[House Report 106-621]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-621
======================================================================
PROVIDING FOR THE CONSIDERATION OF H.R. 4205, NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2001
_______
May 17 (legislative day, May 16), 2000.--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. 503]
The Committee on Rules, having had under consideration
House Resolution 503, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of H.R. 4205,
the National Defense Authorization Act for FY 2001, 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 rule waives all points of order against consideration
of the bill. The rule provides that it shall be in order to
consider as an original bill for the purpose of amendment, the
amendment in the nature of a substitute recommended by the
Committee on Armed Services now printed in the bill. The rule
waives all points of order against the committee amendment in
the nature of a substitute. The rule further provides that no
amendment to the committee amendment in the nature of a
substitute shall be in order except those printed in this
report or specified by a subsequent order of the House,
amendments en bloc described in section 3 of the resolution,
and pro forma amendments offered by the chairman or ranking
minority member of the Committee on Armed Services for the
purpose of debate.
The rule provides that, except as specified in section 5 of
the resolution, each amendment printed in this report shall be
considered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, and shall not be subject to a demand for
division of the question in the House or in the Committee of
the Whole. The rule further provides that, 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 debate on any
pending amendment).
The rule waives all points of order against the amendments
printed in this report or amendments en bloc described in
section 3 of the resolution. The rule provides that it shall be
in order at any time for the chairman of the Committee on Armed
Services or his designee to offer amendments en bloc consisting
of amendments printed in this report not earlier disposed of or
germane modifications of any such amendment, which shall be
considered as read (except that modifications shall be
reported), shall be debatable for 40 minutes equally divided
and controlled by the chairman and ranking minority member of
the Committee on Armed Services or their designees, shall not
be subject to amendment, and shall not be subject to a demand
for a division of the question in the House or in the Committee
of the Whole. The rule provides that, for the purpose 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 rule further provides that the original
proponent of an amendment included in such amendments en bloc
may insert a statement in the Congressional Record immediately
before the disposition of the amendments en bloc.
The rule allows the Chairman of the Committee of the Whole
to postpone votes during consideration of the bill and to
reduce voting time 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 the
consideration of any amendment printed in this report out of
the order printed, but not sooner than one hour after the
chairman of the Committee on Armed Services or a designee
announces from the floor a request to that effect. Finally, the
rule provides that, after disposition of the amendments printed
in this report, the Committee of the Whole shall rise without
motion and no further consideration of the bill shall be in
order except pursuant to a subsequent order of the House.
summary of amendments made in order under the rule on h.r. 4205--
national defense authorization act, fy 2001
1. Kasich/Shays/Frank/Condit/Bachus: Makes the U.S. ground
forces in Kosovo conditional on presidentially-certified
progress by our European allies. Requires the President, before
April 1, 2001, to submit a report on commitment and delivery of
certain types of aid to Kosovo by the European Commission,
members of the European Union, and European members of NATO.
The President must also certify by that date that these nations
and organizations have met a specified percentage of their aid
pledges. (60 minutes)
2. Frank/Luther: Reduces the total Defense authorization by
1% from the amount proposed in the bill. In carrying out such a
reduction, no cuts can be made in the operations and
maintenance accounts or from personnel accounts. (20 minutes)
3. Dreier/Skelton/Gilman/Tauscher: Shortens the waiting
period from 180 days to 60 days for Congress to review a
proposed adjustment in the performance level that defines high-
speed computers and excludes any days in which the House or
Senate is in sine die adjournment. (40 minutes)
4. Luther/Ramstad/Frank: Concludes further production of
the Trident II (D-5) submarine-launched ballistic missile. (10
minutes)
5. Hunter: Requires the Secretary of Defense to submit a
report detailing the economic analysis on the benefits of
incrementally funding the CVN(X) class of carriers and the LHD
class of ships. (10 minutes)
6. Underwood: Defines the term ``United States'' in a
geographic sense to mean ``the 50 states, the District of
Columbia, and any Commonwealth, territory, or possession of the
United States'' for the scope of the reports required by
section 233, which requires reports on the ballistic missile
threat posed by North Korea. (10 minutes)
7. Hansen: Clarifies that section 312 of the bill is
intended only to protect future flexibility of DoD airspace to
accomplish low-level training. (10 minutes)
8. McKeon: Funds a study, plan and design for clean-up of
perchlorates in the City of Santa Clarita, California,
resulting from munitions development and production for the
Department of Defense. (10 minutes)
9. Fowler: Clarifies that the Secretary of Defense may
delegate the authority to submit reports required by Section
364 only to the Deputy Undersecretary of Defense of
Installations or his superiors in the DoD. (10 minutes)
10. Sanford: Eliminates 10 U.S.C. Sec. 381 and 10 U.S.C.
2576a which authorize the Secretary of Defense to convey
surplus military property to local governments at less than
fair market prices. (10 minutes)
11. Buyer: Makes technical corrections to the Army National
Guard's selective reserve, active-guard and reserve (AGR), and
military technician (dual status) end strengths for fiscal year
2001. (10 minutes)
12. Camp: Authorizes service Secretaries to specify a later
time of death for disability retirement purposes for members of
the armed services who die in civilian medical facilities. The
amendment requires that the time of death determined by the
service Secretary be consistent with the time of death that
would be determined if the member had died in a military
facility which shall not be later than 48 hours after the time
of death determined by the civilian medical facility. (10
minutes)
13. Stearns: Makes coverage and reimbursement for physical
and occupational therapy by TRICARE comparable to other
entities providing the same benefits. (10 minutes)
14. Stenholm/Thune: Improves access to health care under
the TRICARE system by eliminating non-availability statements
(NAS) and pre-authorization requirements for TRICARE standard
beneficiaries to receive care; and eliminates the requirement
for an NAS to receive care specialized treatment facilities
outside the 200 miles radius of a military facility. (10
minutes)
15. Velazquez: Directs the Secretary of Defense to conduct
a comprehensive study on contract bundling and its effects on
small business, and develop a database containing information
on all bundled contract. (10 minutes)
16. Traficant: Requires that expenditures made under the
bill conform to the Buy American Act and expresses the Sense of
Congress that entities spending funds made available through
the bill purchase American-made goods where possible and
establishes penalties for fraudulently labeling an item as
``Made in America''. (10 minutes)
17. Bereuter: Streamlines the DoD's management of all five
Regional Centers for Strategic Studies in various parts of the
world; consolidates existing authority to waive reimbursement
of certain costs; and authorizes the employment and
compensation of Regional Center directors, faculty and staff at
competitive rates. (10 minutes)
18. Coburn: Requires the Secretary of Defense to develop,
no later than October 1, 2000, a comprehensive plan to ensure
full compliance by the DoD with all statutory and regulatory
financial management requirements applicable to the Department.
