25,000;
          (C) shall not be a basis for payment, and shall not 
        be included in the computation, of any other type of 
        Government benefit;
          (D) shall not be taken into account for purposes of 
        determining the amount of any severance pay to which an 
        individual may be entitled under section 5595 of title 
        5, United States Code, based on any other separation; 
        and
          (E) shall terminate, upon reemployment in the Federal 
        Government, during receipt of installment payments.
  (2) For purposes of this subsection, the term ``employee'' 
means an employee serving under an appointment without time 
limitation, who has been currently employed for a continuous 
period of at least 12 months, except that such term does not 
include--
          (A) a reemployed annuitant under subchapter III of 
        chapter 83, chapter 84, or another retirement system 
        for employees of the Government; or
          (B) an employee having a disability on the basis of 
        which such employee is or would be eligible for 
        disability retirement under any of the retirement 
        systems referred to in subparagraph (A).
  (c) Additional Contributions to Retirement Fund.--(1) In 
addition to any other payments which it is required to make 
under subchapter III of chapter 83 of title 5, United States 
Code, the Department of Defense shall remit to the Office of 
Personnel Management for deposit in the Treasury of the United 
States to the credit of the Civil Service Retirement and 
Disability Fund an amount equal to 26 percent of the final 
basic pay of each employee of the Department of Defense who is 
covered under subchapter III of chapter 83 or chapter 84 of 
title 5, United States Code, to whom a voluntary separation 
incentive has been paid under this section.
  (2) For purposes of this subsection, the term ``final basic 
pay'', with respect to an employee, means the total amount of 
basic pay which would be payable for a year of service by such 
employee, computed using the employee's final rate of basic 
pay, with appropriate adjustments if the employee last served 
on other than a full-time basis.
  (d) Applicability.--The provisions in this section shall only 
apply with respect to a civilian employee of the Department of 
Defense who--
          (1) is employed at the military base designated by 
        the Secretary of Defense under subsection (e), or who 
        is identified by the Secretary as part of a competitive 
        area of the civilian personnel service population of 
        such military base, during the period beginning on 
        October 1, 1999, and ending on October 1, 2000;
          (2) is one of 300 employees designated by the 
        Secretary of the military department with jurisdiction 
        over the designated base; and
          (3) elects to receive an annuity or separation 
        incentive pursuant to such provisions during such 
        period.
  (e) Designation of Military Base.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of 
Defense shall designate a military base to which the provisions 
of this section shall apply. The base designated by the 
Secretary shall--
          (1) be a base that is undergoing a major workforce 
        restructuring to meet mission needs, correct skill 
        imbalances, or reduce high-grade, managerial, 
        supervisory, or similar positions; and
          (2) employ the largest number of scientists and 
        engineers of any other base of the military department 
        that has jurisdiction over the base.
                              ----------                                



 33. An Amendment To Be Offered by Representative Ortiz of Texas, or a 
                   Designee, Debatable for 10 Minutes

  At the end of title XI (page 307, after line 13), insert the 
following new section:

SEC. 1104. EXTENSION OF AUTHORITY TO CONTINUE HEALTH INSURANCE COVERAGE 
                    FOR CERTAIN DEPARTMENT OF DEFENSE EMPLOYEES.

  (a) Extension of Authority.--Clauses (i) and (ii) of section 
8905a(d)(4)(B) of title 5, United States Code, are amended to 
read as follows:
          ``(i) October 1, 2003; or
          ``(ii) February 1, 2004, if specific notice of such 
        separation was given to such individual before October 
        1, 2003.''.
  (b) Offset.--Of the amount authorized to be appropriated in 
section 301(5) for Defense-wide activities--
          (1) $9,100,000 shall be available to continue health 
        insurance coverage pursuant to the authority provided 
        in section 8905a(d)(4)(B) of title 5, United States 
        Code (as amended by subsection (a)); and
          (2) the amount available for the Defense Contract 
        Audit Agency shall be reduced by $9,100,000.
                              ----------                              


  34. An Amendment To Be Offered by Representative Ney of Ohio, or a 
                   Designee, Debatable for 10 Minutes

  At the end of title XII (page 317, after line 17), insert the 
following new section:

SEC. 1206. ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S REPUBLIC OF 
                    CHINA.

