House Report 106-945 - ENACTMENT OF PROVISIONS OF H.R. 5408, THE FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

[House Report 106-945]
[From the U.S. Government Publishing Office]

106th Congress Report
2d Session HOUSE OF REPRESENTATIVES 106-945

_______________________________________________________________________

ENACTMENT OF PROVISIONS OF

H.R. 5408, THE FLOYD D. SPENCE

NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2001

__________

CONFERENCE REPORT

to accompany

H.R. 4205

October 6, 2000.--Ordered to be printed
C O N T E N T S

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Page
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 7
Summary Statement of Conference Action....................... 534
Summary Table of Authorizations.............................. 534
Congressional Defense Committees............................. 540
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 540
Title I--Procurement............................................. 540
Procurement Overview................................. 540
Overview............................................. 543
UH-60 Blackhawk...................................... 546
TH-67 training helicopter............................ 546
Longbow.............................................. 546
AH-64 modifications.................................. 546
UH-60 modifications.................................. 547
Aircraft Survivability Equipment (ASE)............... 547
Aircrew integrated systems........................... 547
Overview............................................. 547
Army tactical missile system......................... 550
Overview............................................. 550
Bradley base sustainment............................. 553
Improved recovery vehicle............................ 553
Heavy assault bridge system modifications............ 553
Army Transformation.................................. 553
Machine gun, squad automatic weapon.................. 554
Overview............................................. 554
155MM Sense and Destroy Armor Munition M898.......... 558
Overview............................................. 558
Tactical trailers/dolly sets......................... 567
High mobility multipurpose-wheeled vehicle........... 567
Family of medium tactical vehicles................... 567
Fire trucks and associated firefighting equipment.... 567
M915/M916 line haul truck tractor.................... 567
Weapons of Mass Destruction Civil Support Teams...... 568
Army data distribution system........................ 568
Single channel ground and airborne radio systems
family............................................. 569
Area common user system modification program......... 569
Night vision devices................................. 569
Combat identification/aiming light................... 570
Standard integrated command post system.............. 570
Automated data processing equipment.................. 570
Ribbon bridge........................................ 570
Laundries, showers, and latrines..................... 571
Combat support medical............................... 571
Roller, vibratory, self-propelled.................... 571
Hydraulic excavator.................................. 571
Deployable universal combat earth mover.............. 572
Construction equipment service life extension program 572
Small tug............................................ 572
Combat training center instrumentation support....... 572
Nonsystem training devices........................... 573
Overview............................................. 573
Chemical Agents and Munitions Destruction, Army...... 575
Overview............................................. 577
F/A-18E/F aircraft................................... 581
SH-60R helicopter.................................... 581
UC-35 aircraft....................................... 581
F-18 series modifications............................ 581
AH-1 series modifications............................ 582
H-53 series modifications............................ 582
H-1 series modifications............................. 582
EP-3 aircraft modifications.......................... 583
Overview............................................. 583
Trident II advance procurement....................... 586
Drones and decoys.................................... 586
Weapons industrial facilities........................ 586
Mark 48 advanced capability torpedo modifications.... 586
Close-in weapons system modifications................ 587
Gun mount modifications.............................. 587
Overview............................................. 587
Overview............................................. 590
DDG-51 destroyers.................................... 593
LHD-8 advance procurement............................ 593
Ship outfitting...................................... 593
Overview............................................. 593
Surveillance and security for military sealift ships. 602
AN/WSN-7 inertial navigation system.................. 602
Integrated condition assessment system............... 602
AN/SPS-73(V) surface search radar.................... 602
Nuclear attack submarine acoustics................... 602
Sonar support equipment.............................. 603
Shipboard indications and warnings exploit........... 603
Side-scanning sonar for forward deployed minesweepers 603
Shallow water mine countermeasures................... 603
Other training equipment............................. 604
Joint tactical terminal.............................. 604
Joint engineering data management and information
control system..................................... 604
Naval shore communications equipment................. 604
Sonobuoys............................................ 604
Weapons range support equipment...................... 605
Rolling airframe guided missile launcher............. 605
Cruiser smart ship................................... 605
NULKA anti-ship missile decoy system................. 605
SSN combat control systems........................... 606
Civil engineering support equipment.................. 606
Education support equipment.......................... 606
Overview............................................. 606
Communications and electronic infrastructure support. 611
Night vision equipment............................... 611
Radio systems........................................ 611
5/4 ton truck high mobility multipurpose wheeled
vehicles........................................... 611
Material handling equipment.......................... 611
Overview............................................. 612
F-16C aircraft....................................... 617
C-17 aircraft........................................ 617
C-17 advance procurement............................. 617
EC-130J aircraft..................................... 617
B-52 aircraft modifications.......................... 618
A-10 aircraft integrated flight and fire control
computer........................................... 618
F-15 modifications................................... 618
F-16 aircraft modifications.......................... 619
Defense airborne reconnaissance program modifications 619
Other aircraft modifications......................... 620
Defense airborne reconnaissance program aircraft
support equipment.................................. 620
Overview............................................. 621
Overview............................................. 624
Overview............................................. 627
Intelligence communications equipment................ 633
Combat training ranges............................... 633
Items less than $5.0 million......................... 633
Overview............................................. 633
MH-60 aerial refueling probes and 200 gallon fuel
tanks.............................................. 638
Special operations forces small arms and support
equipment.......................................... 638
Items of Special Interest.................................... 638
Air Mobility Command................................. 638
Intelligence, surveillance and reconnaissance
programs........................................... 639
LPD-17 amphibious ships.............................. 639
Multipurpose individual munition..................... 640
Shipbuilding overview................................ 641
Legislative Provisions Adopted............................... 642
Subtitle A--Authorization of Appropriations.............. 642
Authorization of appropriations (secs. 101-106)...... 642
Subtitle B--Army Programs................................ 642
Multiyear procurement authority (sec. 111)........... 642
Increase in limitation on number of bunker defeat
munitions that may be acquired (sec. 112).......... 642
Reports and limitations relating to Army
transformation (sec. 113).......................... 642
Subtitle C--Navy Programs................................ 643
CVNX-1 nuclear aircraft carrier program (sec. 121)... 643
Arleigh Burke class destroyer program (sec. 122)..... 644
Virginia class submarine program (sec. 123).......... 644
Limitation during fiscal year 2001 on changes in
submarine force structure (sec. 124)............... 644
ADC(X) ship program (sec. 125)....................... 645
Refueling and complex overhaul program of the U.S.S.
Dwight D. Eisenhower (sec. 126).................... 645
Analysis of certain shipbuilding programs (sec. 127). 645
Helicopter support of FFG-7 frigates during fiscal
year 2001 (sec. 128)............................... 645
V-22 cockpit aircraft voice and flight data recorders
(sec. 129)......................................... 645
Subtitle D--Air Force Programs........................... 646
Annual Report on the B-2 bomber (sec. 131)........... 646
Report on modernization of Air National Guard F-16A
units (sec. 132)................................... 646
Subtitle E--Joint Programs............................... 647
Study of final assembly and checkout alternatives for
the joint strike fighter program (sec. 141)........ 647
Subtitle F--Chemical Demilitarization.................... 647
Pueblo Chemical Depot chemical agent ammunitions
destruction technologies (sec. 151)................ 647
Report on assessment of need for Federal economic
assistance for communities impacted by chemical
demilitarization activities (sec. 152)............. 647
Prohibition against disposal of non-stockpile
chemical warfare material at Anniston chemical
stockpile disposal facility (sec. 153)............. 647
Legislative Provisions not Adopted........................... 647
AGM-65 modifications................................. 647
Anti-personnel obstacle breaching system............. 648
C-135 modifications.................................. 648
Integrated bridge system for Naval systems special
warfare rigid inflatable boats and high-speed
assault craft...................................... 648
Rapid intravenous infusion pumps..................... 648
Remanufactured AV-8B aircraft........................ 649
Title II--Research, Development, Test, and Evaluation............ 649
Research, Development, Test, and Evaluation Overview. 649
Overview............................................. 651
Tactical High Energy Laser........................... 660
Emergency preparedness training...................... 660
High energy laser research and development........... 660
Advanced tank armament system........................ 661
Defense manufacturing technology program............. 661
Overview............................................. 662
Biodegradable polymers............................... 674
Torpedoes and unmanned undersea vehicles............. 674
DP-2 thrust vectoring system proof-of-concept
demonstration...................................... 674
Virtual test bed for reconfigurable ship............. 675
Fleet health technology and occupational lung disease 675
Common towed array................................... 676
Advanced land attack missile......................... 676
Joint strike fighter................................. 677
Nonlethal research and technologies.................. 678
Power node control centers........................... 678
Advanced food service technology..................... 678
F-14 tactical reconnaissance......................... 678
Marine Corps ground combat/supporting arms systems... 679
Tactical unmanned aerial vehicles.................... 679
Overview............................................. 680
XSS-10 micro-satellite technology demonstration...... 691
Specialty aerospace metals........................... 691
Space-based radar.................................... 692
Space maneuver vehicle............................... 692
Space Based Laser program............................ 693
Electronic warfare development....................... 693
Satellite control network............................ 693
Manned reconnaissance systems........................ 694
Overview............................................. 694
Chemical and Biological Defense Program.............. 704
Nuclear sustainment and counterproliferation
technologies....................................... 705
Blast mitigation testing............................. 705
Chemical and biological detectors.................... 705
Facial recognition access control technology......... 705
Weapons of mass destruction attack-effects-response
assessment capability at U.S. Joint Forces Command. 707
Ballistic Missile Defense Organization funding and
programmatic guidance.............................. 707
Defense imagery and mapping program.................. 710
Special operations tactical systems development...... 710
Common imagery processor............................. 711
Defense Space Reconnaissance Program................. 711
Future scout and cavalry system...................... 712
Modernized hellfire/common missile................... 713
National Imagery and Mapping Agency pre-acquisition
activities......................................... 713
Nuclear Detonation Detection System.................. 715
Radar technology insertion program................... 716
Space launch ranges.................................. 716
Subtitle A--Authorization of Appropriations.............. 716
Authorization of appropriations (secs. 201-202)...... 716
Subtitle B--Program Requirements, Restrictions, and
Limitations............................................ 717
Management of Space-Based Infrared System-Low (sec.
211)............................................... 717
Joint strike fighter program (sec. 212).............. 717
Fiscal year 2002 joint field experiment (sec. 213)... 717
Nuclear aircraft carrier design and production
modeling (sec. 214)................................ 718
DD-21 class destroyer program (sec. 215)............. 718
Limitation on Russian American Observation Satellites
program (sec. 216)................................. 718
Joint Biological Defense Program (sec. 217).......... 719
Report on biological warfare defense vaccine research
and development programs (sec. 218)................ 719
Cost limitations applicable to F-22 aircraft program
(sec. 219)......................................... 720
Unmanned advanced capability combat aircraft and
ground combat vehicles (sec. 220).................. 720
Global Hawk high altitude endurance unmanned aerial
vehicle (sec. 221)................................. 721
Army space control technology development (sec. 222). 722
Subtitle C--Ballistic Missile Defense.................... 722
Funding for fiscal year 2001 (sec. 231).............. 722
Reports on ballistic missile threat posed by North
Korea (sec. 232)................................... 722
Plan to modify ballistic missile defense architecture
(sec. 233)......................................... 722
Management of Airborne Laser program (sec. 234)...... 723
Subtitle D--High Energy Laser Programs................... 723
High energy laser programs (secs. 241-250)........... 723
Subtitle E--Other Matters................................ 724
Reports on mobile offshore base concept and potential
use for certain purposes of technologies associated
with that concept (sec. 251)....................... 724
Air Force science and technology planning (sec. 252). 724
Enhancement of authorities regarding education
partnerships for purposes of encouraging scientific
study (sec. 253)................................... 724
Recognition of those individuals instrumental to
naval research efforts during the period from
before World War II through the end of the Cold War
(sec. 254)......................................... 724
Legislative Provisions not Adopted........................... 725
Acoustic mine detection technology................... 725
Additional authorization for weathering and corrosion
technology for aircraft surfaces and parts......... 725
Air logistics technology............................. 725
Ammunition risk analysis research.................... 725
Funding for comparisons of medium armored vehicles... 726
Joint technology information center initiative....... 726
Navy information technology center and human resource
enterprise strategy................................ 726
Sense of Congress concerning commitment to deployment
of National Missile Defense System................. 726
Technology for mounted maneuver forces............... 726
Title III--Operation and Maintenance............................. 727
Overview............................................. 727
Battlefield Mobility Enhancement System.............. 756
Cultural and historic activities..................... 756
MOCAS enhancements................................... 756
Items of Special Interest.................................... 757
Funding for Formerly Used Defense Sites and the
Conway Bombing and Gunnery Range, Horry County,
South Carolina..................................... 757
United States Army marksmanship program.............. 757
Water quality issues at installations in
Kaiserslautern, Germany............................ 758
Legislative Provisions Adopted............................... 758
Subtitle A--Authorization of Appropriations.............. 758
Authorization of appropriations (secs. 301-302)...... 758
Armed Forces Retirement Home (sec. 303).............. 758
Transfer from National Defense Stockpile Transaction
Fund (sec. 304).................................... 758
Joint warfighting capabilities assessment teams (sec.
305)............................................... 759
Subtitle B--Environmental Provisions..................... 759
Establishment of additional environmental restoration
account and use of accounts for operation and
monitoring of environmental remedies (sec. 311).... 759
Certain environmental restoration activities (sec.
312)............................................... 759
Annual reports under Strategic Environmental Research
and Development Program (sec. 313)................. 760
Payment of fines and penalties for environmental
compliance at Fort Wainwright, Alaska (sec. 314)... 760
Payment of fines or penalties imposed for
environmental compliance violations at other
Department of Defense facilities (sec. 315)........ 760
Reimbursement for certain costs in connection with
the former Nansemond Ordnance Depot Site, Suffolk,
Virginia (sec. 316)................................ 761
Necessity of military low-level flight training to
protect national security and enhance military
readiness (sec. 317)............................... 761
Ship disposal project (sec. 318)..................... 761
Defense Environmental Security Corporate Information
Management Program (sec. 319)...................... 762
Report on Plasma Energy Pyrolysis System (sec. 320).. 762
Sense of Congress regarding environmental restoration
of former defense manufacturing site, Santa