(10 minutes)
19. Gilchrest: Urges the Secretary of Defense to pursue
funding for five additional Weapons of Mass Destruction Civil
Support Teams (WMD-CST) which will result in a total of 32 WMD-
CST's nationwide by the end of fiscal year 2001. (10 minutes)
20. Traficant: Assigns, at the request of the Attorney
General and the Secretary of the Treasury, military personnel
to assist in patrolling our borders for weapons of mass
destruction, illegal narcotics, and other terrorist or drug
trafficking itmes. (10 minutes)
21. Weldon (FL): Establish a commission to review the
future of the American aerospace industry. (10 minutes)
22. Miller, Gary: Expresses the Sense of Congress that the
DoD must focus on upgrading information technology systems to
allow seamless and interoperable communications. (10 minutes)
23. Hall (OH)/Hobson: Creates a three-year pilot program
permitting the Air Force to offer early outs and retirement
bonuses to up to 1,000 employees each year for the purpose of
maintaining continuity of skills among employees and to hire
workers with critically needed technical skills. (10 minutes)
24. Hunter: Requires the Secretary of Defense to submit a
report regarding the cost associated with Operation Allied
Force. (10 minutes)
25. Skelton: Requires the Comptroller General to conduct a
study on the value to American national security interests of
the engagement of our military forces in Europe and from
military strategies employed to shape the international
security environment in Europe. (10 minutes)
26. Fowler: Expresses the Sense of Congress that the
Secretary of Defense has not complied with the requirements in
the bill which require him to publish and update a list of
Communist Chinese military companies operating in the U.S. (10
minutes)
27. Largent: Strikes subsection 2 of Section 2813 which
authorizes the competitive privatization of military utilities
distribution patterns. (10 minutes)
28. Ryun: Enables the Dept. of the Army and the Kansas
Commission on Veterans Affairs to agree to a transfer of
property at Ft. Riley, KS for the purpose of establishing a
State-operated veterans cemetery. (10 minutes)
29. Baird: Provides for the transfer of the U.S. Army
Barracks at Fort Vancouver in Washington to the City of
Vancouver. (10 minutes)
30. Hefley: Authorizes the Secretary of the Air Force to
convey, without consideration, or to lease approximately 23
acres at the former Lowry Air Force Base, Colorado, to the
Lowry Redevelopment Authority for the furtherance of economic
development and other public purposes. (10 minutes)
31. Hastings (WA): Designate the tank waste remediation
system environmental project in Richland, Washington as the
``River Protection Project''. (10 minutes)
32. Hayes: Ensures that Section 3157 of the National
Defense Authorization Act of 1998 is consistent with Section
1211 of that same Act regarding export control thresholds for
computer exports to Tier III countries. (10 minutes)
33. Udall (CO) Allows DoE to authorize additional
accumulation of annual leave; payment of lump-sum retention
allowances; details of employees to other duties; and voluntary
separation incentive payments. (10 minutes)
34. Lampson: Amends the Maritime Administration (MARAD)
section of the bill to release a promissory note of $196,490.75
to MARAD, provided the Offshore Energy Center continues to
operate the rig as a public museum. (10 minutes)
35. Bryant: Amends the section of the bill creating a new
sentence in the Uniform Code of Military Justice (UCMJ) of life
without parole and clarifies that Congress' intent in creating
a life without parole sentence in the UCMJ was that clemency
would not apply. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Kasich of Ohio, or
Representative Shays of Connecticut, or a Designee, Debatable for 60
Minutes
At the end of title XII (page 338, after line 13), insert the
following new section:
SEC. 1205. ACTIVITIES IN KOSOVO.
(a) Contingent Required Withdrawal of Forces From Kosovo.--If
the President does not submit to Congress a certification under
subsection (c) and a report under subsection (d) before April
1, 2001, then, effective on April 1, 2001, funds appropriated
or otherwise made available to the Department of Defense may
not be obligated or expended for the continued deployment of
United States ground combat forces in Kosovo. Such funds shall
be available with respect to Kosovo only for the purpose of
conducting a safe, orderly, and phased withdrawal of United
States ground combat forces from Kosovo, and no other amounts
appropriated for the Department of Defense in this Act or any
other Act may be obligated to continue the deployment of United
States ground combat forces in Kosovo. In that case, the
President shall submit to Congress, not later than April 30,
2001, a report on the plan for the withdrawal.
(b) Waiver Authority.--(1) The President may waive the
provisions of subsection (a) for a period or periods of up to
90 days each in the event that--
(A) United States Armed Forces are involved in
hostilities in Kosovo or imminent involvement by United
States Armed forces in hostilities in Kosovo is clearly
indicated by the circumstances; or
(B) the North Atlantic Treaty Organization, acting
through the Supreme Allied Commander, Europe, requests
emergency introduction of United States ground forces
into Kosovo to assist other NATO or non-NATO military
forces involved in hostilities or facing imminent
involvement in hostilities.
(2) The authority in paragraph (1) may not be exercised more
than twice unless Congress by law specifically authorizes the
additional exercise of that authority.
(c) Certification.--(1) Whenever the President determines
that the Kosovo burdensharing goals set forth in paragraph (2)
have been achieved, the President shall certify in writing to
Congress that those goals have been achieved.
(2) The Kosovo burdensharing goals referred to in paragraph
(1) are that the European Commission, the member nations of the
European Union, and the European member nations of the North
Atlantic Treaty Organization have, in the aggregate--
(A) obligated or contracted for at least 50 percent
of the amount of the assistance that those
organizations and nations committed to provide for 1999
and 2000 for reconstruction in Kosovo;
(B) obligated or contracted for at least 85 percent
of the amount of the assistance that those
organizations and nations committed for 1999 and 2000
for humanitarian assistance in Kosovo;
(C) provided at least 85 percent of the amount of the
assistance that those organizations and nations
committed for 1999 and 2000 for the Kosovo Consolidated
Budget; and
(D) deployed at least 90 percent of the number of
police, including special police, that those
organizations and nations pledged for the United
Nations international police force for Kosovo.
(d) Report on Commitments and Pledges by Other Nations and
Organizations.--The President shall submit to Congress a report
containing detailed information on--
(1) the commitments and pledges made by the European
Commission, each of the member nations of the European
Union, and each of the European member nations of the
North Atlantic Treaty Organization for reconstruction
assistance in Kosovo, humanitarian assistance in
Kosovo, the Kosovo Consolidated Budget, and police
(including special police) for the United Nations
international police force for Kosovo;
(2) the amount of assistance that has been provided
in each category, and the number of police that have
been deployed to Kosovo, by each such organization or
nation; and
(3) the full range of commitments and
responsibilities that have been undertaken for Kosovo
by the United Nations, the European Union, and the
Organization for Security and Cooperation in Europe
(OSCE), the progress made by those organizations in
fulfilling those commitments and responsibilities, an
assessment of the tasks that remain to be accomplished,
and an anticipated schedule for completing those tasks.
(e) Construction of Section.--Nothing in this section shall
be deemed to restrict the authority of the President under the
Constitution to protect the lives of United States citizens.
----------
2. An Amendment To Be Offered by Representative Frank of Massachusetts,
or Representative Luther of Minnesota, or a Designee, Debatable for 20
Minutes
At the end of subtitle A of title X (page 302, after line
11), insert the following new section:
SEC. 1006. ONE PERCENT REDUCTION IN FUNDING.
The total amount obligated from amounts appropriated pursuant
to authorizations of appropriations in this Act may not exceed
the amount equal to the sum of such authorizations reduced by
one percent. In carrying out reductions required by the
preceding sentence, no reduction may be made from amounts
appropriated for operation and maintenance or from amounts
appropriated for military personnel.
----------
3. An Amendment To Be Offered by Representative Dreier of California,
or Representative Skelton of Missouri, or a Designee, Debatable for 40
Minutes
At the end of title XII (page 338, after line 13), add the
following:
SEC. 1205. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS OF
HIGH PERFORMANCE COMPUTERS.
(a) Layover Period for New Performance Levels.--Section 1211
of the National Defense Authorization Act for Fiscal Year 1998
(50 U.S.C. app. 2404 note) is amended--
(1) in the second sentence of subsection (d), by
striking ``180'' and inserting ``60''; and
(2) by adding at the end the following:
``(g) Calculation of 60-Day Period.--The 60-day period
referred to in subsection (d) shall be calculated by excluding
the days on which either House of Congress is not in session
because of an adjournment of the Congress sine die.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to any new composite theoretical performance level
established for purposes of section 1211(a) of the National
Defense Authorization Act for Fiscal Year 1998 that is
submitted by the President pursuant to section 1211(d) of that
Act on or after the date of the enactment of this Act.
----------
4. An Amendment To Be Offered by Representative Luther of Minnesota, or
Representative Ramstad of Minnesota, or a Designee
At the end of subtitle C of title I (page 27, after line 24),
insert the following new section:
SEC. ____. DISCONTINUATION OF PRODUCTION OF TRIDENT II (D-5) MISSILES.
(a) Production Termination.--Funds appropriated for the
Department of Defense for fiscal years after fiscal year 2001
may not be obligated or expended to commence production of
additional Trident II (D-5) missiles.
(b) Authorized Scope of Trident II (D-5) Program.--Amounts
appropriated for the Department of Defense may be expended for
the Trident II (D-5) missile program only for the completion of
production of those Trident II (D-5) missiles which were
commenced with funds appropriated for a fiscal year before
fiscal year 2002.