  (a) Annual Report.--The Secretary of Defense shall prepare an 
annual report, in both classified and unclassified form, on the 
current and future military strategy and capabilities of the 
People's Republic of China. The report shall address the 
current and probable future course of military-technological 
development in the People's Liberation Army and the tenets and 
probable development of Chinese grand strategy, security 
strategy, and military strategy, and of military organizations 
and operational concepts, through 2020.
  (b) Matters To Be Included.--The report shall include 
analyses and forecasts of the following:
          (1) The goals of Chinese grand strategy, security 
        strategy, and military strategy.
          (2) Trends in Chinese political grand strategy meant 
        to establish the People's Republic of China as the 
        leading political power in the Asia-Pacific region and 
        as a political and military presence in other regions 
        of the world.
          (3) The size, location, and capabilities of Chinese 
        strategic, land, sea, and air forces.
          (4) Developments in Chinese military doctrine, 
        focusing on (but not limited to) efforts to exploit a 
        transformation in military affairs or to conduct 
        preemptive strikes.
          (5) Efforts, including technology transfers and 
        espionage, by the People's Republic of China to 
        develop, acquire, or gain access to information, 
        communication, space, and other advanced technologies 
        that would enhance military capabilities.
  (c) Submission of Report.--The report under this section 
shall be submitted to Congress not later than March 15 each 
year.
                              ----------                              


35. An Amendment To Be Offered by Representative Boehlert of New York, 
                or a Designee, Debatable for 10 Minutes

  In the table in section 2301(a) (page 339, after line 18), 
insert an item relating to the Rome Research Site, New York, in 
the amount of $12,800,000, and strike the amount identified as 
the total in the amount column and insert ``$645,070,000''.
  Page 342, line 21, strike ``$1,874,053,000'' and insert 
``$1,886,853,000''.
  Page 343, line 3, strike ``$602,270,000'' and insert 
``$615,070,000''.

  At the end of title XXIII (page 344, after line 10), insert 
the following new section:

SEC. 2305. PLAN FOR COMPLETION OF PROJECT TO CONSOLIDATE AIR FORCE 
                    RESEARCH LABORATORY, ROME RESEARCH SITE, NEW YORK.

  (a) Plan Required.--Not later than January 1, 2000, the 
Secretary of the Air Force shall submit to Congress a plan for 
the completion of multi-phase efforts to consolidate research 
and technology development activities conducted at the Air 
Force Research Laboratory located at the Rome Research Site at 
former Griffiss Air Force Base in Rome, New York. The plan 
shall include details on how the Air Force will complete the 
multi-phase construction and renovation of the consolidated 
building 2/3 complex at the Rome Research Site, by January 1, 
2005, including the cost of the project and options for 
financing it.
  (b) Relation to State Contributions.--Nothing in this section 
shall be construed to limit or expand the authority of the 
Secretary of a military department to accept funds from a State 
for the purpose of consolidating military functions within a 
military installation.
                              ----------                              


36. An Amendment To Be Offered by Representative Ose of California, or 
                  a Designee, Debatable for 10 Minutes

  At the end of part III of subtitle D of title XXVIII (page 
399, after line 7), insert the following new section:

SEC. 2865. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER, 
                    CALIFORNIA.

  (a) Conveyance Authorized.--Consistent with applicable laws, 
including section 120 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9620), the Secretary of the Air Force may convey, without 
consideration, to the Regents of the University of California, 
acting on behalf of the University of California, Davis (in 
this section referred to as the ``Regents''), all right, title, 
and interest of the United States in and to the parcel of real 
property, including improvements thereon, consisting of the 
McClellan Nuclear Radiation Center, California.
  (b) Inspection of Property.--The Secretary shall, at an 
appropriate time before the conveyance authorized by subsection 
(a), permit the Regents access to the property to be conveyed 
for purposes of such investigation of the McClellan Nuclear 
Radiation Center and the atomic reactor located at the Center 
as the Regents consider appropriate.
  (c) Hold Harmless.--(1)(A) The Secretary may not make the 
conveyance authorized by subsection (a) unless the Regents 
agree to indemnify and hold harmless the United States for and 
against the following:
          (i) Any and all costs associated with the 
        decontamination and decommissioning of the atomic 
        reactor at the McClellan Nuclear Radiation Center under 
        requirements that are imposed by the Nuclear Regulatory 
        Commission or any other appropriate Federal or State 
        regulatory agency.
          (ii) Any and all injury, damage, or other liability 
        arising from the operation of the atomic reactor after 
        its conveyance under this section.
  (B) The Secretary may pay the Regents an amount not exceed 
$17,593,000 as consideration for the agreement under 
subparagraph (A). Notwithstanding subsection (b) of section 
2906 of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
note), the Secretary may use amounts appropriated pursuant to 
the authorization of appropriation in section 2405(a)(7) to 
make the payment under this subparagraph.
  (2) Notwithstanding the agreement under paragraph (1), the 
Secretary may, as part of the conveyance authorized by 
subsection (a), enter into an agreement with the Regents under 
which agreement the United States shall indemnify and hold 
harmless the University of California for and against any 
injury, damage, or other liability in connection with the 
operation of the atomic reactor at the McClellan Nuclear 
Radiation Center after its conveyance under this section that 
arises from a defect in the atomic reactor that could not have 
been discovered in the course of the inspection carried out 
under subsection (b).
  (d) Continuing Operation of Reactor.--Until such time as the 
property authorized to be conveyed by subsection (a) is 
conveyed by deed, the Secretary shall take appropriate actions, 
including the allocation of personnel, funds, and other 
resources, to ensure the continuing operation of the atomic 
reactor located at the McClellan Nuclear Radiation Center in 
accordance with applicable requirements of the Nuclear 
Regulatory Commission and otherwise in accordance with law.
  (e) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to 
the Secretary. The cost of the survey shall be borne by the 
Secretary.
  (f) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States.
                              ----------                              