Clarita, California (sec. 321)..................... 762
Subtitle C--Commissaries and Nonappropriated Fund
Instrumentalities...................................... 763
Use of appropriated funds to cover operating expenses
of commissary stores (sec. 331).................... 763
Adjustment of sales prices of commissary store goods
and services to cover certain expenses (sec. 332).. 763
Use of surcharges for construction and improvement of
commissary stores (sec. 333)....................... 763
Inclusion of magazines and other periodicals as an
authorized commissary merchandise category (sec.
334)............................................... 763
Use of most economical distribution method for
distilled spirits (sec. 335)....................... 763
Report on effects of availability of slot machines on
United States military installations overseas (sec.
336)............................................... 764
Subtitle D--Department of Defense Industrial Facilities.. 764
Designation of Centers of Industrial and Technical
Excellence and public-private partnerships to
increase utilization of such centers (sec. 341).... 764
Unutilized and underutilized plant-capacity costs of
United States arsenals (sec. 342).................. 765
Arsenal support program initiative (sec. 343)........ 765
Codification and improvement of armament retooling
and manufacturing support programs (sec. 344)...... 765
Subtitle E--Performance of Functions by Private-Sector
Sources................................................ 765
Inclusion of additional information in reports to
Congress required before conversion of commercial
or industrial type functions to contractor
performance (sec. 351)............................. 765
Effects of outsourcing on overhead costs of Centers
of Industrial and Technical Excellence and Army
ammunition plants (sec. 352)....................... 766
Consolidation, restructuring, or re-engineering of
Department of Defense organizations, functions, or
activities (sec. 353).............................. 766
Monitoring of savings resulting from workforce
reductions as part of conversion of functions to
performance by private sector or other strategic
sourcing initiatives (sec. 354).................... 767
Performance of emergency response functions at
chemical weapons storage installations (sec. 355).. 767
Suspension of reorganization or relocation of Naval
Audit Service (sec. 356)........................... 767
Subtitle F--Defense Dependents Education................. 768
Eligibility of dependents of American Red Cross
employees for enrollment in Department of Defense
domestic dependent schools in Puerto Rico (sec.
361)............................................... 768
Assistance to local educational agencies that benefit
dependents of members of the armed forces and
Department of Defense civilian employees (sec. 362) 768
Impact aid for children with severe disabilities
(sec. 363)......................................... 768
Assistance for maintenance, repair, and renovation of
school facilities that serve dependents of members
of the Armed Forces and Department of Defense
civilian employees (sec. 364)...................... 768
Subtitle G--Military Readiness Issues.................... 769
Measuring cannibalization of parts, supplies, and
equipment under readiness reporting system (sec.
371)............................................... 769
Reporting requirements regarding transfers from high-
priority readiness appropriations (sec. 372)....... 769
Effects of worldwide contingency operations on
readiness of military aircraft and equipment (sec.
373)............................................... 769
Identification of requirements to reduce backlog in
maintenance and repair of defense facilities (sec.
374)............................................... 769
New methodology for preparing budget requests to
satisfy Army readiness requirements (sec. 375)..... 770
Review of AH-64 aircraft program (sec. 376).......... 770
Report on Air Force spare and repair parts program
for C-5 (sec. 377)................................. 770
Subtitle H--Other Matters................................ 770
Annual report on public sale of certain military
equipment identified on United States Munitions
List (sec. 381).................................... 770
Resale of armor-piercing ammunition disposed of by
the Army (sec. 382)................................ 771
Reimbursement by civil air carriers for support
provided at Johnston Atoll (sec. 383).............. 771
Travel by Reserves on military aircraft (sec. 384)... 771
Overseas airlift service on Civil Reserve Air Fleet
aircraft (sec. 385)................................ 771
Additions to plan for ensuring visibility over all
in-transit end items and secondary items (sec. 386) 772
Reauthorization of pilot program for acceptance and
use of landing fees charged for use of domestic
military airfields by civil aircraft (sec. 387).... 772
Extension of authority to sell certain aircraft for
use in wildfire suppression (sec. 388)............. 772
Damage to aviation facilities caused by alkali silica
reactivity (sec. 389).............................. 772
Demonstration project to increase reserve component
internet access and services in rural communities
(sec. 390)......................................... 772
Additional conditions on implementation of Defense
Joint Accounting System (sec. 391)................. 773
Report on Defense Travel System (sec. 392)........... 773
Review of Department of Defense costs of maintaining
historical properties (sec. 393)................... 773
Legislative Provisions not Adopted........................... 774
Authority to ensure demilitarization of significant
military equipment formerly owned by the Department
of Defense......................................... 774
Close-in weapon system overhauls..................... 774
Industrial mobilization capacity at government-owned,
government-operated army ammunition facilities and
arsenals........................................... 774
Investment of commissary trust revolving fund........ 774
MK-45 overhaul....................................... 774
Mounted urban combat training site, Fort Knox........ 775
National Guard assistance for certain youth and
charitable organizations........................... 775
Notice of use of radio frequency spectrum by a system
entering engineering and manufacturing development. 775
Revision of authority to waive limitation on
performance of depot-level maintenance............. 776
Spectrum data base upgrades.......................... 776
Use of humanitarian and civic assistance funding for
pay and allowances of special operations command
reserves furnishing demining training and related
assistance as humanitarian assistance.............. 776
Weatherproofing of facilities at Keesler Air Force
Base............................................... 776
Title IV--Military Personnel Authorizations...................... 777
Items of Special Interest.................................... 777
Funding for Army Reserve Individual Mobilization
Augmentees......................................... 777
Legislative Provisions Adopted............................... 777
Subtitle A--Active Forces................................ 777
End strengths for active forces (sec. 401)........... 777
Revision in permanent end strength minimum levels
(sec. 402)......................................... 777
Adjustment to end strength flexibility authority
(sec. 403)......................................... 778
Subtitle B--Reserve Forces............................... 778
End strengths for Selected Reserve (sec. 411)........ 778
End strengths for Reserves on active duty in support
of the reserves (sec. 412)......................... 778
End strengths for military technicians (dual status)
(sec. 413)......................................... 779
Fiscal year 2001 limitation on non-dual status
technicians (sec. 414)............................. 780
Increase in numbers of members in certain grades
authorized to be on active duty in support of the
Reserves (sec. 415)................................ 780
Subtitle C--Other Matters Relating to Personnel Strengths 781
Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or
national emergency (sec. 421)...................... 781
Exclusion from active component end strengths of
certain reserve component members on active duty in
support of the combatant commands (sec. 422)....... 782
Exclusion of Army and Air Force medical and dental
officers from limitation on strengths of reserve
comissioned officers in grades below brigadier
general (sec. 423)................................. 782
Authority for temporary increases in number of
reserve component personnel serving on active duty
or full-time national guard duty in certain grades
(sec. 424)......................................... 782
Subtitle D--Authorization of Appropriations.............. 782
Authorization of appropriations for military
personnel (sec. 431)............................... 782
Legislative Provisions not Adopted........................... 784
Temporary exemption of Director of the National
Security Agency from limitations on number of Air
Force officers above major general................. 784
Title V--Military Personnel Policy............................... 785
Legislative Provisions Adopted............................... 785
Subtitle A--Officer Personnel Policy................. 785
Eligibility of Army and Air Force reserve colonels
and brigadier generals for position vacancy
promotions (sec. 501).............................. 785
Flexibility in establishing promotion zones for Coast
Guard Reserve officers (sec. 502).................. 785
Time for release of reports of officer promotion
selection boards (sec. 503......................... 785
Clarification of requirements for composition of
active-duty list selection boards when reserve
officers are under consideration (sec. 504)........ 785
Authority to issue posthumous commissions in case of
members dying before official recommendation for
appointment or promotion is approved by Secretary
concerned (sec. 505)............................... 785
Technical corrections relating to retired grade rule
for Army and Air Force officers (sec. 506)......... 786
Grade of chiefs of reserve components and directors
of National Guard components (sec. 507)............ 786
Revision to rules for entitlement to separation pay
for regular and reserve officers (sec. 508)........ 786
Subtitle B--Reserve Component Personnel Policy........... 787
Exemption from active-duty list for reserve officers
on active duty for a period of three years or less
(sec. 521)......................................... 787
Termination of application requirement for
consideration of officers for continuation on the
reserve active-status list (sec. 522).............. 787
Authority to retain Air Force reserve officers in all
medical specialties until specified age (sec. 523). 787
Authority for provision of legal services to reserve
component members following release from active
duty (sec. 524).................................... 787
Extension of involuntary civil service retirement
date for certain reserve technicians (sec. 525).... 787
Subtitle C--Education and Training....................... 788
Eligibility of children of reserves for presidential
appointment to service academies (sec. 531)........ 788
Selection of foreign students to receive instruction
at service academies (sec. 532).................... 788
Revision of college tuition assistance program for
members of Marine Corps Platoon Leaders Class
program (sec. 533)................................. 788
Review of allocation of Junior Reserve Officers
Training Corps units among the services (sec. 534). 788
Authority for Naval Postgraduate School to enroll
certain defense industry civilians in specified
programs relating to defense product development
(sec. 535)......................................... 789
Subtitle D--Decorations, Awards, and Commendations....... 789
Limitation on award of Bronze Star to members in
receipt of Imminent Danger Pay (sec. 541).......... 789
Consideration of proposals for posthumous or honorary
promotions or appointments of members or former
members of the armed forces and other qualified
persons (sec. 542)................................. 789
Waiver of time limitations for award of certain
decorations to certain persons (sec. 543).......... 789
Addition of certain information to markers on graves
containing remains of certain unknowns from the
U.S.S. Arizona who died in the Japanese attack on
Pearl Harbor on December 7, 1941 (sec. 544)........ 790
Sense of Congress on the court-martial conviction of
Captain Charles Butler McVay, commander of the
U.S.S. Indianapolis, and on the courageous service
of the crew of that vessel (sec. 545).............. 790
Posthumous advancement on retired list of Rear
Admiral Husband E. Kimmel and Major General Walter
C. Short, senior officers in command in Hawaii on
December 7, 1941 (sec. 546)........................ 790
Commendation of citizens of Remy, France, for World
War II actions (sec. 547).......................... 791
Authority for award of the medal of honor to William
H. Pitsenbarger for valor during the Vietnam War
(sec. 548)......................................... 791
Subtitle E--Military Justice and Legal Aissitance Matters 791
Recognition by states of military testamentary
instruments (sec. 551)............................. 791
Policy concerning rights of individuals whose names
have been entered into Department of Defense
official criminal investigative reports (sec. 552). 791
Limitation on secretarial authority to grant clemency
for military prisoners serving sentence of
confinement for life without eligibility for parole
(sec. 553)......................................... 792
Authority for civilian special agents of the military
department criminal investigative organizations to
execute warrants and make arrests (sec. 554)....... 792
Requirement for verbatim record in certain special
court-martial cases (sec. 555)..................... 792
Commemoration of the fiftieth anniversary of the
Uniform Code of Military Justice (sec. 556)........ 793
Subtitle F--Matters Relating to Recruiting............... 793
Army recruiting pilot programs (sec. 561)............ 793
Enhancement of recruitment market research and
advertising programs (sec. 562).................... 793
Access to secondary schools for military recruiting
purposes (sec. 563)................................ 793
Pilot program to enhance military recruiting by
improving military awareness of school counselors
and educators (sec. 564)........................... 794
Subtitle G--Other Matters................................ 794
Extension to end of calendar year of expiration date
for certain force drawdown transition authorities
(sec. 571)......................................... 794
Voluntary separation incentive (sec. 572)............ 794
Congressional review period for assignment of women
to duty on submarines and for any proposed
reconfiguration or design of submarines to
accommodate female crew members (sec. 573)......... 795
Management and per diem requirements for members
subject to lengthy or numerous deployments (sec.
574)............................................... 795
Pay in lieu of allowance for funeral honors duty
(sec. 575)......................................... 795
Test of ability of reserve component intelligence
units and personnel to meet current and emerging
defense intelligence needs (sec. 576).............. 796
National Guard Challenge Program (sec. 577).......... 796
Study of use of civilian contractor pilots for
operational support missions (sec. 578)............ 796
Reimbursement for expenses incurred by members in
connection with cancellation of leave on short
notice (sec. 579).................................. 797
Legislative Provisions not Adopted........................... 797
Authority for award of the Medal of Honor............ 797
Collection and use of deoxyribonucleic acid
identification information from violent and sexual
offenders in the armed forces...................... 797
Contingent exemption from limitation on number of Air
Force officers serving on active duty in grades
above major general................................ 798
Joint Officer Management............................. 798
Military Voting Rights Act of 2000................... 798
Preparation, participation, and conduct of athletic
competitions and small arms competitions by the
National Guard and members of the National Guard... 798
Repeal of contingent funding increase for Junior
Reserve Officers Training Corps.................... 798
Review of actions of selection boards................ 799
Title VI--Compensation and other Personnel Benefits.............. 799
Legislative Provisions Adopted............................... 799
Subtitle A--Pay and Allowances........................... 799
Increase in basic pay for fiscal year 2001 (sec. 601) 799
Additional restructuring of basic pay rates for
enlisted members (sec. 602)........................ 799
Revised method for calculation of basic allowance for
subsistence (sec. 603)............................. 800
Family subsistence supplemental allowance for low-
income members of the Armed Forces (sec. 604)...... 800
Basic allowance for housing (sec. 605)............... 800
Additional amount available for fiscal year 2001
increase in basic allowance for housing inside the
United States (sec. 606)........................... 801
Equitable treatment of junior enlisted members in
computation of basic allowance for housing (sec.
607)............................................... 801
Eligibility of members in grade E-4 to receive basic
allowance for housing while on sea duty (sec. 608). 801
Personal money allowance for senior enlisted members
of the armed forces (sec. 609)..................... 801
Increased uniform allowances for officers (sec. 610). 801
Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members (sec.
611)............................................... 802
Increase in monthly subsistence allowance for members
of precommissioning programs (sec. 612)............ 802
Subtitle B--Bonuses and Special and Incentive Pays....... 802
Extension of certain bonuses and special pay
authorities for reserve forces (sec. 621).......... 802
Extension of certain bonuses and special pay
authorities for nurse officer candidates,
registered nurses, and nurse anesthetists (sec.
622)............................................... 802
Extension of authorities relating to payment of other
bonuses and special pays (sec. 623)................ 803
Revision of enlistment bonus authority (sec. 624).... 803
Consistency of authorities for special pay for
reserve medical and dental officers (sec. 625)..... 803
Elimination of required congressional notification
before implementation of certain special pay
authority (sec. 626)............................... 803
Special pay for physician assistants of the Coast
Guard (sec. 627)................................... 803
Authorization of special pay and accession bonus for
pharmacy officers (sec. 628)....................... 804
Correction of references to Air Force veterinarians
(sec. 629)......................................... 804
Career sea pay (sec. 630)............................ 804
Increased maximum rate of special duty assignment pay
(sec. 631)......................................... 804
Entitlement of members of the National Guard and
other reserves not on active duty to receive
special duty assignment pay (sec. 632)............. 804
Authorization of retention bonus for members of the
armed forces qualified in a critical military skill
(sec. 633)......................................... 805