(c) Funding Reduction.--The amount provided in section 102
for weapons procurement for the Navy is hereby reduced by
$472,900,000.
----------
5. An Amendment To Be Offered by Representative Hunter of California,
or a Designee
At the end of subtitle C of title I (page 27, after line 24),
insert the following new section:
SEC. 125. ECONOMIC ANALYSIS OF CERTAIN SHIPBUILDING PROGRAMS.
(a) Economic Analysis.--The Secretary of Defense, in
consultation with the Secretary of the Navy, shall conduct an
economic analysis--
(1) on the benefits of spreading the budget for the
CVN(X) class of aircraft carriers over a six-year
period, or the optimum number of years, to provide a
stable budget; and
(2) on the program profile and the budget for the
next LHD of the class over a three-year period, or the
optimum number of years, beginning in fiscal year 2002.
(b) Submission to Congressional Committees.--The Secretary
shall submit the analysis to the congressional defense
committees not later than February 1, 2001. The analysis shall
include the following:
(1) The economic effect of stabilizing the annual
budget process for the Shipbuilding and Conversion,
Navy, account by dividing the expected total funding
for each class of ship and spreading it equally over
six years, or the optimum number of years and funding
profile, for the CVN(X) class, and three years, or the
optimum profile, for the LHD class.
(2) The benefits the budgeting method described in
paragraph (1) could have on providing greater budget
and production stability in other shipbuilding programs
in the plan.
(3) A determination as to whether such budgeting
method would facilitate the ability of the Navy to
acquire vessels in those classes less expensively and
when needed.
(4) The effect of entering into a contract with the
shipbuilder in the year in which the first increment of
funding is provided and the potential cost savings to
the program as a result of the shipbuilder having
greater certainty and stability in the planning and
production schedule.
(5) A recommendation on the safeguards that would
have to be put in place to preclude reprogramming of
funds for those programs.
(6) A list of all laws, regulations, and other
impediments that would have to be amended or modified
to effectively implement such a funding approach for
those ship classes.
----------
6. An Amendment To Be Offered by Delegate Underwood of Guam, or a
Designee
Page 40, line 14, strike ``50 States'' and insert ``United
States''.
Page 41, after line 15, insert the following:
(c) Definition.--For purposes of this section, the term
``United States'', when used in a geographic sense, means the
50 States, the District of Columbia, and any Commonwealth,
territory, or possession of the United States.
----------
7. An Amendment To Be Offered by Representative Hansen of Utah, or a
Designee
Page 51, line 13, strike the period at the end and insert the
following: ``for such special use airspace and the use of such
special use airspace established in such environmental impact
statements.''.
Page 51, lines 14 and 15, strike ``of Network'' and insert
``for Low-Level Flight Training''.
----------
8. An Amendment To Be Offered by Representative McKeon of California,
or a Designee
At the end of subtitle B of title III (page 53, after line
12), insert the following new section:
SEC. ____. FINDINGS AND SENSE OF CONGRESS REGARDING ENVIRONMENTAL
RESTORATION OF FORMER DEFENSE MANUFACTURING SITE,
SANTA CLARITA, CALIFORNIA.
(a) Findings.--The Congress finds the following:
(1) A former private sector munitions plant may have
demonstratively impacted the environment of a 1,000-
acre site in Santa Clarita, California.
(2) Munitions and rocket propellant manufactured at
this site for over 60 years may have contributed to
various contaminants including, but not limited to,
perchlorates and various volatile organic compounds.
(3) The munitions plant used materials and production
methods in support of purchase orders from the
Department of Defense to meet the national security
interests of the United States at the time.
(4) The Santa Clarita site serves a unique role in
the future of the community and is the cornerstone to
many public benefits, including reduction in
transportation congestion, access to much-needed
schools, future local government centers, assurance of
quality drinking water, more than 400 acres of public
space, and affordable housing.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) every effort should be made to apply all known
public and private sector innovative technologies to
restore the Santa Clarita site to productive use; and
(2) the experience gained from this site by the
private and public sector partnerships has the
potential to pay dividends many times over.
----------
9. An Amendment To Be Offered by Representative Fowler of Florida, or a
Designee
Page 80, line 14, insert ``only'' after ``may be delegated''.
Page 81, line 15, insert before the period the following:
``or to an official in the Office of the Secretary of Defense
senior to that Deputy Under Secretary''.
----------
10. An Amendment To Be Offered by Representative Sanford of South
Carolina, or a Designee
At the end of title III (page 82, after line 14), insert
the following new section:
SEC. ____. REPEAL OF AUTHORITY FOR LESS-THAN-FAIR-MARKET-VALUE
TRANSFERS OF PROPERTY FOR LAW ENFORCEMENT
ACTIVITIES.
(a) Provisions Repealed.--Sections 381 and 257a of title
10, United States Code, are repealed.
(b) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 18 of such title is amended by striking
the item relating to section 381.
(2) The table of sections at the beginning of chapter 153
of such title is amended by striking the item relating to
section 2576a.
----------
11. An Amendment To Be Offered by Representative Buyer of Indiana, or a
Designee
Page 83, line 23, strike ``350,526'' and insert ``350,706''.
Page 85, line 11, strike ``22,974'' and insert ``23,154''.
Page 86, line 2, strike ``23,129'' and insert ``23,392''.
----------
12. An Amendment To Be Offered by Representative Camp of Michigan, or a
Designee
At the end of subtitle D of title VI (page 199, after line
10), insert the following new section:
SEC. 643. EFFECTIVE DATE OF DISABILITY RETIREMENT FOR MEMBERS DYING IN
CIVILIAN MEDICAL FACILITIES.
(a) In General.--(1) Chapter 61 of title 10, United States
Code, is amended by inserting after section 1219 the following
new section:
``Sec. 1220. Members dying in civilian medical facilities: authority
for determination of later time of death to allow
disability retirement
``(a) Authority for Later Time-of-Death Determination To
Allow Disability Retirement.--In the case of a member of the
armed forces who dies in a civilian medical facility in a
State, the Secretary concerned may, solely for the purpose of
allowing retirement of the member under section 1201 or 1204 of
this title and subject to subsection (b), specify a date and
time of death of the member later than the date and time of
death determined by the attending physician in that civilian
medical facility.
``(b) Limitations.--A date and time of death may be
determined by the Secretary concerned under subsection (a) only
if that date and time--
``(1) are consistent with the date and time of death
that reasonably could have been determined by an
attending physician in a military medical facility if
the member had died in a military medical facility in
the same State as the civilian medical facility; and
``(2) are not more than 48 hours later than the date
and time of death determined by the attending physician
in the civilian medical facility.
``(c) State Defined.--In this section, the term `State'
includes the District of Columbia and any Commonwealth or
possession of the United States.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1219
the following new item:
``1220. Members dying in civilian medical facilities: authority for
determination of later time of death to allow disability
retirement.''.
(b) Effective Date.--(1) Section 1220 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to any member of the Armed Forces dying in a civilian
medical facility on or after January 1, 1998.
(2) In the case of any such member dying on or after such
date and before the date of the enactment of this Act, any
specification by the Secretary concerned under such section
with respect to the date and time of death of such member shall
be made not later than 180 days after the date of the enactment
of this Act.
----------
13. An Amendment To Be Offered by Representative Stearns of Florida, or
a Designee
At the end of title VII (page 247, after line 9), insert the
following new section:
SEC. 7____. STUDY ON COMPARABILITY OF COVERAGE FOR PHYSICAL, SPEECH,
AND OCCUPATIONAL THERAPIES.
(a) Study Required.--The Secretary of Defense shall conduct a
study comparing coverage and reimbursement for covered
beneficiaries under chapter 55 of title 10, United States Code,
for physical, speech, and occupational therapies under the
TRICARE program and the Civilian Health and Medical Program of
the Uniformed Services to coverage and reimbursement for such
therapies by insurers under medicare and the Federal Employees
Health Benefits Program. The study shall examine the following:
(1) Types of services covered.
(2) Whether prior authorization is required to
receive such services.
(3) Reimbursement limits for services covered.