    37. An Amendment To Be Offered by Representative Scarborough of 
            Florida, or a Designee, Debatable for 10 Minutes

  At the end of section 3162 (page 445, after line 17), insert 
the following:
  (d) Additional Agency Contributions to the Retirement Fund.--
For purposes of this section, the requirement of an agency 
remittance of an amount equal to 15 percent in paragraph (1) of 
section 663(d) of the Treasury, Postal Service, and General 
Government Appropriations Act, 1997 (Public Law 104-208; 110 
Stat. 3009-383; 5 U.S.C. 5597 note) shall be deemed to be a 
requirement of an agency remittance of an amount equal to 26 
percent.

  38. An Amendment To Be Offered by Representative McIntyre of North 
           Carolina, or a Designee, Debatable for 10 Minutes

  At the end of title XXXI (page 453, after line 15), insert 
the following new section:

SEC. 3167. TECHNOLOGY TRANSFER COORDINATION FOR DEPARTMENT OF ENERGY 
                    NATIONAL LABORATORIES.

  (a) Technology Transfer Coordination.--Within 90 days after 
the date of the enactment of this Act, the Secretary of Energy 
shall ensure, for each national laboratory, the following:
          (1) Consistency of technology transfer policies and 
        procedures with respect to patenting, licensing, and 
        commercialization.
          (2) That the contractor operating the national 
        laboratory make available to aggrieved private sector 
        entities a range of expedited alternate dispute 
        resolution procedures (including both binding and 
        nonbinding procedures) to resolve disputes that arise 
        over patents, licenses, and commercialization 
        activities, with costs and damages to be provided by 
        the contractor to the extent that any such resolution 
        attributes fault to the contractor.
          (3) That for any dispute described in paragraph (2), 
        the contractor operating the national laboratory allow 
        the aggrieved private sector entity to select whether 
        to use an expedited alternate dispute resolution 
        procedure and, if so, whether to use a binding or 
        nonbinding procedure, and that the contractor agree to 
        be subject to (and, if applicable, bound by) that 
        selection.
          (4) That the contractor operating the national 
        laboratory submit an annual report to the Secretary, as 
        part of the annual performance evaluation of the 
        contractor, on technology transfer and intellectual 
        property successes, current technology transfer and 
        intellectual property disputes involving the 
        laboratory, and progress toward resolving those 
        disputes.
          (5) Training to ensure that laboratory personnel 
        responsible for patenting, licensing, and 
        commercialization activities are knowledgeable of the 
        appropriate legal, procedural, and ethical standards.
  (b) Definition of National Laboratory.--As used in this 
section, the term ``national laboratory'' means any of the 
following laboratories:
          (1) The Los Alamos National Laboratory, Los Alamos, 
        New Mexico.
          (2) The Lawrence Livermore National Laboratory, 
        Livermore, California.
          (3) The Sandia National Laboratories, Albuquerque, 
        New Mexico, and Livermore, California.
                              ----------                              


39. An Amendment To Be Offered by Representative Wilson of New Mexico, 
                or a Designee, Debatable for 10 Minutes

  Page 452, line 22, strike ``subsection (c)'' and all that 
follows through ``indicates'' on line 24 and insert 
``subsection (c), notwithstanding Rule 6(e) of the Federal 
Rules of Criminal Procedure, that the Secretary has received 
information indicating''.
  Page 453, strike lines 7 through line 10 and insert the 
following:
  (c) Specified Committees.--The committees referred to in 
subsection (a) are the following:
          (1) The Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
          (2) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.

                                  
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