Entitlement of active duty officers of the Public
Health Service Corps to special pays and bonuses of
health professional officers of the armed forces
(sec. 634)......................................... 805
Subtitle C--Travel and Transportation Allowances......... 805
Advance payments for temporary lodging of members and
dependents (sec. 641).............................. 805
Additional transportation allowance regarding baggage
and household effects (sec. 642)................... 805
Incentive for shipping and storing household goods in
less than average weights (sec. 643)............... 805
Equitable dislocation allowances for junior enlisted
members (sec. 644)................................. 806
Authority to reimburse military recruiters, senior
ROTC cadre, and Military Entrance Processing
personnel for certain parking expenses (sec. 645).. 806
Expansion of funded student travel for dependents
(sec. 646)......................................... 806
Subtitle D--Retirement and Survivor Benefit Matters...... 806
Exception to high-36-month retired pay computation
for members retired following a disciplinary
reduction in grade (sec. 651)...................... 806
Increase in maximum number of reserve retirement
points that may be credited in any year (sec. 652). 806
Retirement from active reserve service after regular
retirement (sec. 653).............................. 807
Same treatment for federal judges as for other
federal officials regarding payment of military
retired pay (sec. 654)............................. 807
Reserve Component Survivor Benefit Plan spousal
consent requirement (sec. 655)..................... 807
Sense of Congress on increasing Survivor Benefit Plan
annuities for surviving spouses age 62 or older
(sec. 656)......................................... 807
Revision to special compensation authority to repeal
exclusion of uniformed services retirees in receipt
of disability retired pay (sec. 657)............... 807
Subtitle E--Other Matters................................ 808
Participation in Thrift Savings Plan (sec. 661)...... 808
Determinations of income eligibility for special
supplemental food program (sec. 662)............... 808
Billeting services for reserve members traveling for
inactive-duty training (sec. 663).................. 808
Settlement of claims for payments for unused accrued
leave and for retired pay (sec. 664)............... 808
Additional benefits and protections for personnel
incurring injury, illness, or disease in the
performance of funeral honors duty (sec. 665)...... 809
Authority for extension of deadline for filing claims
associated with capture and interment of certain
persons by North Vietnam (sec. 666)................ 809
Back pay for members of the Navy and Marine Corps
selected for promotion while interned as prisoners
of war during World War II (sec. 667).............. 809
Sense of Congress concerning funding for reserve
components (sec. 668).............................. 809
Legislative Provisions Not Adopted........................... 809
Authority to pay gratuity to certain veterans of
Bataan and Corregidor.............................. 809
Benefits for members not transporting personal motor
vehicles overseas.................................. 810
Computation of survivor benefits..................... 810
Concurrent payment of retired pay and compensation
for retired members with service-connected
disabilities....................................... 810
Concurrent payment to surviving spouses of Disability
and Indemnity Compensation and annuities under
Survivor Benefit Plan.............................. 810
Effective date of disability retirement for members
dying in civilian medical facilities............... 810
Eligibility of certain members of the Individual
Ready Reserve for Servicemembers' Group Life
Insurance.......................................... 811
Equitable application of early retirement eligibility
requirements to military reserve technicians....... 811
Family coverage under Servicemembers' Group Life
Insurance.......................................... 811
Fees paid by residents of the Armed Forces Retirement
Home............................................... 811
Recognition of members of the Alaska Territorial
Guard as veterans.................................. 811
Survivor benefit plan annuities for survivors of all
members who die on active duty..................... 812
Travel by reservists on military aircraft to and from
locations outside the continental United States for
inactive-duty training............................. 812
Title VII--Health Care Provisions................................ 812
Legislative Provisions Adopted............................... 812
Subtitle A--Health Care Services......................... 812
Provision of domiciliary and custodial care for
CHAMPUS beneficiaries and certain former CHAMPUS
beneficiaries (sec. 701)........................... 812
Chiropractic health care for members on active duty
(sec. 702)......................................... 812
School-required physical examinations for certain
minor dependents (sec. 703)........................ 813
Two-year extension of dental and medical benefits for
surviving dependents of certain deceased members
(sec. 704)......................................... 813
Two-year extension of authority for use of contract
physicians at military entrance processing stations
and elsewhere outside medical treatment facilities
(sec. 705)......................................... 813
Medical and dental care for medal of honor recipients
(sec. 706)......................................... 813
Subtitle B--Senior Health Care........................... 814
Implementation of TRICARE senior pharmacy program
(sec. 711)......................................... 814
Conditions for eligibility for CHAMPUS and TRICARE
upon the attainment of age 65; expansion and
modification of medicare subvention project (sec.
712)............................................... 814
Accrual funding for health care for Medicare-eligible
retirees and dependents (sec. 713)................. 815
Subtitle C--TRICARE Program.............................. 815
Improvement of access to health care under the
TRICARE program (sec. 721)......................... 815
Additional beneficiaries under TRICARE prime remote
program in the continental United States (sec. 722) 816
Modernization of TRICARE business practices and
increase of use of military treatment facilities
(sec. 723)......................................... 816
Extension of TRICARE managed care support contracts
(sec. 724)......................................... 816
Report on protections against health care providers
seeking direct reimbursement from members of the
uniformed services (sec. 725)...................... 817
Voluntary termination of enrollment in TRICARE
retiree dental program (sec. 726).................. 817
Claims processing improvements (sec. 727)............ 817
Prior authorizations for certain referrals and
nonavailability-of-health-care statements (sec.
728)............................................... 817
Subtitle D--Demonstration Projects....................... 818
Demonstration project for expanded access to mental
health counselors (sec. 731)....................... 818
Teleradiology demonstration project (sec. 732)....... 818
Health care management demonstration program (sec.
733)............................................... 818
Subtitle E--Joint Initiatives With Department of Veterans
Affairs................................................ 818
VA-DOD sharing agreements for health services (sec.
741)............................................... 818
Processes for patient safety in military and veterans
health care systems (sec. 742)..................... 819
Cooperation in developing pharmaceutical
identification technology (sec. 743)............... 819
Subtitle F--Other Matters................................ 819
Management of anthrax vaccine immunization program
(sec. 751)......................................... 819
Elimination of copayments for immediate family (sec.
752)............................................... 819
Medical informatics (sec. 753)....................... 820
Patient care reporting and management system (sec.
754)............................................... 820
Augmentation of Army medical department by detailing
reserve officers of the Public Health Service (sec.
755)............................................... 820
Privacy of Department of Defense medical records
(sec. 756)......................................... 820
Authority to establish special locality-based
reimbursement rates; reports (sec. 757)............ 821
Reimbursement for certain travel expenses (sec. 758). 821
Reduction of cap on payments (sec. 759).............. 821
Training in health care management and administration
(sec. 760)......................................... 821
Study on feasibility of sharing biomedical research
facility (sec. 761)................................ 821
Study on comparability of coverage for physical,
speech, and occupational therapies (sec. 762)...... 822
Legislative Provisions not Adopted........................... 822
Extended coverage under the Federal Employees Health
Benefits Program................................... 822
Extension of TRICARE senior supplement program....... 822
Service areas of transferees of former uniformed
services treatment facilities...................... 822
Study of accrual financing for health care for
military retirees.................................. 822
Study of accrual financing for health care for
retirees of the uniformed services................. 823
Study on health care options for medicare-eligible
military retirees.................................. 823
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters................................................ 823
Items of Special Interest.................................... 823
Acquisition programs at the National Security Agency. 823
Legislative Provisions Adopted............................... 824
Subtitle A--Amendments to General Contracting
Authorities, Procedures, and Limitations............... 824
Department of Defense acquisition pilot programs
(sec. 801)......................................... 824
Multiyear services contracts (sec. 802).............. 824
Clarification and extension of authority to carry out
certain prototype projects (sec. 803).............. 825
Clarification of authority of Comptroller General to
review records of participants in certain prototype
projects (sec. 804)................................ 825
Extension of time period of limitation on procurement
of ball bearings and roller bearings (sec. 805).... 826
Reporting requirements relating to multiyear
contracts (sec. 806)............................... 826
Eligibility of small business concerns owned and
controlled by women for assistance under the
mentor-protege program (sec. 807).................. 826
Qualifications required for employment and assignment
in contracting positions (sec. 808)................ 826
Revision of authority for solutions-based contracting
pilot program (sec. 809)........................... 827
Procurement notice of contracting opportunities
through electronic means (sec. 810)................ 827
Subtitle B--Information Technology....................... 827
Acquisition and management of information technology
(sec. 811)......................................... 827
Tracking and management of information technology
purchases (sec. 812)............................... 827
Appropriate use of requirements regarding experience
and education of contractor personnel in the
procurement of information technology services
(sec. 813)......................................... 828
Navy-Marine Corps Intranet (sec. 814)................ 828
Sense of Congress regarding information technology
systems for guard and reserve components (sec. 815) 829
Subtitle C--Other Acquisition-Related Matters............ 829
Improvements in procurements of services (sec. 821).. 829
Financial analysis of use of dual rate for
quantifying overhead costs at army ammunition
plants (sec. 822).................................. 830
Repeal of prohibition on use of Department of Defense
funds for the procurement of nuclear-capable
shipyard crane from a foreign source (sec. 823).... 830
Extension of waiver period for live-fire
survivability testing for MH-47E and MH-60K
helicopter modifications programs (sec. 824)....... 830
Compliance with existing law regarding purchases of
equipment and products (sec. 825).................. 830
Requirement to disregard certain agreements in
awarding contracts for the purchase of firearms or
ammunition (sec. 826).............................. 831
Subtitle D--Studies and Reports.......................... 831
Study on impact of foreign sourcing of systems on
long-term military readiness and related industrial
infrastructure (sec. 831).......................... 831
Study of policies and procedures for transfer of
commercial activities (sec. 832)................... 831
Study and report on practice of contract bundling in
military construction contracts (sec. 833)......... 831
Requirement to conduct study on contract bundling
(sec. 834)......................................... 831
Legislative Provisions not Adopted........................... 832
Management of acquisition of mission-essential
software for major defense acquisition programs.... 832
Repeal of requirement for contractor assurances
regarding the completeness, accuracy, and
contractual sufficiency of technical data provided
by contractor...................................... 832
Revision of the organization and authority of the
cost accounting standards board.................... 832
Technical data rights for items developed exclusively
at private expense................................. 832
Title IX--Department of Defense Organization and Management...... 833
Legislative Provisions Adopted............................... 833
Subtitle A--Duties and Functions of Department of Defense
Officers............................................... 833
Overall supervision of Department of Defense
activities for combating terrorism (sec. 901)...... 833
Change of title of certain positions in the
Headquarters, Marine Corps (sec. 902).............. 834
Clarification of scope of Inspector General
authorities under military whistleblower law (sec.
903)............................................... 834
Policy to ensure conduct of science and technology
programs so as to foster the transition of science
and technology to higher levels of research,
development, test, and evaluation (sec. 904)....... 834
Additional components of Chairman of the Joint Chiefs
of Staff annual report on combatant command
requirements (sec. 905)............................ 835
Subtitle B--Department of Defense Organization........... 835
Western Hemisphere Institute for Security Cooperation
(sec. 911)......................................... 835
Department of Defense regional centers for security
studies (sec. 912)................................. 836
Change in name of Armed Forces Staff College to Joint
Forces Staff College (sec. 913).................... 836
Special authority for administration of Navy Fisher
Houses (sec. 914).................................. 836
Supervisory control of Armed Forces Retirement Home
Board by Secretary of Defense (sec. 915)........... 837
Semiannual report on the Joint Requirements Oversight
Council reform initiative (sec. 916)............... 837
Comptroller General review of operations of Defense
Logistics Agency (sec. 917)........................ 837
Comptroller General review of operations of Defense
Information Systems Agency (sec. 918).............. 837
Subtitle C--Information Security......................... 838
Institute for Defense Computer Security and
Information Protection (sec. 921).................. 838
Information security scholarship program (sec. 922).. 838
Subtitle D--Reports...................................... 838
Date of submittal of reports on shortfalls in
equipment procurement and military construction for
reserve components in future-years defense programs
(sec. 931)......................................... 838
Report on number of personnel assigned to legislative
liaison functions (sec. 932)....................... 838
Joint report on establishment of national
collaborative information analysis capability (sec.
933)............................................... 839
Network centric warfare (sec. 934)................... 839
Report on Air Force Institute of Technology (sec.
935)............................................... 839
Subtitle E--Other Matters................................ 840
Flexibility in implementation of limitation on major
Department of Defense headquarters activities
personnel (sec. 941)............................... 840
Consolidation of certain Navy gift funds (sec. 942).. 840
Temporary authority to dispose of a gift previously
accepted for the Naval Academy (sec. 943).......... 840
Legislative Provisions not Adopted........................... 840
Defense acquisition workforce........................ 840
National Defense Panel 2001.......................... 841
Quadrennial National Defense Panel................... 841
Title X--General Provisions...................................... 841
Legislative Provisions Adopted............................... 841
Subtitle A--Financial Matters............................ 841
Transfer authority (sec. 1001)....................... 841
Incorporation of classified annex (sec. 1002)........ 841
Authorization of emergency supplemental
appropriations for fiscal year 2000 (sec. 1003).... 841
United States contribution to NATO common-funded
budgets in fiscal year 2001 (sec. 1004)............ 842
Limitation on funds for Bosnia and Kosovo
peacekeeping operations for fiscal year (sec. 1005) 842
Requirement for prompt payment of contract vouchers
(sec. 1006)........................................ 842
Plan for the prompt recording of obligations of funds
for contractual transactions (sec. 1007)........... 843
Electronic submission and processing of claims for
contract payments (sec. 1008)...................... 843
Administrative offsets for overpayment of
transportation costs (sec. 1009)................... 843
Interest penalties for late payments of interim
payments due under Government service contracts
(sec. 1010)........................................ 843
Subtitle B--Naval Vessels and Shipyards.................. 844
Revisions to national defense features program (sec.
1011).............................................. 844
Sense of Congress on the naming of the CVN-77
aircraft carrier (sec. 1012)....................... 844
Authority to transfer naval vessels to certain
foreign countries (sec. 1013)...................... 844
Authority to consent to retransfer of alternative
former naval vessel by Government of Greece (sec.
1014).............................................. 844
Subtitle C--Counter-Drug Activities...................... 845
Extension of authority to provide additional support
for counter-drug activities of Colombia (sec. 1021) 846
Report on Department of Defense expenditures to
support foreign counter-drug activities (sec. 1022) 846
Recommendations on expansion of support for counter-
drug activities (sec. 1023)........................ 846
Review of riverine counter-drug program (sec. 1024).. 847
Report on tethered aerostat radar system (sec. 1025). 847
Sense of Congress regarding use of the armed forces
for counter-drug and counter-terrorism activities
(sec. 1026)........................................ 847
Subtitle D--Counterterrorism and Domestic Preparedness... 848
Preparedness of military installation first