(4) Whether services are covered on both an inpatient
and outpatient basis.
(b) Report.--Not later than March 31, 2001, the Secretary
shall submit a report on the findings of the study conducted
under this section to the Committees on Armed Services of the
Senate and the House of Representatives.
----------
14. An Amendment To Be Offered by Representative Stenholm of Texas, or
Representative Thune of South Dakota, or a Designee
At the end of title VII (page 247, after line 9), insert the
following new section:
SEC. 7____. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE
PROGRAM.
(a) Waiver of Nonavailability Statement or
Preauthorization.--In the case of a covered beneficiary under
chapter 55 of title 10, United States Code, who is enrolled in
TRICARE Standard, the Secretary of Defense may not require with
regard to authorized health care services (other than mental
health services) under any new contract for the provision of
health care services under such chapter that the beneficiary--
(1) obtain a nonavailability statement or
preauthorization from a military medical treatment
facility in order to receive the services from a
civilian provider; or
(2) obtain a nonavailability statement for care in
specialized treatment facilities outside the 200-mile
radius of a military medical treatment facility.
(b) Notice.--The Secretary may require that the covered
beneficiary inform the primary care manager of the beneficiary
of any health care received from a civilian provider or in a
specialized treatment facility.
(c) Exceptions.--Subsection (a) shall not apply if--
(1) the Secretary demonstrates significant cost
avoidance for specific procedures at the affected
military medical treatment facilities;
(2) the Secretary determines that a specific
procedure must be maintained at the affected military
medical treatment facility to ensure the proficiency
levels of the practitioners at the facility; or
(3) the lack of nonavailability statement data would
significantly interfere with TRICARE contract
administration.
(d) Effective Date--This section shall take effect on October
1, 2001.
----------
15. An Amendment To Be Offered by Representative Velazquez of New York,
or a Designee
At the end of title VIII (page 263, after line 2), insert
the following new section:
SEC. 8____. REQUIREMENT TO CONDUCT STUDY ON CONTRACT BUNDLING.
(a) In General.--The Secretary of Defense shall conduct a
comprehensive study on the practice known as ``contract
bundling'' by the Department of Defense, and the effects of
such practice on small business concerns, economically and
socially disadvantaged small business concerns, and small
business concerns owned and controlled by women (as such terms
are used in the Small Business Act (15 U.S.C. 632 et seq.)).
(b) Deadline.--The Secretary shall submit the results of
the study to the Committees on Armed Services and Small
Business of the Senate and the House of Representatives before
submission of the budget request of the Department of Defense
for fiscal year 2002.
(c) Database.--For purposes of conducting the study
required by this section, the Secretary shall develop, in
consultation with the General Accounting Office, and maintain a
database on all contracts of the Department of Defense
(excluding contracts for the procurement of weapons systems)
for which requirements have been bundled.
----------
16. An Amendment To Be Offered by Representative Traficant of Ohio, or
a Designee
At the end of title VIII (page 263, after line 2), insert the
following new section:
SEC. 8____. COMPLIANCE WITH BUY AMERICAN ACT.
(a) Compliance with Buy American Act.--No funds authorized by
this Act may be expended by an entity of the Department of
Defense unless the entity agrees that in expending the funds
the entity will comply with the Buy American Act (41 U.S.C. 10a
et seq.).
(b) Sense of Congress Regarding Purchase of American-made
Equipment and Products.--It is the sense of Congress that any
entity of the Department of Defense, in expending funds
authorized by this Act for the purchase of equipment or
products, should purchase only American-made equipment and
products.
(c) Debarment of Persons Convicted of Fraudulent Use of
``Made in America'' Labels.--If the Secretary of Defense
determines that a person has been convicted of intentionally
affixing a label bearing a ``Made in America'' inscription, or
another inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the
United States, the Secretary shall determine, in accordance
with section 2410f of title 10, United States Code, whether the
person should be debarred from contracting with the Department
of Defense.
----------
17. An Amendment To Be Offered by Representative Bereuter of Nebraska,
or a Designee
Page 292, line 5, strike the closing quotation marks and
second period.
Page 292, after line 5, insert the following:
``(f) Provisions Relating Specifically to Asia-Pacific
Center.--The Secretary of Defense may waive reimbursement of
the cost of conferences, seminars, courses of instruction, or
similar educational activities of the Asia-Pacific Center for
Security Studies for military officers and civilian officials
of foreign nations if the Secretary determines that attendance
by such personnel without reimbursement is in the national
security interest of the United States. Costs for which
reimbursement is waived pursuant to this subsection shall be
paid from appropriations available for the Asia-Pacific
Center.''.
----------
18. An Amendment To Be Offered by Representative Coburn of Oklahoma, or
a Designee
At the end of subtitle A of title X (page 302, after line
11), insert the following new section:
SEC. 10____. REQUIREMENT FOR PLAN TO ENSURE COMPLIANCE WITH FINANCIAL
MANAGEMENT REQUIREMENTS.
(a) In General.--(1) The Secretary of Defense shall develop a
comprehensive plan to ensure compliance by the Department of
Defense, not later than October l, 2001, with all statutory and
regulatory financial management requirements applicable to the
Department. In developing such plan, the Secretary shall give
the same priority to achieving compliance with statutory and
regulatory financial management requirements as the priority
given to ensuring that the computer systems of the Department
would be fully functional in the year 2000.
(2) Not later than January 1, 2001, the Secretary shall
submit the plan required by this subsection to the Committees
on Armed Services, the Committees on the Budget, and the
Committees on Appropriations of the Senate and the House of
Representatives, and the Comptroller General.
(b) Comptroller General Report.--Not later than March 1,
2001, the Comptroller General shall submit to the Committees on
Armed Services and the Committees on the Budget of the Senate
and the House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government Reform
of the House of Representatives, a report on the adequacy of
the plan developed under subsection (a).
----------
19. An Amendment To Be Offered by Representative Gilchrest of Maryland,
or a Designee
At the end of title X (page 324, after line 11), insert the
following new section:
SEC. 1038. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.
During fiscal year 2001, the Secretary of Defense may
establish up to five additional teams designated as Weapons of
Mass Destruction Civil Support Teams (for a total of 32 such
teams), to the extent that sources of funding for such
additional teams are identified.
----------
20. An Amendment To Be Offered by Representative Traficant of Ohio, or
a Designee
At the end of subtitle C of title X (page 324, after line
11), insert the following new section:
SEC. ____. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRATION AND
NATURALIZATION SERVICE AND CUSTOMS SERVICE.
(a) Assignment Authority of Secretary of Defense.--Chapter 18
of title 10, United States Code, is amended by inserting after
section 374 the following new section:
``Sec. 374a. Assignment of members to assist border patrol and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may
assign members of the Army, Navy, Air Force, and Marine Corps
to assist--
``(1) the Immigration and Naturalization Service in
preventing the entry of terrorists and drug traffickers
into the United States; and
``(2) the United States Customs Service in the
inspection of cargo, vehicles, and aircraft at points
of entry into the United States to prevent the entry of
weapons of mass destruction, components of weapons of
mass destruction, prohibited narcotics or drugs, or
other terrorist or drug trafficking items.
``(b) Request for Assignment.--The assignment of members
under subsection (a) may occur only if--
``(1) the assignment is at the request of the
Attorney General, in the case of an assignment to the
Immigration and Naturalization Service, or the
Secretary of the Treasury, in the case of an assignment
to the United States Customs Service; and
``(2) the request of the Attorney General or the
Secretary of the Treasury (as the case may be) is
accompanied by a certification by the President that
the assignment of members pursuant to the request is
necessary to respond to a threat to national security
posed by the entry into the United States of terrorists
or drug traffickers.
``(c) Training Program Required.--The Attorney General or the
Secretary of the Treasury (as the case may be), together with
the Secretary of Defense, shall establish a training program to
ensure that members receive general instruction regarding
issues affecting law enforcement in the border areas in which
the members may perform duties under an assignment under
subsection (a). A member may not be deployed at a border
location pursuant to an assignment under subsection (a) until
the member has successfully completed the training program.
