[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.
                              ----------                              


 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.
                              ----------                              


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.
                              ----------                              


     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.
                              ----------                              


    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).''.
                              ----------                              


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.
                              ----------                              


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.
                              ----------                              


 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''.

                                  
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