responders for incidents involving weapons of mass
destruction (sec. 1031)............................ 848
Additional weapons of mass destruction civil support
teams (sec. 1032).................................. 848
Authority to provide loan guarantees to improve
domestic preparedness to combat cyberterrorism
(sec. 1033)........................................ 849
Report on the status of domestic preparedness against
the threat of biological terrorism (sec. 1034)..... 849
Report on strategy, policies, and programs to combat
domestic terrorism (sec. 1035)..................... 849
Subtitle E--Strategic Forces............................. 850
Revised nuclear posture review (sec. 1041)........... 850
Plan for the long-term sustainment and modernization
of United States strategic nuclear forces (sec.
1042).............................................. 850
Modification of scope of waiver authority for
limitation on retirement or dismantlement of
strategic nuclear delivery systems (sec. 1043)..... 850
Report on the defeat of hardened and deeply buried
targets (sec. 1044)................................ 851
Sense of Congress on the maintenance of the Strategic
Nuclear Triad (sec. 1045).......................... 851
Subtitle F--Miscellaneous Reporting Requirements......... 851
Management review of working-capital fund activities
(sec. 1051)........................................ 851
Report on submarine rescue support vessels (sec.
1052).............................................. 851
Report on Federal Government progress in developing
information assurance strategies (sec. 1053)....... 852
Department of Defense process for decisionmaking in
cases of false claims (sec. 1054).................. 852
Subtitle G--Government Information Security Reform....... 852
Government information security reform (secs. 1061-
1065).............................................. 852
Subtitle H--Security Matters............................. 853
Limitation on granting of security clearances (sec.
1071).............................................. 853
Process for prioritizing background investigations
for security clearances for Department of Defense
personnel and defense contractor personnel (sec.
1072).............................................. 853
Authority to withhold certain sensitive information
from public disclosure (sec. 1073)................. 853
Expansion of authority to exempt geodetic products of
the Department of Defense from public disclosure
(sec. 1074)........................................ 854
Expenditures for declassification activities (sec.
1075).............................................. 854
Enhanced access to criminal history record
information for national security and other
purposes (sec. 1076)............................... 854
Two-year extension of authority to engage in
commercial activities as security for intelligence
collection activities (sec. 1077).................. 854
Coordination of nuclear weapons secrecy policies and
consideration of health of workers at former
Department of Defense nuclear facilities (sec.
1078).............................................. 855
Subtitle I--Other Matters................................ 855
Funds for administrative expenses under Defense
Export Loan Guarantee program (sec. 1081).......... 855
Transit pass program Department of Defense personnel
in poor air quality areas (sec. 1082).............. 855
Transfer of Vietnam-era TA-4 aircraft to a non-profit
foundation (sec. 1083)............................. 856
Transfer of 19th century cannon to museum (sec. 1084) 856
Fees for providing historical information to the
public (sec. 1085)................................. 856
Grants to American Red Cross for Armed Forces
emergency services (sec. 1086)..................... 856
Technical and clerical amendments (sec. 1087)........ 857
Maximum size of parcel post packages transported
overseas for Armed Forces post offices (sec. 1088). 857
Sense of Congress regarding tax treatment of members
receiving special pay for duty subject to hostile
fire or imminent danger (sec. 1089)................ 857
Organization and management of the civil air patrol
(sec. 1090)........................................ 857
Additional duties for the Commission to Assess United
States National Security Space Management and
Organization (sec. 1091)........................... 858
Commission on the future of the United States
aerospace industry (sec. 1092)..................... 858
Drug addiction treatment (sec. 1093)................. 858
Legislative Provisions not Adopted........................... 858
Annual OMB/CBO joint report on scoring budget outlays 858
Authority to provide headstones or markers for marked
graves or otherwise commemorate certain individuals 858
Breast cancer stamp extension........................ 859
Comprehensive study and support for criminal
investigations and prosecutions by state and local
law enforcement officials.......................... 859
Local Law Enforcement Enhancement Act of 2000........ 859
Plan to ensure compliance with financial management
requirements....................................... 859
Protection of operational files of the Defense
Intelligence Agency................................ 859
Repeal of certain provisions shifting outlays from
one fiscal year to another......................... 860
Report to the Congress regarding extent and severity
of child poverty................................... 860
Sense of the Senate concerning long-term economic
development aid for communities rebuilding from
hurricane Floyd.................................... 860
Title XI--Department of Defense Civilian Personnel............... 860
Legislative Provisions Adopted............................... 860
Subtitle A--Civilian Personnel Management Generally...... 860
Employment and compensation of employees for
temporary organizations established by law or
executive order (sec. 1101)........................ 860
Assistive technology accommodations program (sec.
1102).............................................. 861
Extension of authority for voluntary separations in
reductions in force (sec. 1103).................... 861
Electronic maintenance of performance appraisal
systems (sec. 1104)................................ 861
Study on civilian personnel services (sec. 1105)..... 861
Subtitle B--Demonstration and Pilot Programs............. 862
Pilot program for reengineering the equal employment
opportunity complaint process (sec. 1111).......... 862
Work safety demonstration program (sec. 1112)........ 862
Extension, expansion, and revision of authority for
experimental personnel program for scientific and
technical personnel (sec. 1113).................... 862
Clarification of personnel management authority under
personnel demonstration project (sec. 1114)........ 862
Subtitle C--Educational Assistance....................... 863
Restructuring the restriction on degree training
(sec. 1121)........................................ 863
Student loan repayment programs (sec. 1122).......... 863
Extension of authority for tuition reimbursement and
training for civilian employees in the defense
acquisition workforce (sec. 1123).................. 863
Subtitle D--Other Benefits............................... 864
Additional special pay for foreign language
proficiency beneficial for United States national
security interests (sec. 1131)..................... 864
Approval authority for cash awards in excess of
$10,000 (sec. 1132)................................ 864
Leave for crews of certain vessels (sec. 1133)....... 864
Life insurance for emergency essential Department of
Defense employees (sec. 1134)...................... 864
Subtitle E--Intelligence Civilian Personnel.............. 864
Expansion of defense civilian intelligence personnel
system positions (sec. 1141)....................... 864
Increase in number of positions authorized for the
Defense Intelligence Senior Executive Service (sec.
1142).............................................. 865
Subtitle F--Voluntary Separation Incentive Pay and Early
Retirement Authority................................... 865
Voluntary separation incentive pay and early
retirement authority (secs. 1151-1153)............. 865
Legislative Provisions not Adopted........................... 865
Department of Defense employee voluntary early
retirement authority............................... 865
Extension of authority for voluntary separations in
reductions in force................................ 866
Extension, revision, and expansion of authorities for
use of voluntary separation incentive pay and
voluntary early retirement......................... 866
Strategic plan....................................... 866
Title XII--Matters Relating to Other Nations..................... 866
Legislative Provisions Adopted............................... 866
Subtitle A--Matters Related to Arms Control.............. 866
Support of United Nations-sponsored efforts to
inspect and monitor Iraqi weapons activities (sec.
1201).............................................. 866
Support of consultations on Arab and Israeli arms
control and regional security issues (sec. 1202)... 866
Furnishing of nuclear test monitoring equipment to
foreign governments (sec. 1203).................... 867
Additional matters for annual report on transfers of
militarily sensitive technology to countries and
entities of concern (sec. 1204).................... 867
Subtitle B--Matters Relating to the Balkans.............. 867
Annual report assessing effect of continued
operations in the Balkans region on readiness to
execute the national military strategy (sec. 1211). 867
Situation in the Balkans (sec. 1212)................. 868
Semiannual report on Kosovo peacekeeping (sec. 1213). 868
Subtitle C--North Atlantic Treaty Organization and United
States Forces in Europe................................ 869
NATO fair burdensharing (sec. 1221).................. 869
Repeal of restriction preventing cooperative airlift
support through acquisition and cross-servicing
agreements (sec. 1222)............................. 870
GAO study on the benefits and costs of the United
States military engagement in Europe (sec. 1223)... 870
Subtitle D--Other Matters................................ 870
Joint data exchange center with Russian Federation on
early warning systems and notification of ballistic
missile launches (sec. 1231)....................... 870
Report on sharing and exchange of ballistic missile
launch early warning data (sec. 1232).............. 871
Annual report of Communist Chinese military companies
operating in the United States (sec. 1233)......... 871
Adjustment of composite theoretical performance
levels of high performance computers (sec. 1234)... 871
Increased authority to provide healthcare services as
humanitarian and civic assistance (sec. 1235)...... 872
Sense of Congress regarding the use of children as
soldiers (sec. 1236)............................... 872
Sense of Congress regarding undersea rescue and
recovery (sec. 1237)............................... 873
United States-China Security Review Commission (sec.
1238).............................................. 873
Legislative Provisions not Adopted........................... 873
Limitation on number of military personnel in
Colombia........................................... 873
Prohibition on assumption by United States Government
of liability for nuclear accidents in North Korea.. 874
Title XIII--Cooperative Threat Reduction With States of the
Former Soviet Union............................................ 874
Legislative Provisions Adopted............................... 874
Specification of cooperative threat reduction
programs and funds (sec. 1301)..................... 874
Funding allocations (sec. 1302)...................... 874
Prohibition on use of funds for elimination of
conventional weapons (sec. 1303)................... 875
Limitations on use of funds for fissile material
storage facility (sec. 1304)....................... 875
Limitation on use of funds to support warhead
dismantlement processing (sec. 1305)............... 875
Agreement on nuclear weapons storage sites (sec.
1306).............................................. 875
Limitation on use of funds for construction of fossil
fuel energy plants; report (sec. 1307)............. 876
Reports on activities and assistance under
cooperative threat reduction programs (sec. 1308).. 876
Russian chemical weapons elimination (sec. 1309)..... 877
Limitation on use of funds for elimination of weapons
grade plutonium program (sec. 1310)................ 878
Report on audits of Cooperative Threat Reduction
programs (sec. 1311)............................... 878
Legislative Provisions Not Adopted........................... 878
Limitation on use of funds for prevention of
biological weapons proliferation in Russia......... 878
Title XIV--Commission to Assess the Threat to the United States
from Electromagnetic Pulse (EMP) Attack........................ 879
Legislative Provisions Adopted............................... 879
Commission to assess the threat to the United States
from electromagnetic pulse (EMP) attack (secs.
1401-1409)......................................... 879
Title XV--Navy Activities on the Island of Vieques, Puerto Rico.. 879
Legislative Provisions Adopted............................... 879
Navy activities on the island of Vieques, Puerto Rico
(secs. 1501-1508).................................. 879
Title XVI--Veterans Education Benefits........................... 881
Legislative Provisions Adopted............................... 881
Additional opportunity for certain VEAP participants
to enroll in basic educational assistance under
Montgomery G.I. Bill (sec. 1601)................... 881
Modification of authority to pay tuition for off-duty
training and education (sec. 1602)................. 882
Clarification of Department of Veterans Affairs duty
to assist (sec. 1611).............................. 882
Legislative Provisions not Adopted........................... 882
Modification of time for use by certain members of
the Selected Reserve of entitlement to educational
assistance......................................... 882
Modification of time for use by certain members of
Selected Reserve of entitlement to certain
educational assistance............................. 882
Short title.......................................... 882
Transfer of entitlement to educational assistance by
certain members of the armed forces................ 882
Title XVII--Assistance to Firefighters........................... 883
Legislative Provisions Adopted............................... 883
Assistance to Firefighters (secs. 1701-1707)......... 883
Title XVIII--Impact Aid.............................. 885
Legislative Provisions Adopted............................... 885
Impact Aid Reauthorization Act of 2000 (secs. 1801-
1818).............................................. 885
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 885
Overview............................................. 885
Title XXI--Army.................................................. 905
Overview............................................. 905
Legislative Provisions Adopted............................... 905
Authorized Army construction and land acquisition
projects (sec. 2101)............................... 905
Family housing (sec. 2102)........................... 905
Improvements to military family housing units (sec.
2103).............................................. 906
Authorization of appropriations, Army (sec. 2104).... 906
Modification of authority to carry out certain fiscal
year 2000 projects (sec. 2105)..................... 906
Modification of authority to carry out certain fiscal
year 1999 projects (sec. 2106)..................... 906
Modification of authority to carry out fiscal year
1998 project (sec. 2107)........................... 907
Authority to accept funds for realignment of certain
military construction project, Fort Campbell,
Kentucky (sec. 2108)............................... 907
Title XXII--Navy................................................. 907
Overview............................................. 907
Items of Special Interest.................................... 908
Improvements to military family housing, Navy........ 908
Legislative Provisions Adopted............................... 908
Authorized Navy construction and land acquisition
projects (sec. 2201)............................... 908
Family housing (sec. 2202)........................... 908
Improvements to military family housing units (sec.
2203).............................................. 908
Authorization of appropriations, Navy (sec. 2204).... 908
Modification of authority to carry out fiscal year
1997 project at Marine Corps Combat Development
Command, Quantico, Virginia (sec. 2205)............ 909
Title XXIII--Air Force........................................... 909
Overview............................................. 909
Legislative Provisions Adopted............................... 909
Authorized Air Force construction and land
acquisition projects (sec. 2301)................... 909
Family housing (sec. 2302)........................... 909
Improvements to military family housing units (sec.
2303).............................................. 910
Authorization of appropriations, Air Force (sec.
2304).............................................. 910
Title XXIV--Defense Agencies..................................... 910
Overview............................................. 910
Items of Special Interest.................................... 910
Military construction projects, Manta Air Base,
Ecuador............................................ 910
Legislative Provisions Adopted............................... 911
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)................... 911
Energy conservation projects (sec. 2402)............. 911
Authorization of appropriations, Defense Agencies
(sec. 2403)........................................ 911
Modification of authority to carry out certain fiscal
year 1990 project (sec. 2404)...................... 911
Title XXV--North Atlantic Treaty Organization Security Investment
Program........................................................ 912
Overview............................................. 912
Legislative Provisions Adopted............................... 912
Authorized NATO construction and land acquisition
projects (sec. 2501)............................... 912
Authorization of appropriations, NATO (sec. 2502).... 912
Title XXVI--Guard and Reserve Forces Facilities.................. 912
Overview............................................. 912
Items of Special Interest.................................... 913
Support for Weapons of Mass Destruction Civil Support
Teams.............................................. 913
Legislative Provisions Adopted............................... 913
Authorized Guard and Reserve construction and land
acquisition projects (sec. 2601)................... 913
Authority to contribute to construction of airport
tower, Cheyenne Airport, Cheyenne, Wyoming (sec.
2602).............................................. 913
Title XXVII--Expiration and Extension of Authorizations.......... 913
Legislative Provisions Adopted............................... 913
Expiration of authorizations and amounts required to
be specified by law (sec. 2701).................... 913
Extension of authorizations of certain fiscal year
1998 projects (sec. 2702).......................... 914
Extension of authorizations of certain fiscal year
1997 projects (sec. 2703).......................... 914
Effective date (sec. 2704)........................... 914
Title XXVIII--General Provisions................................. 914
Subtitle A--Military Construction Program and Military