``(d) Conditions on Use.--(1) Whenever a member who is
assigned under subsection (a) to assist the Immigration and
Naturalization Service or the United States Customs Service is
performing duties at a border location pursuant to the
assignment, a civilian law enforcement officer from the agency
concerned shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection
(a) to conduct a search, seizure, or other similar law
enforcement activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly
known as the `Posse Comitatus Act').
``(e) Notification Requirements.--The Attorney General or the
Secretary of the Treasury (as the case may be) shall notify the
Governor of the State in which members are to be deployed
pursuant to an assignment under subsection (a), and local
governments in the deployment area, of the deployment of the
members to assist the Immigration and Naturalization Service or
the United States Customs Service (as the case may be) and the
types of tasks to be performed by the members.
``(f) Reimbursement Requirement.--Section 377 of this title
shall apply in the case of members assigned under subsection
(a).
``(g) Termination of Authority.--No assignment may be made or
continued under subsection (a) after September 30, 2002.''.
(b) Commencement of Training Program.--The training program
required by subsection (b) of section 374a of title 10, United
States Code, shall be established as soon as practicable after
the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
____________________________________________________
21. An Amendment To Be Offered by Representative Weldon of Florida, or
a Designee
At the end of title X (page 324, after line 11), insert the
following new section:
SEC. ____. COMMISSION ON THE FUTURE OF THE UNITED STATES AEROSPACE
INDUSTRY.
(a) Establishment.--Not later than March 1, 2001, the
President shall establish a commission to be known as the
``Commission on the Future of the United States Aerospace
Industry'' (in this section referred to as the ``Commission'').
(b) Duties.--The Commission shall have the following duties:
(1) To study the issues relevant to the future of the
United States aerospace industry with respect to the
economic and national security of the United States.
(2) To assess the future importance of the United
States aerospace industry to the economic and national
security of the United States.
(3) To evaluate the effect on the United States
aerospace industry of the laws, regulations, policies,
and procedures of the Federal Government with respect
to--
(A) the budget;
(B) research and development;
(C) acquisition, including financing and
payment of contracts;
(D) operation and maintenance;
(E) international trade and export of
technology;
(F) taxation; and
(G) science and engineering education.
(4) To study in particular detail the adequacy of
projected budgets of Federal agencies for--
(A) aerospace research and development and
procurement;
(B) maintaining the national space launch
infrastructure; and
(C) supporting aerospace science and
engineering efforts at institutions of higher
education.
(5) To consider and recommend feasible actions by the
Federal Government to support the ability of the United
States aerospace industry to remain robust into the
future.
(c) Composition.--(1) The Commission shall be composed of not
less than 10 and not more than 17 members appointed by the
President.
(2) Each member shall be an individual with extensive
experience and a national reputation with respect to one or
more of the following:
(A) Aerospace manufacturing.
(B) Labor organizations associated with aerospace
manufacturing.
(C) Economics or finance.
(D) National security.
(E) International trade or foreign policy.
(3) Members shall serve without pay by reason of their work
on the Commission.
(4) Each member shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code.
(5) The Chairperson of the Commission shall be designated by
the President at the time of the appointment.
(d) Powers.--(1) A number not less than 50 percent of the
total number of members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(2) The Commission shall meet at the call of the Chairperson.
(3) The Commission may, for the purpose of carrying out this
section, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(4) Any member or agent of the Commission may, if authorized
by the Commission, take any action which the Commission is
authorized to take by this section.
(5) The Commission may secure directly from any department or
agency of the United States information necessary to enable it
to carry out this section. Upon request of the Chairperson of
the Commission, the head of that department or agency shall
furnish that information to the Commission.
(6) The Commission may use the United States mails in the
same manner and under the same conditions as other departments
and agencies of the United States.
(7) Upon the request of the Commission, the Administrator of
General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its responsibilities
under this section.
(e) Director and Staff.--(1) The Chairperson shall appoint
and fix the pay of a Director.
(2) The Chairperson may appoint and fix the pay of additional
personnel as the Chairperson considers appropriate.
(3) The Director and staff of the Commission may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(4) With the approval of the Commission, the Chairperson may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
(5) Upon request of the Chairperson, the head of any Federal
department or agency may detail, on a reimbursable basis, any
of the personnel of that department or agency to the Commission
to assist it in carrying out its duties under this section.
(f) Report.--Not later than March 1, 2002, the Commission
shall transmit a report to the Congress. The report shall
contain a detailed statement of the findings and conclusions of
the Commission, the recommendations of the Commission for
legislation or administrative action, and such other
information as the Commission considers appropriate.
(g) Termination.--The Commission shall terminate 30 days
after submitting its report pursuant to subsection (f).
(h) Funding.--Funds for activities of the Commission shall be
provided from amounts appropriated for the Department of
Defense for operation and maintenance for Defense-wide
activities. Upon receipt of a written certification from the
Chairperson of the Commission specifying the funds required for
the activities of the Commission, the Secretary of Defense
shall promptly disburse to the Commission, from such amounts,
the funds required by the Commission as stated in such
certification.
----------
22. An Amendment To Be Offered by Representative Gary Miller, of
California, or a Designee
At the end of title X (page 324, after line 11), insert the
following new section:
SEC. ____. SENSE OF CONGRESS REGARDING INFORMATION TECHNOLOGY SYSTEMS.
It is the sense of Congress that--
(1) the Department of Defense must focus on upgrading
information technology systems to allow seamless and
interoperable communications; and
(2) each Secretary of a military department must
demonstrate an unwavering commitment to achieving this
goal and must ensure that communications systems within
the active, reserve, and National Guard component of
that military department receive equal attention and
funding for information technology.
----------
23. An Amendment To Be Offered by Representative Hall of Ohio, or
Representative Hobson of Ohio, or a Designee
At the end of title XI (page 334, after line 17), insert the
following new section:
SEC. 11____. TEMPORARY AUTHORITY REGARDING VOLUNTARY SEPARATION
INCENTIVES AND EARLY RETIREMENT FOR EMPLOYEES OF
THE DEPARTMENT OF THE AIR FORCE.
(a) Separation Pay.--Section 5597 of title 5, United States
Code, is amended by adding at the end the following new
subsection:
``(i)(1) In this subsection:
``(A) the term `agency' means the Department of the
Air Force;
``(B) the term `employee' means an employee (as
defined by section 2105) who is employed by the agency,
is serving under an appointment without time
limitation, and has been currently employed for a
continuous period of at least 3 years, but does not
include--
``(i) a reemployed annuitant under subchapter
III of chapter 83 or chapter 84, or another
retirement system for employees of the agency;
``(ii) an employee having a disability on the
basis of which such employee is or would be
eligible for disability retirement under
subchapter III of chapter 83 or chapter 84, or
another retirement system for employees of the
agency;
``(iii) an employee who is in receipt of a
specific notice of involuntary separation for
misconduct or unacceptable performance;
``(iv) an employee who has previously
received any voluntary separation incentive
payment by the Federal Government under this
section or any other authority and has not
repaid such payment;
``(v) an employee covered by statutory
reemployment rights who is on transfer to
another organization; or
``(vi) any employee who, during the 24-month
period preceding the date of separation, has
received a recruitment or relocation bonus
under section 5753 or who, within the 12-month
period preceding the date of separation,
received a retention allowance under section
5754.
``(2)(A) A voluntary separation incentive payment may be paid
under this section by the agency to any employee to maintain
continuity of skills among the agency's employees or to adapt
the skills of the agency's workforce to the emerging
technologies critical to the agency's needs and goals.
``(B) A voluntary separation incentive payment under this
subsection--
``(i) shall be paid in a lump sum after the
employee's separation;
``(ii) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employees;
``(iii) shall be equal to the lesser of--
``(I) an amount equal to the amount the
employee would be entitled to receive under
section 5595(c); or
``(II) an amount determined by the agency
head not to exceed $25,000;
``(iv) may not be made except in the case of any
qualifying employee who voluntarily separates (whether
by retirement or resignation) before December 31, 2003;
``(v) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit; and
``(vi) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 based on any other
separation.