Family Housing Changes................................. 914
Joint use military construction projects (sec. 2801). 914
Exclusion of certain costs from determination of
applicability of limitation on use of funds for
improvement of family housing (sec. 2802).......... 915
Revision of space limitations for military family
housing (sec. 2803)................................ 915
Modification of lease authority for high-cost
military family housing (sec. 2804)................ 915
Provision of utilities and services under alternative
authority for acquisition and improvement of
military housing (sec. 2805)....................... 916
Extension of alternative authority for acquisition
and improvement of military housing (sec. 2806).... 916
Expansion of definition of armory to include
readiness centers (sec. 2807)...................... 916
Subtitle B--Real Property and Facilities Administration.. 917
Increase in threshold for notice and wait
requirements for real property transactions (sec.
2811).............................................. 917
Enhancement of authority of military departments to
lease non-excess property (sec. 2812).............. 917
Conveyance authority regarding utility systems of
military departments (sec. 2813)................... 917
Permanent conveyance authority to improve property
management (sec. 2814)............................. 918
Subtitle C--Defense Base Closure and Realignment......... 918
Scope of agreements to transfer property to
redevelopment authorities without consideration
under the base closure laws (sec. 2821)............ 918
Subtitle D--Land Conveyances............................. 919
Part I--Army Conveyances................................. 919
Transfer of jurisdiction, Rock Island Arsenal,
Illinois (sec. 2831)............................... 919
Land conveyance, Army Reserve Center, Galesburg,
Illinois (sec. 2832)............................... 919
Land conveyance, Charles Melvin Price Support Center,
Illinois (sec. 2833)............................... 919
Land conveyance, Fort Riley, Kansas (sec. 2834)...... 919
Land conveyance, Fort Polk, Louisiana (sec. 2835).... 920
Land conveyance, Army Reserve Center, Winona,
Minnesota (sec. 2836).............................. 920
Land conveyance, Fort Dix, New Jersey (sec. 2837).... 920
Land conveyance, Nike Site 43, Elrama, Pennsylvania
(sec. 2838)........................................ 920
Land exchange, Army Reserve Local Training Center,
Chattanooga, Tennessee (sec. 2839)................. 920
Land exchange, Fort Hood, Texas (sec. 2840).......... 921
Land conveyance, Fort Pickett, Virginia (sec. 2841).. 921
Land conveyance, Fort Lawton, Washington (sec. 2842). 921
Land conveyance, Vancouver Barracks, Washington (sec.
2843).............................................. 921
Part II--Navy Conveyances................................ 922
Modification of land conveyance, Marine Corps Air
Station, El Toro, California (sec. 2846)........... 922
Modification of authority for Oxnard Harbor District,
Port Hueneme, California, to use certain Navy
property (sec. 2847)............................... 922
Transfer of jurisdiction, Marine Corps Air Station,
Miramar, California (sec. 2848).................... 922
Land exchange, Marine Corps Recruit Depot, San Diego,
California (sec. 2849)............................. 922
Lease of property, Naval Air Station, Pensacola,
Florida (sec. 2850)................................ 923
Land conveyance, Naval Reserve Center, Tampa, Florida
(sec. 2851)........................................ 923
Modification of land conveyance, Defense Fuel Supply
Point, Casco Bay, Maine (sec. 2852)................ 923
Land conveyance, Naval Computer and
Telecommunications Station, Cutler, Maine (sec.
2853).............................................. 923
Modification of land conveyance authority, former
Naval Training Center, Bainbridge, Cecil County,
Maryland (sec. 2854)............................... 924
Land conveyance, Marine Corps Base, Camp Lejeune,
North Carolina (sec. 2855)......................... 924
Land exchange, Naval Air Reserve Center, Columbus,
Ohio (sec. 2856)................................... 924
Land conveyance, Naval Station, Bremerton, Washington
(sec. 2857)........................................ 924
Part III--Air Force Conveyances.......................... 925
Land conveyance, Los Angeles Air Force Base,
California (sec. 2861)............................. 925
Land conveyance, Point Arena Air Force Station,
California (sec. 2862)............................. 925
Land conveyance, Lowry Air Force Base, Colorado (sec.
2863).............................................. 925
Land conveyance, Wright Patterson Air Force Base,
Ohio (sec. 2864)................................... 926
Modification of land conveyance, Ellsworth Air Force
Base, South Dakota (sec. 2865)..................... 926
Land conveyance, Mukilteo Tank Farm, Everett,
Washington (sec. 2866)............................. 926
Part IV--Other Conveyances............................... 926
Land conveyance, Army and Air Force Exchange Service
property, Farmers Branch, Texas (sec. 2871)........ 926
Land conveyance, former National Ground Intelligence
Center, Charlottesville, Virginia (sec. 2872)...... 927
Subtitle E--Other Matters................................ 927
Relation of easement authority to leased parkland,
Marine Corps Base, Camp Pendleton, California (sec.
2881).............................................. 927
Extension of demonstration project for purchase of
fire, security, police, public works, and utility
services from local government agencies (sec. 2882) 927
Acceptance and use of gifts for construction of third
building at United States Air Force Museum, Wright-
Patterson Air Force Base, Ohio (sec. 2883)......... 928
Development of Marine Corps Heritage Center at Marine
Corps Base, Quantico, Virginia (sec. 2884)......... 928
Activities relating to the greenbelt at Fallon Naval
Air Station, Nevada (sec. 2885).................... 928
Establishment of World War II Memorial on Guam (sec.
2886).............................................. 929
Naming of Army Missile Testing Range at Kwajalein
Atoll as the Ronald Reagan Ballistic Missile
Defense Test Site at Kwajalein Atoll (sec. 2887)... 929
Designation of Building at Fort Belvoir, Virginia, in
honor of Andrew T. McNamara (sec. 2888)............ 929
Designation of Balboa Naval Hospital, San Diego,
California, in honor of Bob Wilson, a former member
of the House of Representatives (sec. 2889)........ 929
Sense of Congress regarding importance of expansion
of National Training Center, Fort Irwin, California
(sec. 2890)........................................ 929
Sense of Congress regarding land transfers at Melrose
Range, New Mexico, and Yakima Training Center,
Washington (sec. 2891)............................. 930
Legislative Provisions not Adopted........................... 930
Applicability of competition policy to alternative
authority for acquisition and improvement of
military family housing............................ 930
Land conveyance, Colonel Harold E. Steele Army
Reserve Center and Maintenance Shop, Pittsburgh,
Pennsylvania....................................... 930
Land conveyance, Lieutenant General Malcolm Hay Army
Reserve Center, Pittsburgh, Pennsylvania........... 931
Lease of property, Marine Corps Air Station, Miramar,
California......................................... 931
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 931
Title XXXI--Department of Energy National Security Programs...... 931
Overview............................................. 931
Items of Special Interest.................................... 946
Report on authorities and limitations in general
recurring provisions............................... 946
Legislative Provisions Adopted............................... 946
Subtitle A--National Security Programs Authorizations.... 946
National Nuclear Security Administration (sec. 3101). 946
Defense environmental restoration and waste
management (sec. 3102)............................. 951
Other defense activities (sec. 3103)................. 953
Defense environmental management privatization (sec.
3104).............................................. 955
Defense nuclear waste disposal (sec. 3105)........... 956
Subtitle B--Recurring General Provisions................. 956
Reprogramming (sec. 3121)............................ 956
Limits on general plant projects (sec. 3122)......... 956
Limits on construction projects (sec. 3123).......... 956
Fund transfer authority (sec. 3124).................. 957
Authority for conceptual and construction design
(sec. 3125)........................................ 957
Authority for emergency planning, design, and
construction activities (sec. 3126)................ 957
Funds available for all national security programs of
the Department of Energy (sec. 3127)............... 957
Availability of funds (sec. 3128).................... 958
Transfers of defense environmental management funds
(sec. 3129)........................................ 958
Subtitle C--Program Authorizations, Restrictions, and
Limitations............................................ 958
Funding for termination costs of River Protection
Project, Richland, Washington (sec. 3131).......... 958
Enhanced cooperation between National Nuclear
Security Administration and Ballistic Missile
Defense Organization (sec. 3132)................... 959
Reprogramming of funds available for infrastructure
upgrades or maintenance in certain accounts of the
National Nuclear Security Administration (sec.
3133).............................................. 959
Adjustment of composite theoretical performance
levels for post-shipment verification reports on
advanced supercomputers sales to certain foreign
nations (sec. 3134)................................ 959
Modification of counterintelligence polygraph program
(sec. 3135)........................................ 959
Employee incentives for employees at closure project
facilities (sec. 3136)............................. 960
Continuation of processing, treatment, and
disposition of legacy nuclear materials (sec. 3137) 960
Limitation on use of certain funds pending
certifications of compliance with Formerly Utilized
Sites Remedial Action Program funding prohibition
(sec. 3138)........................................ 961
Conceptual design for Subsurface Geosciences
Laboratory at Idaho National Engineering and
Environmental Laboratory, Idaho Falls, Idaho (sec.
3139).............................................. 961
Report on National Ignition Facility, Lawrence
Livermore National Laboratory, Livermore,
California (sec. 3140)............................. 962
River Protection Project, Richland, Washington (sec.
3141).............................................. 962
Report on tank waste remediation system, Hanford
Reservation, Richland, Washington (sec. 3142)...... 963
Subtitle D--Matters Relating to Management of National
Nuclear Security Administration........................ 963
Term of office of person first appointed as Under
Secretary for Nuclear Security of the Department of
Energy (sec. 3151)................................. 963
Membership of Under Secretary for Nuclear Security on
the Joint Nuclear Weapons Council (sec. 3152)...... 963
Organization plan for field offices of the National
Nuclear Security Administration (sec. 3153)........ 963
Required contents of future-years nuclear security
program (sec. 3154)................................ 964
Future-years nuclear security program for fiscal year
2001 (sec. 3155)................................... 964
Engineering and manufacturing research, development,
and demonstration by plant managers of certain
nuclear weapons production plants (sec. 3156)...... 965
Prohibition on individuals engaging in concurrent
service or duties within National Nuclear Security
Administration and outside that Administration but
within Department of Energy (sec. 3157)............ 965
Annual plan for obligation of funds of the National
Nuclear Security Administration (sec. 3158)........ 966
Authority to reorganize National Nuclear Security
Administration (sec. 3159)......................... 966
Subtitle E--National Laboratories Partnership Improvement 966
Technology Infrastructure Pilot Program (sec. 3161).. 966
Report on small business participation in National
Nuclear Security Administration activities (sec.
3162).............................................. 967
Study and report related to improving mission
effectiveness, partnerships, and technology
transfer at national security laboratories and
nuclear weapons production facilities (sec. 3163).. 967
Report on effectiveness of National Nuclear Security
Administration technology development partnerships
with non-Federal entities (sec. 3164).............. 968
Definitions (sec. 3165).............................. 969
Subtitle F--Matters Relating to Defense Nuclear
Nonproliferation....................................... 969
Matters Relating to Defense Nuclear Nonproliferation
(secs. 3171-3175).................................. 969
Subtitle G--Other Matters................................ 970
Extension of authority for appointment of certain
scientific, engineering, and technical personnel
(sec. 3191)........................................ 970
Biennial report containing update on nuclear test
readiness postures (sec. 3192)..................... 971
Frequency of reports on inadvertent releases of
restricted data and formerly restricted data (sec.
3193).............................................. 971
Form of certifications regarding the safety or
reliability of the nuclear weapons stockpile (sec.
3194).............................................. 971
Authority to provide certificate of commendation to
Department of Energy and contractor employees for
exemplary service in stockpile stewardship and
security (sec. 3195)............................... 971
Cooperative research and development agreements for
government-owned, contractor-operated laboratories
(sec. 3196)........................................ 972
Office of Arctic Energy (sec. 3197).................. 972
Legislative Provisions not Adopted........................... 972
Conformance with National Nuclear Security
Administration organizational structure............ 972
Construction of National Nuclear Security
Administration Operations Office Complex........... 973
Energy employees compensation initiative............. 973
Environmental management closure projects............ 973
Other transactions................................... 973
Sense of the Congress regarding compensation and
health care for personnel of the Department of
Energy and its contractors and vendors who have
sustained beryllium, silica, and radiation-related
injury............................................. 974
Short title.......................................... 974
Technology partnerships ombudsman.................... 974
Title XXXII--Defense Nuclear Facilities Safety Board............. 974
Legislative Provisions Adopted............................... 974
Defense Nuclear Facilities Safety Board (sec. 3201).. 974
Title XXXIII--National Defense Stockpile......................... 975
Legislative Provisions Adopted............................... 975
Authorized uses of stockpile funds (sec. 3301)....... 975
Increased receipts under prior disposal authority
(sec. 3302)........................................ 975
Disposal of titanium (sec. 3303)..................... 975
Title XXXIV--Naval Petroleum Reserves............................ 976
Legislative Provisions Adopted............................... 976
Minimum price of petroleum sold from certain naval
petroleum reserves (sec. 3401)..................... 976
Repeal of authority to contract for cooperative or
unit plans affecting Naval Petroleum Reserve
Numbered 1 (sec. 3402)............................. 976
Disposal of Oil Shale Reserve Numbered 2 (sec. 3403). 976
Title XXXV--Maritime Administration.............................. 977
Legislative Provisions Adopted............................... 977
Authorization of appropriations for fiscal year 2001
(sec. 3501)........................................ 977
Scrapping of National Defense Reserve Fleet vessels
(sec. 3502)........................................ 977
Authority to convey National Defense Reserve Fleet
vessel, Glacier (sec. 3503)........................ 978
Maritime intermodal research (sec. 3504)............. 978
Maritime research and technology development (sec.
3505).............................................. 979
Reporting of administered and oversight funds (sec.
3506).............................................. 979
Legislative Provisions not Adopted........................... 979
Authority to convey offshore drill rig Ocean Star.... 979
Title XXXVI--Energy Employees Occupational Illness Compensation
Program........................................................ 979
Legislative Provisions Adopted............................... 980
Short title (sec. 3601).............................. 980
Findings; sense of Congress (sec. 3602).............. 980
Subtitle A--Establishment of Compensation Program and
Compensation Fund...................................... 980
Establishment of Energy Employees Occupational
Illness Compensation Program (sec. 3611)........... 980
Establishment of Energy Employees Occupational
Illness Compensation Fund (sec. 3612).............. 980
Legislative proposal (sec. 3613)..................... 980
Authorization of appropriations (sec. 3614).......... 981
Subtitle B--Program Administration....................... 981
Definitions for program administration (sec. 3621)... 981
Expansion of list of beryllium vendors (sec. 3622)... 981
Exposure in the performance of duty (sec. 3623)...... 981
Advisory Board on Radiation and Worker Health (sec.
3624).............................................. 981
Responsibilities of Secretary of Health and Human
Services (sec. 3625)............................... 981
Designation of additional members of Special Exposure
Cohort (sec. 3626)................................. 981
Separate treatment of chronic silicosis (sec. 3627).. 982
Compensation and benefits to be provided (sec. 3628). 982
Medical benefits (sec. 3629)......................... 982
Separate treatment of certain uranium employees (sec.
3630).............................................. 982
Assistance for claimants and potential claimants
(sec. 3631)........................................ 983
Subtitle C--Treatment, Coordination, and Forfeiture of
Compensation and Benefits.............................. 983
Offset for certain payments (sec. 3641).............. 983
Subrogation of the United States (sec. 3642)......... 983
Payment in full settlement of claims (sec. 3643)..... 983
Exclusivity of remedy against the United States and
against contractors and subcontractors (sec. 3644). 983
Election of remedy for beryllium employees and atomic
weapons employees (sec. 3645)...................... 983
Certification of treatment of payments under other
laws (sec. 3646)................................... 983
Claims not assignable or transferrable; choice of
remedies (sec. 3647)............................... 984
Attorney fees (sec. 3648)............................ 984
Certain claims not affected by awards of damages
(sec. 3649)........................................ 984
Forfeiture of benefits by convicted felons (sec.
3650).............................................. 984
Coordination with other Federal radiation
compensation laws (sec. 3651)...................... 984
Subtitle D--Assistance in State Workers' Compensation
Proceedings............................................ 984
Agreements with States (sec. 3661)................... 984

106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-945

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

ENACTMENT OF PROVISIONS OF H.R. 5408, THE FLOYD D. SPENCE NATIONAL
DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

_______

October 6, 2000.--Ordered to be printed

_______

Mr. Spence, from the committee of conference, submitted the following

CONFERENCE REPORT

[To accompany H.R. 4205]

The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4205), to authorize appropriations for fiscal year 2001 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:

SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION
ACT.

The provisions of H.R. 5408 of the 106th Congress, as
introduced on October 6, 2000, are hereby enacted into law.

SEC. 2. PUBLICATION OF ACT.

In publishing this Act in slip form and in the United
States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval an appendix setting forth
the text of the bill referred to in section 1.
And the Senate agree to the same.
From the Committee on Armed Services, for consideration
of the House bill and the Senate amendment, and
modifications committed to conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
James M. Talent,
Terry Everett,
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
J.C. Watts, Jr.,
Mack Thornberry,
John N. Hostettler,
Saxby Chambliss,
Ike Skelton,
Norman Sisisky
John Spratt,
Solomon P. Ortiz,
Owen B. Pickett,
Lane Evans,
Gene Taylor,
Neil Abercrombie,
Martin T. Meehan,
Robert A. Underwood,
Thomas Allen,
Vic Snyder,
James H. Maloney,
Mike McIntyre,
Ellen O. Tauscher,
Mike Thompson,
Provided that Mr. Kuykendall is appointed in lieu of
Mr. Kasich for consideration of section 2863 of the
House bill, and section 2862 of the Senate amendment,
and modifications committed to conference:
Steven T. Kuykendall,
From the Permanent Select Committee on Intelligence,
for consideration of matters within the jurisdiction of
that committee under clause 11 of rule X:
Porter J. Goss,
Jerry Lewis,
Julian C. Dixon,
From the Committee on Commerce, for consideration of
sections 601, 725, and 1501 of the House bill, and
sections 342, 601, 618, 701, 1073, 1402, 2812, 3131,
3133, 3134, 3138, 3152, 3154, 3155, 3167-3169, 3171,
3201, and 3301-3303 of the Senate amendment, and
modifications committed to conference:
Tom Bliley,
Joe Barton,
John D. Dingell,
Provided that Mr. Bilirakis is appointed in lieu of Mr.
Barton of Texas for consideration of sections 601 and
725 of the House bill, and sections 601, 618, 701, and
1073 of the Senate amendment, and modifications
committed to conference:
Mike Bilirakis,
Provided that Mr. Oxley is appointed in lieu of Mr.
Barton of Texas for consideration of section 1501 of
the House bill, and sections 342 and 2812 of the Senate
amendment, and modifications committed to conference:
Michael G. Oxley,
From the Committee on Education and the Workforce, for
consideration of sections 341, 342, 504, and 1106 of
the House bill, and sections 311, 379, 553, 669, 1053,
and title XXXV of the Senate amendment, and
modifications committed to conference:
Bill Goodling,
Van Hilleary,
Patsy T. Mink,
From the Committee on Government Reform, for
consideration of sections 518, 651, 723, 801, 906,
1101-1104, 1106, 1107, and 3137 of the House bill, and
sections 643, 651, 801, 806, 810, 814-816, 1010A 1044,
1045, 1057, 1063, 1069, 1073, 1101, 1102, 1104, and
1106-1118, title XIV, and sections 2871, 2881, 3155,
and 3171 of the Senate amendment, and modifications
committed to conference:
Dan Burton,
Joe Scarborough,
Henry A. Waxman,
Provided that Mr. Horn is appointed in lieu of Mr.
Scarborough for consideration of section 801 of the
House bill, and sections 801, 806, 810, 814-816, 1010A,
1044, 1045, 1057, 1063, and 1101, title XIV, and
sections 2871 and 2881 of the Senate amendment, and
modifications committee to conference:
Stephen Horn,
Provided that Mr. McHugh is appointed in lieu of Mr.
Scarborough for consideration of section 1073 of the
Senate amendment, and modifications committed to
conference:
John M. McHugh,
From the Committee on House Administration, for
consideration of sections 561-563 of the Senate
amendment, and modifications committed to conference:
William M. Thomas,
John Boehner,
Steny H. Hoyer,
From the Committee on International Relations, for
consideration of sections 1201, 1205, 1209, and 1210,
title XIII, and section 3136 of the House bill, and
sections 1011, 1201-1203, 1206 1208, 1209, 1212, 1214,
3178, and 3193 of the Senate amendment, and
modifications committed to conference:
Bill Goodling,
From the Committee on the Judiciary, for consideration
of sections 543 and 906 of the House bill, and sections
506, 645, 663, 668, 909, 1068, and 1106, title XV, and
title XXXV of the Senate amendment, and modifications
committed to conference:
Henry Hyde,
Charles T. Canady,
From the Committee on Resources, for consideration of
sections 312, 601, 1501, 2853, 2883, and 3402 of the
House bill, and sections 601 and 1059, title XIII, and
sections 2871, 2893, and 3303 of the Senate amendment,
and modifications committed to conference:
Don Young,
Billy Tauzin,
From the Committee on Transportation and
Infrastructure, for consideration of sections 601,
2839, and 2881 of the House bill, and sections 502,
601, and 1072 of the Senate amendment, and
modifications committed to conference:
Bud Shuster,
Wayne T. Gilchrest
Brian Baird,
Provided that Mr. Pascrell is appointed in lieu of Mr.
Baird for consideration of section 1072 of the Senate
amendment, and modifications committed to conference:
Bill Pascrell, Jr.,
From the Committee on Veterans' Affairs, for
consideration of sections 535, 738, and 2831 of the
House bill, and sections 561-563, 648, 664-666, 671,
672, 682-684, 721, 722, and 1067 of the Senate
amendment, and modifications committed to conference:
Michael Bilirakis,
Jack Quinn,
Corrine Brown,
From the Committee on Ways and Means, for consideration
of section 725 of the House bill, and section 701 of
the Senate amendment, and modifications committed to
conference:
William M. Thomas,
Managers on the Part of the House.
John W. Warner,
Strom Thurmond,
John McCain,
Bob Smith,
James Inhofe,
Rick Santorum,
Olympia J. Snowe,
Pat Roberts,
Wayne Allard,
Tim Hutchinson,
Jeff Sessions,
Carl Levin,
Edward Kennedy,
Jeff Bingaman,
Robert C. Byrd,
Chuck Robb,
Joe Lieberman,
Max Cleland,
Mary L. Landrieu,
Jack Reed,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4205) to
authorize appropriations for fiscal year 2001 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendment struck out all of the House bill
after the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment which is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
The conference agreement would enact the provisions of
H.R. 5408 as introduced on October 6, 2000. The text of that
bill follows:

SECTION 1. SHORT TITLE; FINDINGS.

(a) Short Title.--This Act may be cited as the ``Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001''.
(b) Findings.--Congress makes the following findings:
(1) Representative Floyd D. Spence of South
Carolina was elected to the House of Representatives in
1970, for service in the 92d Congress, after serving in
the South Carolina legislature for 10 years, and he has
been reelected to each subsequent Congress.
(2) Representative Spence came to Congress as a
distinguished veteran of service in the Armed Forces of
the United States.
(3) Upon graduation from college in 1952,
Representative Spence was commissioned as an ensign in
the United States Naval Reserve. After entering active
duty, he served with distinction aboard the USS CARTER
HALL and the USS LSM-397 during the Korean War and
later served as commanding officer of a Naval Reserve
Surface Division and as group commander of all Naval
Reserve units in Columbia, South Carolina.
Representative Spence retired from the Naval Reserve in
1988 in the grade of captain, after 41 years of
dedicated service.
(4) Upon election to the House of Representatives,
Representative Spence became a member of the Committee
on Armed Services of that body. During 30 years of
service on that committee (4 years of which were served
while the committee was known as the Committee on
National Security), Representative Spence's
contributions to the national defense and security of
the United States have been profound and long lasting.
(5) Representative Spence served as chairman of
that committee while known as the Committee on National
Security during the 104th and 105th Congresses and
serves as chairman of that committee for the 106th
Congress. In addition, Representative Spence served as
the ranking minority member of the Committee on Armed
Services during the 103d Congress.
(6) Dozens of awards from active duty and reserve
military, veterans service, military retiree, and
industry organizations and associations have recognized
the distinguished character of Representative Spence's
service to the Nation.
(7) Representative Spence has been a leading figure
in the debate over many of the most critical military
readiness, health care, recruiting, and retention
issues currently confronting the Nation's military. His
concern for the men and women in uniform has been
unwavering, and his accomplishments in promoting and
gaining support for those issues that preserve the
combat effectiveness, morale, and quality of life of
the Nation's military personnel have been unparalleled.
(8) During his tenure as chairman of the Committee
on National Security and the Committee on Armed
Services of the House of Representatives,
Representative Spence has--
(A) led efforts to identify and reverse the
effect that declining resources and rising
commitments have had on military quality of
life for service members and their families, on
combat readiness, and on equipment
modernization, with a direct result of those
diligent efforts and of his willingness to be
an outspoken proponent for America's military
being that Congress has added nearly
$50,000,000,000 to the President's defense
budgets over the past 5 years;
(B) been a leading proponent of the need to
expeditiously develop and field a national
missile defense to protect American citizens
and forward deployed military forces from
growing ballistic missile threats;
(C) advocated reversing the growing
disparity between actual military capability
and the requirements associated with the
National Military Strategy; and
(D) led efforts in Congress to reform
Department of Defense acquisition and
management headquarters and infrastructure and
business practices.
(9) This Act is the 30th annual authorization bill
for the Department of Defense for which Representative
Spence has taken a major responsibility as a member of
the Committee on Armed Services of the House of
Representatives (including 4 years while that committee
was known as the Committee on National Security).
(10) In light of the findings in the preceding
paragraphs, it is altogether fitting and proper that
this Act be named in honor of Representative Floyd D.
Spence of South Carolina, as provided in subsection
(a).

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense
Authorizations.
(2) Division B--Military Construction
Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of bunker defeat munitions
that may be acquired.
Sec. 113. Reports and limitations relating to Army transformation.