``(3)(A) The head of the agency, prior to obligating any
resources for voluntary separation incentive payments under
this subsection, shall submit to the House and Senate
Committees on Armed Services and the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform of
the House of Representatives a strategic plan outlining the
intended use of such incentive payments and a proposed
organizational chart for the agency once such incentive
payments have been completed.
``(B) The agency's plan shall include--
``(i) any positions and functions to be reduced or
eliminated, identified by organizational unit,
geographic location, occupational category and grade
level;
``(ii) the number and amounts of voluntary separation
incentive payments to be offered;
``(iii) the steps to be taken to maintain continuity
of skills among the agency's employees or to adapt the
skills of the agency's workforce to the emerging
technologies critical to the agency's needs and goals; and
``(iv) a description of how the agency will operate
without the eliminated positions and functions.
``(4) In addition to any other payments which it is required
to make under subchapter III of chapter 83 the agency shall
remit to the Office of Personnel Management for deposit in the
Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund an amount equal to be
determined in accordance with paragraph (5).
``(5)(A) The amount remitted to the Treasury shall be the sum
determined as follows. First, apply the following percentages
to the final basic pay of each employee who is covered under
subchapter III of chapter 83 or chapter 84 to whom a voluntary
separation incentive has been paid under this section and who
retires on an early retirement or an immediate annuity:
``(i) 19 percent in the case of an employee covered
under subchapter III of chapter 83 who takes an early
retirement; or
``(ii) 58 percent in the case of an employee covered
under subchapter III of chapter 83 who takes an
immediate annuity.
``(B) Second, the sum of the amounts determined under clauses
(i) and (ii) of subparagraph (A) shall be reduced, but not
below zero, by the sum determined by applying the following
percentages to the final basic pay of each employee who is
covered under chapter 84 to whom a voluntary separation
incentive has been paid under this section and who resigns or
retires on an early retirement or immediate annuity, or an
employee covered under subchapter III of chapter 83 to whom a
voluntary separation incentive has been paid under this section
and who resigns:
``(i) 419 percent in the case of an employee covered
under subchapter III of chapter 83 who resigns;
``(ii) 17 percent in the case of an employee covered
under chapter 84 who takes an early retirement;
``(iii) 8 percent in the case of an employee covered
under chapter 84 who retires on an immediate annuity;
and
``(iv) 211 percent in the case of an employee covered
under chapter 84 who resigns.
``(6) Under regulations prescribed by the Office of Personnel
Management, the agency may elect to make the remittances
required under paragraph (4) in installments over a period not
to exceed 3 years. In such case, the percentages to be applied
under paragraph (5) shall be those determined by the Office as
are necessary to equalize the net present value of retirement
benefits payable to employees who retire or resign with a
separation incentive under this subsection and the net present
value of retirement benefits those employees would have
received if they had continued to work and then retired or
resigned at the standard rates observed for the workforce.''.
(b) Retirement Under Civil Service Retirement System.--
Section 8336 of such title is amended by adding at the end the
following new subsection:
``(o)(1) An employee of the Department of the Air Force who
is separated from the service voluntarily as a result of a
determination described in paragraph (2) after completing 25
years of service or after becoming 50 years of age and
completing 20 years of service is entitled to an annuity.
``(2) A determination under this paragraph is a determination
by the Secretary of the Air Force that the separation described
in paragraph (1) is necessary for the purpose of maintaining
continuity of skills among employees of the Department of the
Air Force and adapting the skills of the workforce of the
Department to emerging technologies critical to the needs and
goals of the Department.''.
(c) Retirement Under Federal Employees' Retirement System.--
Section 8414 of such title is amended by adding at the end the
following new subsection:
``(d)(1) An employee of the Department of the Air Force who
is separated from the service voluntarily as a result of a
determination described in paragraph (2) after completing 25
years of service or after becoming 50 years of age and
completing 20 years of service is entitled to an annuity.
``(2) A determination under this paragraph is a determination
by the Secretary of the Air Force that the separation described
in paragraph (1) is necessary for the purpose of maintaining
continuity of skills among employees of the Department of the
Air Force and adapting the skills of the workforce of the
Department to emerging technologies critical to the needs and
goals of the Department.''.
(d) Reports.--The Secretary of the Air Force shall submit
annual reports to the House and Senate Committees on Armed
Services and the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the House of
Representatives describing the use of the authority provided in
the amendments made by this section and the bases for using
such authority with respect to the employees chosen.
(e) Limitation of Applicability.--The authority to provide
separation pay and retirement benefits under the amendments
made by this section--
(1) may be exercised with respect to not more than
1000 civilian employees of the Department of the Air
Force during each calendar year; and
(2) shall expire on December 31, 2003.
----------
24. An Amendment To Be Offered by Representative Hunter of California,
or a Designee
At the end of the title XII (page 338, after line 13), insert
the following new section:
SEC. 1205. NATO FAIR BURDENSHARING.
(a) Report on Costs of Operation Allied Force.--The Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the costs to the United States of
the 78-day air campaign known as Operation Allied Force
conducted against the Federal Republic of Yugoslavia during the
period from March 24 through June 9, 1999. The report shall
include the following:
(1) The costs of ordnance expended, fuel consumed,
and personnel.
(2) The estimated cost of the reduced service life of
United States aircraft and other systems participating
in the operation.
(3) Whether and how the United States is being
compensated by other North Atlantic Treaty Organization
member nations for the costs of Operation Allied Force,
including a detailed accounting of the estimated
monetary value of peacekeeping and reconstruction
activities undertaken by those member nations to
partially or wholly compensate the United States for
the costs of such operation.
(b) Report on Cost Sharing of Future NATO Operations.--
Whenever the North Atlantic Treaty Organization undertakes a
military operation with the participation of the United States,
the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report describing--
(1) how the costs of that operation are to be
equitably distributed among the North Atlantic Treaty
Organization member nations; or
(2) if the costs of the operation are not equitably
distributed, but are to be borne disproportionately by
the United States, how the United States is to be
compensated by other North Atlantic Treaty Organization
member nations.
(c) Time for Submission of Report.--A report under subsection
(b) shall be submitted not later than 30 days after the
beginning of the military operation, except that the Secretary
of Defense may submit the report at a later time if the
Secretary determines that such a delay is necessary to avoid an
undue burden to ongoing operations.
(d) Applicability.--Subsection (b) shall apply only with
respect to military operations begun after the date of the
enactment of this Act.
----------
25. An Amendment To Be Offered by Representative Skelton of Missouri,
or a Designee
At the end of title XII (page 338, after line 13), insert the
following new section:
SEC. 1205. GAO STUDY ON VALUE OF UNITED STATES MILITARY ENGAGEMENT IN
EUROPE.
(a) Comptroller General Study.--The Comptroller General shall
conduct a study assessing the value to the United States and
its national security interests gained from the engagement of
United States forces in Europe and from military strategies
used to shape the international security environment in Europe.
(b) Matters To Be Included.--The study shall include an
assessment of the following matters:
(1) The value to United States security interests
from having forces stationed in Europe and assigned to
areas of regional conflict such as Bosnia and Kosovo.
(2) The value in sharing the risks, responsibilities,
and costs of deploying United States forces with the
forces of European allies.
(3) The costs associated with stationing United
States forces in Europe and with assigning them to
areas of regional conflict.
(4) The value of the following kinds of contributions
made by European allies:
(A) Financial contributions.
(B) Contributions of military personnel and
units.
(C) Contributions of nonmilitary personnel,
such as medical personnel, police officers,
judicial officers, and other civic officials.
(D) Contributions in kind that may be used
for infrastructure building or activities that
contribute to regional stability, whether in
lieu of or in addition to military-related
contributions.
(5) The value of a forward United States military
presence in compensating for existing shortfalls of air
and sea lift capability in the event of further
regional conflict in Europe or the Middle East.
(6) The value of humanitarian and reconstruction
assistance provided by European countries and by the
United States in maintaining or improving regional
stability.
(c) Report.--The Comptroller General shall submit a report on
the results of the study to the Committees on Armed Services of
the Senate and House of Representatives not later than March 1,
2001.