Subtitle C--Navy Programs

Sec. 121. CVNX-1 nuclear aircraft carrier program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Virginia class submarine program.
Sec. 124. Limitation during fiscal year 2001 on changes in submarine
force structure.
Sec. 125. ADC(X) ship program.
Sec. 126. Refueling and complex overhaul program of the U.S.S. Dwight D.
Eisenhower.
Sec. 127. Analysis of certain shipbuilding programs.
Sec. 128. Helicopter support of FFG-7 frigates during fiscal year 2001.
Sec. 129. V-22 cockpit aircraft voice and flight data recorders.

Subtitle D--Air Force Programs

Sec. 131. Annual report on B-2 bomber.
Sec. 132. Report on modernization of Air National Guard F-16A units.

Subtitle E--Joint Programs

Sec. 141. Study of final assembly and checkout alternatives for the
Joint Strike Fighter program.

Subtitle F--Chemical Demilitarization

Sec. 151. Pueblo Chemical Depot chemical agent and munitions destruction
technologies.
Sec. 152. Report on assessment of need for Federal economic assistance
for communities impacted by chemical demilitarization
activities.
Sec. 153. Prohibition against disposal of non-stockpile chemical warfare
material at Anniston chemical stockpile disposal facility.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Management of Space-Based Infrared System--Low.
Sec. 212. Joint Strike Fighter program.
Sec. 213. Fiscal year 2002 joint field experiment.
Sec. 214. Nuclear aircraft carrier design and production modeling.
Sec. 215. DD-21 class destroyer program.
Sec. 216. Limitation on Russian American Observation Satellites program.
Sec. 217. Joint biological defense program.
Sec. 218. Report on biological warfare defense vaccine research and
development programs.
Sec. 219. Cost limitations applicable to F-22 aircraft program.
Sec. 220. Unmanned advanced capability combat aircraft and ground combat
vehicles.
Sec. 221. Global Hawk high altitude endurance unmanned aerial vehicle.
Sec. 222. Army space control technology development.

Subtitle C--Ballistic Missile Defense

Sec. 231. Funding for fiscal year 2001.
Sec. 232. Reports on ballistic missile threat posed by North Korea.
Sec. 233. Plan to modify ballistic missile defense architecture.
Sec. 234. Management of Airborne Laser program.

Subtitle D--High Energy Laser Programs

Sec. 241. Funding.
Sec. 242. Implementation of High Energy Laser Master Plan.
Sec. 243. Designation of senior official for high energy laser programs.
Sec. 244. Site for Joint Technology Office.
Sec. 245. High energy laser infrastructure improvements.
Sec. 246. Cooperative programs and activities.
Sec. 247. Technology plan.
Sec. 248. Annual report.
Sec. 249. Definition.
Sec. 250. Review of defense-wide directed energy programs.

Subtitle E--Other Matters

Sec. 251. Reports on mobile offshore base concept and potential use for
certain purposes of technologies associated with that concept.
Sec. 252. Air Force science and technology planning.
Sec. 253. Enhancement of authorities regarding education partnerships
for purposes of encouraging scientific study.
Sec. 254. Recognition of those individuals instrumental to naval
research efforts during the period from before World War II
through the end of the Cold War.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Joint warfighting capabilities assessment teams.

Subtitle B--Environmental Provisions

Sec. 311. Establishment of additional environmental restoration account
and use of accounts for operation and monitoring of
environmental remedies.
Sec. 312. Certain environmental restoration activities.
Sec. 313. Annual reports under Strategic Environmental Research and
Development Program.
Sec. 314. Payment of fines and penalties for environmental compliance at
Fort Wainwright, Alaska.
Sec. 315. Payment of fines or penalties imposed for environmental
compliance violations at other Department of Defense
facilities.
Sec. 316. Reimbursement for certain costs in connection with the former
Nansemond Ordnance Depot Site, Suffolk, Virginia.
Sec. 317. Necessity of military low-level flight training to protect
national security and enhance military readiness.
Sec. 318. Ship disposal project.
Sec. 319. Defense Environmental Security Corporate Information
Management Program.
Sec. 320. Report on Plasma Energy Pyrolysis System.
Sec. 321. Sense of Congress regarding environmental restoration of
former defense manufacturing site, Santa Clarita, California.

Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

Sec. 331. Use of appropriated funds to cover operating expenses of
commissary stores.
Sec. 332. Adjustment of sales prices of commissary store goods and
services to cover certain expenses.
Sec. 333. Use of surcharges for construction and improvement of
commissary stores.
Sec. 334. Inclusion of magazines and other periodicals as an authorized
commissary merchandise category.
Sec. 335. Use of most economical distribution method for distilled
spirits.
Sec. 336. Report on effects of availability of slot machines on United
States military installations overseas.

Subtitle D--Department of Defense Industrial Facilities

Sec. 341. Designation of Centers of Industrial and Technical Excellence
and public-private partnerships to increase utilization of
such centers.
Sec. 342. Unutilized and underutilized plant-capacity costs of United
States arsenals.
Sec. 343. Arsenal support program initiative.
Sec. 344. Codification and improvement of armament retooling and
manufacturing support programs.

Subtitle E--Performance of Functions by Private-Sector Sources

Sec. 351. Inclusion of additional information in reports to Congress
required before conversion of commercial or industrial type
functions to contractor performance.
Sec. 352 Effects of outsourcing on overhead costs of Centers of
Industrial and Technical Excellence and Army ammunition
plants.
Sec. 353. Consolidation, restructuring, or reengineering of Department
of Defense organizations, functions, or activities.
Sec. 354. Monitoring of savings resulting from workforce reductions as
part of conversion of functions to performance by private
sector or other strategic sourcing initiatives.
Sec. 355. Performance of emergency response functions at chemical
weapons storage installations.
Sec. 356. Suspension of reorganization or relocation of Naval Audit
Service.

Subtitle F--Defense Dependents Education

Sec. 361. Eligibility of dependents of American Red Cross employees for
enrollment in Department of Defense domestic dependent schools
in Puerto Rico.
Sec. 362. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 363. Impact aid for children with severe disabilities.
Sec. 364. Assistance for maintenance, repair, and renovation of school
facilities that serve dependents of members of the Armed
Forces and Department of Defense civilian employees.

Subtitle G--Military Readiness Issues

Sec. 371. Measuring cannibalization of parts, supplies, and equipment
under readiness reporting system.
Sec. 372. Reporting requirements regarding transfers from high-priority
readiness appropriations.
Sec. 373. Effects of worldwide contingency operations on readiness of
military aircraft and equipment.
Sec. 374. Identification of requirements to reduce backlog in
maintenance and repair of defense facilities.
Sec. 375. New methodology for preparing budget requests to satisfy Army
readiness requirements.
Sec. 376. Review of AH-64 aircraft program.
Sec. 377. Report on Air Force spare and repair parts program for C-5
aircraft.

Subtitle H--Other Matters

Sec. 381. Annual report on public sale of certain military equipment
identified on United States Munitions List.
Sec. 382. Resale of armor-piercing ammunition disposed of by the Army.
Sec. 383. Reimbursement by civil air carriers for support provided at
Johnston Atoll.
Sec. 384. Travel by Reserves on military aircraft.
Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft.
Sec. 386. Additions to plan for ensuring visibility over all in-transit
end items and secondary items.
Sec. 387. Reauthorization of pilot program for acceptance and use of
landing fees charged for use of domestic military airfields by
civil aircraft.
Sec. 388. Extension of authority to sell certain aircraft for use in
wildfire suppression.
Sec. 389. Damage to aviation facilities caused by alkali silica
reactivity.
Sec. 390. Demonstration project to increase reserve component internet
access and services in rural communities.
Sec. 391. Additional conditions on implementation of Defense Joint
Accounting System.
Sec. 392. Report on Defense Travel System.
Sec. 393. Review of Department of Defense costs of maintaining
historical properties.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades authorized to
be on active duty in support of the Reserves.

Subtitle C--Other Matters Relating to Personnel Strengths

Sec. 421. Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or national
emergency.
Sec. 422. Exclusion from active component end strengths of certain
reserve component members on active duty in support of the
combatant commands.
Sec. 423. Exclusion of Army and Air Force medical and dental officers
from limitation on strengths of reserve commissioned officers
in grades below brigadier general.
Sec. 424. Authority for temporary increases in number of reserve
component personnel serving on active duty or full-time
national guard duty in certain grades.

Subtitle D--Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Eligibility of Army and Air Force Reserve colonels and
brigadier generals for position vacancy promotions.
Sec. 502. Flexibility in establishing promotion zones for Coast Guard
Reserve officers.
Sec. 503. Time for release of reports of officer promotion selection
boards.
Sec. 504. Clarification of requirements for composition of active-duty
list selection boards when reserve officers are under
consideration.
Sec. 505. Authority to issue posthumous commissions in the case of
members dying before official recommendation for appointment
or promotion is approved by Secretary concerned.
Sec. 506. Technical corrections relating to retired grade of reserve
commissioned officers.
Sec. 507. Grade of chiefs of reserve components and directors of
National Guard components.
Sec. 508. Revision to rules for entitlement to separation pay for
regular and reserve officers.

Subtitle B--Reserve Component Personnel Policy

Sec. 521. Exemption from active-duty list for reserve officers on active
duty for a period of three years or less.
Sec. 522. Termination of application requirement for consideration of
officers for continuation on the reserve active-status list.
Sec. 523. Authority to retain Air Force Reserve officers in all medical
specialties until specified age.
Sec. 524. Authority for provision of legal services to reserve component
members following release from active duty.
Sec. 525. Extension of involuntary civil service retirement date for
certain reserve technicians.

Subtitle C--Education and Training

Sec. 531. Eligibility of children of Reserves for Presidential
appointment to service academies.
Sec. 532. Selection of foreign students to receive instruction at
service academies.
Sec. 533. Revision of college tuition assistance program for members of
Marine Corps Platoon Leaders Class program.
Sec. 534. Review of allocation of Junior Reserve Officers Training Corps
units among the services.
Sec. 535. Authority for Naval Postgraduate School to enroll certain
defense industry civilians in specified programs relating to
defense product development.

Subtitle D--Decorations, Awards, and Commendations

Sec. 541. Limitation on award of Bronze Star to members in receipt of
imminent danger pay.
Sec. 542. Consideration of proposals for posthumous or honorary
promotions or appointments of members or former members of the
Armed Forces and other qualified persons.
Sec. 543. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 544. Addition of certain information to markers on graves
containing remains of certain unknowns from the U.S.S. Arizona
who died in the Japanese attack on Pearl Harbor on December 7,
1941.
Sec. 545. Sense of Congress on the court-martial conviction of Captain
Charles Butler McVay, Commander of the U.S.S. Indianapolis,
and on the courageous service of the crew of that vessel.
Sec. 546. Posthumous advancement on retired list of Rear Admiral Husband
E. Kimmel and Major General Walter C. Short, senior officers
in command in Hawaii on December 7, 1941.
Sec. 547. Commendation of citizens of Remy, France, for World War II
actions.
Sec. 548. Authority for Award of the Medal of Honor to William H.
Pitsenbarger for valor during the Vietnam War.

Subtitle E--Military Justice and Legal Assistance Matters

Sec. 551. Recognition by States of military testamentary instruments.
Sec. 552. Policy concerning rights of individuals whose names have been
entered into Department of Defense official criminal
investigative reports.
Sec. 553. Limitation on Secretarial authority to grant clemency for
military prisoners serving sentence of confinement for life
without eligibility for parole.
Sec. 554. Authority for civilian special agents of military department
criminal investigative organizations to execute warrants and
make arrests.
Sec. 555. Requirement for verbatim record in certain special court-
martial cases.
Sec. 556. Commemoration of the 50th anniversary of the Uniform Code of
Military Justice.

Subtitle F--Matters Relating to Recruiting

Sec. 561. Army recruiting pilot programs.
Sec. 562. Enhancement of recruitment market research and advertising
programs.
Sec. 563. Access to secondary schools for military recruiting purposes.
Sec. 564. Pilot program to enhance military recruiting by improving
military awareness of school counselors and educators.

Subtitle G--Other Matters

Sec. 571. Extension to end of calendar year of expiration date for
certain force drawdown transition authorities.
Sec. 572. Voluntary separation incentive.
Sec. 573. Congressional review period for assignment of women to duty on
submarines and for any proposed reconfiguration or design of
submarines to accommodate female crew members.
Sec. 574. Management and per diem requirements for members subject to
lengthy or numerous deployments.
Sec. 575. Pay in lieu of allowance for funeral honors duty.
Sec. 576. Test of ability of reserve component intelligence units and
personnel to meet current and emerging defense intelligence
needs.
Sec. 577. National Guard Challenge Program.
Sec. 578. Study of use of civilian contractor pilots for operational
support missions.
Sec. 579. Reimbursement for expenses incurred by members in connection
with cancellation of leave on short notice.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Additional restructuring of basic pay rates for enlisted
members.
Sec. 603. Revised method for calculation of basic allowance for
subsistence.
Sec. 604. Family subsistence supplemental allowance for low-income
members of the Armed Forces.
Sec. 605. Basic allowance for housing.
Sec. 606. Additional amount available for fiscal year 2001 increase in
basic allowance for housing inside the United States.
Sec. 607. Equitable treatment of junior enlisted members in computation
of basic allowance for housing.
Sec. 608. Eligibility of members in grade E-4 to receive basic allowance
for housing while on sea duty.
Sec. 609. Personal money allowance for senior enlisted members of the
Armed Forces.
Sec. 610. Increased uniform allowances for officers.
Sec. 611. Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members.
Sec. 612. Increase in monthly subsistence allowance for members of
precommissioning programs.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 621. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 622. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 623. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 624. Revision of enlistment bonus authority.
Sec. 625. Consistency of authorities for special pay for reserve medical
and dental officers.
Sec. 626. Elimination of required congressional notification before
implementation of certain special pay authority.
Sec. 627. Special pay for physician assistants of the Coast Guard.
Sec. 628. Authorization of special pay and accession bonus for pharmacy
officers.
Sec. 629. Correction of references to Air Force veterinarians.
Sec. 630. Career sea pay.
Sec. 631. Increased maximum rate of special duty assignment pay.
Sec. 632. Entitlement of members of the National Guard and other
reserves not on active duty to receive special duty assignment
pay.
Sec. 633. Authorization of retention bonus for members of the Armed
Forces qualified in a critical military skill.
Sec. 634. Entitlement of active duty officers of the Public Health
Service Corps to special pays and bonuses of health
professional officers of the Armed Forces.