----------
26. An Amendment To Be Offered by Representative Fowler of Florida, or
a Designee
At the end of title XII (page 338, after line 13), insert the
following new section:
SEC. 1205. SENSE OF CONGRESS REGARDING NONCOMPLIANCE WITH LAW REGARDING
OVERSIGHT OF COMMUNIST CHINESE MILITARY COMPANIES
OPERATING IN THE UNITED STATES.
It is the sense of Congress that the Secretary of Defense has
not complied with the requirements of section 1237(b) of the
Strom Thurmond National Defense Authorization for Fiscal Year
1999 (50 U.S.C. 1701 note) to publish and update a list of
Communist Chinese military companies operating in the United
States. Congress expects that the Secretary, working with such
other executive branch officials as necessary to comply fully
with such section, will immediately comply with the provisions
of that section. Furthermore, Congress notes that any
requirement to assess information within the purview of other
Federal departments and agencies in order to comply with that
section was expressly anticipated by the requirement for
interagency consultation provided in paragraph (3) of that
section and that such consultation process ought to have been
completed well before the mid-January 1999 deadline specified
for the initial publication under that section.
----------
27. An Amendment To Be Offered by Representative Largent of Oklahoma,
or a Designee
Page 400, line 17, strike ``(1)''.
Page 400, line 23, through page 401, line 5, strike paragraph
(2).
----------
28. An Amendment To Be Offered by Representative Ryun of Kansas, or a
Designee
At the end of part I of subtitle C of title XXVIII (page 412,
after line 24), insert the following new section:
SEC. ____. LAND CONVEYANCE, FORT RILEY MILITARY RESERVATION, KANSAS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Kansas, all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 70 acres at Fort Riley Military
Reservation, Fort Riley, Kansas. The preferred site is adjacent
to the Fort Riley Military Reservation boundary, along the
north side of Huebner Road across from the First Territorial
Capitol of Kansas Historical Site Museum.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary of the Army and the Director of the Kansas
Commission on Veterans Affairs.
(c) Exception from Screening Requirement.--The Secretary may
make the conveyance required by subsection (a) without regard
to the requirement under section 2696 of title 10, United
States Code, that the property be screened for further Federal
use in accordance with the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
(d) Conditions of Conveyance.--The conveyance required by
subsection (a) shall be subject to the conditions that--
(1) the State of Kansas use the property conveyed
solely for purposes of establishing and maintaining a
State-operated veterans cemetery; and
(2) all costs associated with the conveyance,
including the cost of relocating water and electric
utilities should such relocation be determined
necessary based on the survey described in subsection
(b), shall be borne by the State of Kansas.
(e) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance required by subsection (a) as
the Secretary of the Army determines appropriate to protect the
interests of the United States.
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29. An Amendment To Be Offered by Representative Baird of Washington,
or a Designee
At the end of subtitle A of title XXVIII (page 412, after
line 24), insert the following new section:
SEC. 2840. LAND CONVEYANCES, FORT VANCOUVER BARRACKS, VANCOUVER,
WASHINGTON.
(a) Conveyance of West Barracks.--The Secretary of the Army
may convey, without consideration, to the City of Vancouver,
Washington (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property encompassing 19 structures at Vancouver
Barracks, Washington, which are identified by the Army using
numbers between 602 and 676 and are known as the west barracks.
(b) Conveyance of East Barracks.--Upon vacation, or agreement
to vacate, by the Army Reserve and the Army National Guard of
the parcel of real property at Vancouver Barracks encompassing
10 structures, which are identified by the Army using numbers
between 704 and 786 and the numbers 987, 989, 991, and 993, and
are known as the east barracks, the Secretary may convey,
without consideration, to the City all right, title, and
interest of the United States in and to the parcel.
(c) Modification and Conveyance of Reversionary Interest.--
(1) The Secretary may modify the reversionary interest that was
retained by the United States when a parcel of real property at
Vancouver Barracks was conveyed to the Washington State
Department of Transportation to remove the condition that the
real property be used only for highway-related purposes.
(2) The Secretary may convey, without consideration, to the
City the reversionary interest referred to in paragraph (1),
modified as provided by such paragraph. Upon conveyance, the
Secretary shall execute and file in the appropriate office an
amended deed or other appropriate instrument effectuating the
modification and conveyance of the reversionary interest.
(d) Description of Property.--The exact acreage and legal
description of the real property authorized to be conveyed
under subsections (a) and (b) shall be determined by surveys
satisfactory to the Secretary of the Army. The cost of any such
survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with a conveyance under this section as the
Secretary considers appropriate to protect the interests of the
United States.
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30. An Amendment To Be Offered by Representative Hefley of Colorado, or
a Designee
At the end of part III of subtitle C of title XXVIII (page
430, after line 15), insert the following new section:
SEC. ____. LAND CONVEYANCE, LOWRY AIR FORCE BASE, COLORADO.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, or lease upon such terms as
the Secretary considers appropriate, to the Lowry Redevelopment
Authority (in this section referred to as the ``Authority'')
all right, title, and interest of the United States in and to
seven parcels of real property, including improvements thereon,
consisting of approximately 23 acres at the former Lowry Air
Force Base, Colorado, for the purpose of permitting the
Authority to use the property in furtherance of economic
development and other public purposes.
(b) Description of Property.--The exact acreage and legal
description of real property to be conveyed or leased under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Authority.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
a conveyance or lease under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
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31. An Amendment To Be Offered by Representative Hastings of
Washington, or a Designee
In section 3131 of the bill (page 462, lines 4 through 6),
amend the heading of such section to read as follows:
SEC. 3131. FUNDING FOR TERMINATION COSTS FOR RIVER PROTECTION PROJECT,
RICHLAND, WASHINGTON.
In section 3131 of the bill (page 462, lines 9 through 11),
strike ``relating to'' and all that follows through ``Richland,
Washington'' and insert the following: ``relating to the River
Protection Project, Richland, Washington (as designated by
section 3135)''.
At the end of title XXXI (page 467, after line 11), insert
the following new section:
SEC. 3135. DESIGNATION OF RIVER PROTECTION PROJECT, RICHLAND,
WASHINGTON.
The tank waste remediation system environmental project,
Richland, Washington, shall be known and designated as the
``River Protection Project''. Any reference to that project in
any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to the
River Protection Project.
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32. An Amendment To Be Offered by Representative Hayes of North
Carolina, or a Designee
At the end of title XXXI (page 467, after line 12), insert
the following new section:
SEC. 3135. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS FOR
POST-SHIPMENT VERIFICATION REPORTS ON ADVANCED
SUPERCOMPUTERS SALES TO CERTAIN FOREIGN NATIONS.
Section 3157 of the National Defense Authorization Act for
Fiscal Year 1998 (50 U.S.C. App. 2404 note) is amended by
adding at the end the following new subsection:
``(e) Adjustment of Performance Levels.--Whenever a new
composite theoretical performance level is established under
section 1211(d), that level shall apply for the purposes of
subsection (a) of this section in lieu of the level set forth
in subsection (a).''.
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33. An Amendment To Be Offered by Representative Udall of Colorado, or
a Designee
At the end of title XXXI (page 467, after line 11), insert
the following new section:
SEC. ____. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE PROJECT
FACILITIES.
(a) Authority to Provide Incentives.--Notwithstanding any
other provision of law, the Secretary of Energy may provide to
any eligible employee of the Department of Energy one or more
of the incentives described in subsection (d).
(b) Eligible Employees.--An individual is an eligible
employee of the Department of Energy for purposes of this
section if the individual--
(1) has worked continuously at a closure facility for
at least two years;
(2) is an employee (as that term is defined in
section 2105(a) of title 5, United States Code);
(3) has a fully satisfactory or equivalent
performance rating during the most recent performance
period and is not subject to an adverse notice
regarding conduct; and
(4) meets any other requirement or condition under
subsection (d) for the incentive which is provided the
employee under this section.
(c) Closure Facility Defined.--For purposes of this section,
the term ``closure facility'' means a Department of Energy
facility at which the Secretary is carrying out a closure
project selected under section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n).
(d) Incentives.--The incentives that the Secretary may
provide under this section are the following:
(1) The right to accumulate annual leave provided by
section 6303 of title 5, United States Code, for use in
succeeding years until it totals not more than 90 days,
or not more than 720 hours based on a standard work
week, at the beginning of the first full biweekly pay
period, or corresponding period for an employee who is
not paid on the basis of biweekly pay periods,
occurring in a year, except that--
(A) any annual leave that remains unused when
an employee transfers to a position in a
department or agency of the Federal Government
shall be liquidated upon the transfer by
payment to the employee of a lump sum for leave
in excess of 30 days, or in excess of 240 hours
based on a standard work week; and
(B) upon separation from service, annual
leave accumulated under this paragraph shall be
treated as any other accumulated annual leave
is treated.
(2) The right to be paid a retention allowance in a
lump sum in compliance with paragraphs (1) and (2) of
section 5754(b) of title 5, United States Code, if the
employee meets the requirements of section 5754(a) of
that title, except that the retention allowance may
exceed 25 percent, but may not be more than 30 percent,
of the employee's rate of basic pay.
(e) Agreement.--An eligible employee of the Department of
Energy provided an incentive under this section shall enter
into an agreement with the Secretary to remain employed at the
closure facility at which the employee is employed as of the
date of the agreement until a specific date or for a specific
period of time.
(f) Violation of Agreement.--(1) Except as provided under
paragraph (3), an eligible employee of the Department of Energy
who violates an agreement under subsection (e), or is dismissed
for cause, shall forfeit eligibility for any incentives under
this section as of the date of the violation or dismissal, as
the case may be.
(2) Except as provided under paragraph (3), an eligible
employee of the Department of Energy who is paid a retention
allowance under subsection (d)(2) and who violates an agreement
under subsection (e), or is dismissed for cause, before the end
of the period or date of employment agreed upon under such
agreement shall refund to the United States an amount that
bears the same ratio to the aggregate amount so paid to or
received by the employee as the unserved part of such
employment bears to the total period of employment agreed upon
under such agreement.
(3) The Secretary may waive the applicability of paragraph
(1) or (2) to an employee otherwise covered by such paragraph
if the Secretary determines that there is good and sufficient
reason for the waiver.
(g) Report.--The Secretary shall include in each report on a
closure project under section 3143(h) of the National Defense
Authorization Act for Fiscal Year 1997 a report on the
incentives, if any, provided under this section with respect to
the project for the period covered by such report.
(h) Authority With Respect to Health Coverage.--Section
8905a(d)(5)(A) of title 5, United States Code (as added by
section 1106 of the Veterans Millennium Health Care and
Benefits Act (Public Law 106-117; 113 Stat. 1598)), is amended
by inserting after ``readjustment'' the following: ``, or a
voluntary or involuntary separation from a Department of Energy
position at a Department of Energy facility at which the
Secretary is carrying out a closure project selected under
section 3143 of the National Defense Authorization Act for
Fiscal Year 1997 (42 U.S.C. 7274n)''.
(i) Authority With Respect to Voluntary Separations.--(1) The
Secretary of Energy may--
(A) separate from service any employee at a
Department of Energy facility at which the Secretary is
carrying out a closure project selected under section
3143 of the National Defense Authorization Act for
Fiscal Year 1997 (42 U.S.C. 7274n) who volunteers to be
separated under this subparagraph even though the
employee is not otherwise subject to separation due to
a reduction in force; and
(B) for each employee voluntarily separated under
subparagraph (A), retain an employee in a similar
position who would otherwise be separated due to a
reduction in force.
(2) The separation of an employee under paragraph (1)(A)
shall be treated as an involuntary separation due to a
reduction in force.
(3) An employee with critical knowledge and skills (as
defined by the Secretary) may not participate in a voluntary
separation under paragraph (1)(A) if the Secretary determines
that such participation would impair the performance of the
mission of the Department of Energy.
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34. An Amendment To Be Offered by Representative Lampson of Texas, or a
Designee
At the end of title XXXIV (page 474, after line 8), add the
following new section:
SEC. 3404. AUTHORITY TO CONVEY OFFSHORE DRILL RIG OCEAN STAR.
(a) Authority to Convey.--
(1) In general.--The Secretary of Transportation
(referred to in this section as the ``Secretary'') may,
without consideration, convey all right, title, and
interest of the United States Government in and to the
offshore drill rig OCEAN STAR, to the Offshore Rig
Museum, Inc., a nonprofit corporation established under
the laws of the State of Texas and doing business as
the Offshore Energy Center (in this section referred to
as ``the recipient'').
(2) Release of associated interests.--As part of the
conveyance, the Secretary shall release any encumbrance
and forgive any promissory note or loan held by the
United States with respect to the drill rig.
(b) Conditions.--Any conveyance, release, or forgiveness
under subsection (a) shall be subject to the following
conditions:
(1) The recipient must have at least 3 consecutive
years experience in operating a drill rig as a
nonprofit museum.
(2) Before the effective date of the conveyance,
release, and forgiveness, the recipient must agree--
(A) to continue to use the drill rig as part
of a museum to demonstrate to the public the
recovery of offshore energy resources;
(B) to make the drill rig available to the
Government if the Secretary requires use of the
drill rig for a national emergency;
(C) that if the recipient no longer requires
the drill rig for use as a museum dedicated to
demonstrating to the public the recovery of
offshore energy resources, the recipient shall,
at the discretion of the Secretary, convey the
drill rig to the Government; and
(D) to any other conditions the Secretary
considers appropriate.
(3) The drill rig may not be used for commercial
transportation or commercial drilling and production of
offshore energy resources.
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35. An Amendment To Be Offered by Representative Bryant of Tennessee,
or a Designee
Strike section 554 (page 148, line 20, and all that follows
through page 149, line 12) and insert the following:
SEC. 554. CLARIFICATION AND REAFFIRMATION OF THE INTENT OF CONGRESS
REGARDING THE COURT-MARTIAL SENTENCE OF CONFINEMENT
FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE
(a) Clarification of Effect of Sentence.--(1) Section 856a(b)
of title 10, United States Code (article 56a of the Uniform
Code of Military Justice), is amended--
(1) by striking ``unless--'' and inserting ``unless
the sentence (or a portion of the sentence including
that part of the sentence providing for confinement for
life without eligibility for parole)--'';
(2) by striking paragraph (1) and inserting the
following:
``(1) is set aside or otherwise modified as a result
of--
``(A) action taken under section 860 of this
title (article 60) by the convening authority
or another person authorized to act under that
section; or
``(B) any other action taken during post-
trial procedure and review under any other
provision of subchapter IX;''
(3) in paragraph (2), by striking ``the sentence'';
and
(4) by striking paragraph (3) and inserting the
following:
``(3) a reprieve or pardon by the President.''.
(b) Officers Sentenced to Dismissal.--Subsection (b) of
section 871 of such title (article 71) is amended by inserting
after the second sentence the following new sentence:
``However, if the sentence extends to confinement for life
without eligibility for parole, that part of the sentence
providing for confinement for life without eligibility for
parole may not be commuted, remitted, or suspended.''.
(c) Action By Convening Authority After Sentence Ordered
Executed.--Subsection (d) of that section is amended by adding
at the end the following new sentence: ``In the case of a
sentence that extends to confinement for life without
eligibility for parole, that part of the sentence extending to
confinement for life without eligibility for parole may not be
suspended after it is ordered executed.''.
(d) Secretarial Authority To Remit or Suspend Sentence.--
Section 874(a) of such title (article 74(a)) is amended by
inserting before the period at the end the following: ``or, in
the case of a sentence that extends to confinement for life
without eligibility for parole, that part of the sentence that
extends to confinement for life without eligibility for
parole''.
(e) Parole.--Section 952 of that title is amended by adding
at the end the following new subsection:
``(c) Parole may not be granted for an offender serving a
sentence of confinement for life without eligibility for
parole.''.
(f) Remission or Suspension of Sentence.--Section 953 of such
title is amended by inserting in paragraph (1) after ``selected
offenders'' the following: ``other than offenders serving a
sentence of confinement for life without eligibility for
parole''.