Subtitle C--Travel and Transportation Allowances

Sec. 641. Advance payments for temporary lodging of members and
dependents.
Sec. 642. Additional transportation allowance regarding baggage and
household effects.
Sec. 643. Incentive for shipping and storing household goods in less
than average weights.
Sec. 644. Equitable dislocation allowances for junior enlisted members.
Sec. 645. Authority to reimburse military recruiters, Senior ROTC cadre,
and military entrance processing personnel for certain parking
expenses.
Sec. 646. Expansion of funded student travel for dependents.

Subtitle D--Retirement and Survivor Benefit Matters

Sec. 651. Exception to high-36 month retired pay computation for members
retired following a disciplinary reduction in grade.
Sec. 652. Increase in maximum number of Reserve retirement points that
may be credited in any year.
Sec. 653. Retirement from active reserve service after regular
retirement.
Sec. 654. Same treatment for Federal judges as for other Federal
officials regarding payment of military retired pay.
Sec. 655. Reserve component Survivor Benefit Plan spousal consent
requirement.
Sec. 656. Sense of Congress on increasing Survivor Benefit Plan
annuities for surviving spouses age 62 or older.
Sec. 657. Revision to special compensation authority to repeal exclusion
of uniformed services retirees in receipt of disability
retired pay.

Subtitle E--Other Matters

Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Determinations of income eligibility for special supplemental
food program.
Sec. 663. Billeting services for reserve members traveling for inactive-
duty training.
Sec. 664. Settlement of claims for payments for unused accrued leave and
for retired pay.
Sec. 665. Additional benefits and protections for personnel incurring
injury, illness, or disease in the performance of funeral
honors duty.
Sec. 666. Authority for extension of deadline for filing claims
associated with capture and internment of certain persons by
North Vietnam.
Sec. 667. Back pay for members of the Navy and Marine Corps selected for
promotion while interned as prisoners of war during World War
II.
Sec. 668. Sense of Congress concerning funding for reserve components.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Health Care Services

Sec. 701. Provision of domiciliary and custodial care for CHAMPUS
beneficiaries and certain former CHAMPUS beneficiaries.
Sec. 702. Chiropractic health care for members on active duty.
Sec. 703. School-required physical examinations for certain minor
dependents.
Sec. 704. Two-year extension of dental and medical benefits for
surviving dependents of certain deceased members.
Sec. 705. Two-year extension of authority for use of contract physicians
at military entrance processing stations and elsewhere outside
medical treatment facilities.
Sec. 706. Medical and dental care for Medal of Honor recipients.

Subtitle B--Senior Health Care

Sec. 711. Implementation of TRICARE senior pharmacy program.
Sec. 712. Conditions for eligibility for CHAMPUS and TRICARE upon the
attainment of age 65; expansion and modification of medicare
subvention project.
Sec. 713. Accrual funding for health care for medicare-eligible retirees
and dependents.

Subtitle C--TRICARE Program

Sec. 721. Improvement of access to health care under the TRICARE
program.
Sec. 722. Additional beneficiaries under TRICARE Prime Remote program in
the continental United States.
Sec. 723. Modernization of TRICARE business practices and increase of
use of military treatment facilities.
Sec. 724. Extension of TRICARE managed care support contracts.
Sec. 725. Report on protections against health care providers seeking
direct reimbursement from members of the uniformed services.
Sec. 726. Voluntary termination of enrollment in TRICARE retiree dental
program.
Sec. 727. Claims processing improvements.
Sec. 728. Prior authorizations for certain referrals and
nonavailability-of-health-care statements.

Subtitle D--Demonstration Projects

Sec. 731. Demonstration project for expanded access to mental health
counselors.
Sec. 732. Teleradiology demonstration project.
Sec. 733. Health care management demonstration program.

Subtitle E--Joint Initiatives With Department of Veterans Affairs

Sec. 741. VA-DOD sharing agreements for health services.
Sec. 742. Processes for patient safety in military and veterans health
care systems.
Sec. 743. Cooperation in developing pharmaceutical identification
technology.

Subtitle F--Other Matters

Sec. 751. Management of anthrax vaccine immunization program.
Sec. 752. Elimination of copayments for immediate family.
Sec. 753. Medical informatics.
Sec. 754. Patient care reporting and management system.
Sec. 755. Augmentation of Army Medical Department by detailing Reserve
officers of the Public Health Service.
Sec. 756. Privacy of Department of Defense medical records.
Sec. 757. Authority to establish special locality-based reimbursement
rates; reports.
Sec. 758. Reimbursement for certain travel expenses.
Sec. 759. Reduction of cap on payments.
Sec. 760. Training in health care management and administration.
Sec. 761. Studies on feasibility of sharing biomedical research
facility.
Sec. 762. Study on comparability of coverage for physical, speech, and
occupational therapies.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations

Sec. 801. Department of Defense acquisition pilot programs.
Sec. 802. Multiyear services contracts.
Sec. 803. Clarification and extension of authority to carry out certain
prototype projects.
Sec. 804. Clarification of authority of Comptroller General to review
records of participants in certain prototype projects.
Sec. 805. Extension of time period of limitation on procurement of ball
bearings and roller bearings.
Sec. 806. Reporting requirements relating to multiyear contracts.
Sec. 807. Eligibility of small business concerns owned and controlled by
women for assistance under the mentor-protege program.
Sec. 808. Qualifications required for employment and assignment in
contracting positions.
Sec. 809. Revision of authority for solutions-based contracting pilot
program.
Sec. 810. Procurement notice of contracting opportunities through
electronic means.

Subtitle B--Information Technology

Sec. 811. Acquisition and management of information technology.
Sec. 812. Tracking and management of information technology purchases.
Sec. 813. Appropriate use of requirements regarding experience and
education of contractor personnel in the procurement of
information technology services.
Sec. 814. Navy-Marine Corps Intranet.
Sec. 815. Sense of Congress regarding information technology systems for
Guard and Reserve components.

Subtitle C--Other Acquisition-Related Matters

Sec. 821. Improvements in procurements of services.
Sec. 822. Financial analysis of use of dual rates for quantifying
overhead costs at Army ammunition plants.
Sec. 823. Repeal of prohibition on use of Department of Defense funds
for procurement of nuclear-capable shipyard crane from a
foreign source.
Sec. 824. Extension of waiver period for live-fire survivability testing
for MH-47E and MH-60K helicopter modification programs.
Sec. 825. Compliance with existing law regarding purchases of equipment
and products.
Sec. 826. Requirement to disregard certain agreements in awarding
contracts for the purchase of firearms or ammunition.

Subtitle D--Studies and Reports

Sec. 831. Study on impact of foreign sourcing of systems on long-term
military readiness and related industrial infrastructure.
Sec. 832. Study of policies and procedures for transfer of commercial
activities.
Sec. 833. Study and report on practice of contract bundling in military
construction contracts.
Sec. 834. Requirement to conduct study on contract bundling.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Duties and Functions of Department of Defense Officers

Sec. 901. Overall supervision of Department of Defense activities for
combating terrorism.
Sec. 902. Change of title of certain positions in the Headquarters,
Marine Corps.
Sec. 903. Clarification of scope of Inspector General authorities under
military whistleblower law.
Sec. 904. Policy to ensure conduct of science and technology programs so
as to foster the transition of science and technology to
higher levels of research, development, test, and evaluation.
Sec. 905. Additional components of Chairman of the Joint Chiefs of staff
annual report on combatant command requirements.

Subtitle B--Department of Defense Organizations

Sec. 911. Western Hemisphere Institute for Security Cooperation.
Sec. 912. Department of Defense regional centers for security studies.
Sec. 913. Change in name of Armed Forces Staff College to Joint Forces
Staff College.
Sec. 914. Special authority for administration of Navy Fisher Houses.
Sec. 915. Supervisory control of Armed Forces Retirement Home board by
Secretary of Defense.
Sec. 916. Semiannual report on Joint Requirements Oversight Council
reform initiative.
Sec. 917. Comptroller General review of operations of Defense Logistics
Agency.
Sec. 918. Comptroller General review of operations of Defense
Information Systems Agency.

Subtitle C--Information Security

Sec. 921. Institute for Defense Computer Security and Information
Protection.
Sec. 922. Information security scholarship program.

Subtitle D--Reports

Sec. 931. Date of submittal of reports on shortfalls in equipment
procurement and military construction for the reserve
components in future-years defense programs.
Sec. 932. Report on number of personnel assigned to legislative liaison
functions.
Sec. 933. Joint report on establishment of national collaborative
information analysis capability.
Sec. 934. Network centric warfare.
Sec. 935. Report on Air Force Institute of Technology.

Subtitle E--Other Matters

Sec. 941. Flexibility in implementation of limitation on major
Department of Defense headquarters activities personnel.
Sec. 942. Consolidation of certain Navy gift funds.
Sec. 943. Temporary authority to dispose of a gift previously accepted
for the Naval Academy.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for
fiscal year 2000.
Sec. 1004. United States contribution to NATO common-funded budgets in
fiscal year 2001.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2001.
Sec. 1006. Requirement for prompt payment of contract vouchers.
Sec. 1007. Plan for prompt recording of obligations of funds for
contractual transactions.
Sec. 1008. Electronic submission and processing of claims for contract
payments.
Sec. 1009. Administrative offsets for overpayment of transportation
costs.
Sec. 1010. Interest penalties for late payment of interim payments due
under Government service contracts.

Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Revisions to national defense features program.
Sec. 1012. Sense of Congress on the naming of the CVN-77 aircraft
carrier.
Sec. 1013. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1014. Authority to consent to retransfer of alternative former
naval vessel by Government of Greece.

Subtitle C--Counter-Drug Activities

Sec. 1021. Extension of authority to provide support for counter-drug
activities of Colombia.
Sec. 1022. Report on Department of Defense expenditures to support
foreign counter-drug activities.
Sec. 1023. Recommendations on expansion of support for counter-drug
activities.
Sec. 1024. Review of riverine counter-drug program.
Sec. 1025. Report on tethered aerostat radar system.
Sec. 1026. Sense of Congress regarding use of Armed Forces for counter-
drug and counter-terrorism activities.

Subtitle D--Counterterrorism and Domestic Preparedness

Sec. 1031. Preparedness of military installation first responders for
incidents involving weapons of mass destruction.
Sec. 1032. Additional weapons of mass destruction civil support teams.
Sec. 1033. Authority to provide loan guarantees to improve domestic
preparedness to combat cyberterrorism.
Sec. 1034. Report on the status of domestic preparedness against the
threat of biological terrorism.
Sec. 1035. Report on strategy, policies, and programs to combat
domestic terrorism.

Subtitle E--Strategic Forces

Sec. 1041. Revised nuclear posture review.
Sec. 1042. Plan for the long-term sustainment and modernization of
United States strategic nuclear forces.
Sec. 1043. Modification of scope of waiver authority for limitation on
retirement or dismantlement of strategic nuclear delivery
systems.
Sec. 1044. Report on the defeat of hardened and deeply buried targets.
Sec. 1045. Sense of Congress on the maintenance of the strategic nuclear
triad.

Subtitle F--Miscellaneous Reporting Requirements

Sec. 1051. Management review of working-capital fund activities.
Sec. 1052. Report on submarine rescue support vessels.
Sec. 1053. Report on Federal Government progress in developing
information assurance strategies.
Sec. 1054. Department of Defense process for decisionmaking in cases of
false claims.

Subtitle G--Government Information Security Reform

Sec. 1061. Coordination of Federal information policy.
Sec. 1062. Responsibilities of certain agencies.
Sec. 1063. Relationship of Defense Information Assurance Program to
Government-wide information security program.
Sec. 1064. Technical and conforming amendments.
Sec. 1065. Effective date.

Subtitle H--Security Matters

Sec. 1071. Limitation on granting of security clearances.
Sec. 1072. Process for prioritizing background investigations for
security clearances for Department of Defense personnel and
defense contractor personnel.
Sec. 1073. Authority to withhold certain sensitive information from
public disclosure.
Sec. 1074. Expansion of authority to exempt geodetic products of the
Department of Defense from public disclosure.
Sec. 1075. Expenditures for declassification activities.
Sec. 1076. Enhanced access to criminal history record information for
national security and other purposes
Sec. 1077. Two-year extension of authority to engage in commercial
activities as security for intelligence collection activities.
Sec. 1078. Coordination of nuclear weapons secrecy policies and
consideration of health of workers at former Department of
Defense nuclear facilities.

Subtitle I--Other Matters

Sec. 1081. Funds for administrative expenses under Defense Export Loan
Guarantee program.
Sec. 1082. Transit pass program for Department of Defense personnel in
poor air quality areas.
Sec. 1083. Transfer of Vietnam era TA-4 aircraft to nonprofit
foundation.
Sec. 1084. Transfer of 19th century cannon to museum.
Sec. 1085. Fees for providing historical information to the public.
Sec. 1086. Grants to American Red Cross for Armed Forces emergency
services.
Sec. 1087. Technical and clerical amendments.
Sec. 1088. Maximum size of parcel post packages transported overseas for
Armed Forces post offices.
Sec. 1089. Sense of Congress regarding tax treatment of members
receiving special pay for duty subject to hostile fire or
imminent danger.
Sec. 1090. Organization and management of Civil Air Patrol.
Sec. 1091. Additional duties for Commission to Assess United States
National Security Space Management and Organization.
Sec. 1092. Commission on the Future of the United States Aerospace
Industry.
Sec. 1093. Drug addiction treatment.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

Subtitle A--Civilian Personnel Management Generally

Sec. 1101. Employment and compensation of employees for temporary
organizations established by law or Executive order.
Sec. 1102. Assistive technology accommodations program.
Sec. 1103. Extension of authority for voluntary separations in
reductions in force.
Sec. 1104. Electronic maintenance of performance appraisal systems.
Sec. 1105. Study on civilian personnel services.

Subtitle B--Demonstration and Pilot Programs

Sec. 1111. Pilot program for reengineering the equal employment
opportunity complaint process.
Sec. 1112. Work safety demonstration program.
Sec. 1113. Extension, expansion, and revision of authority for
experimental personnel program for scientific and technical
personnel.
Sec. 1114. Clarification of personnel management authority under
personnel demonstration project.

Subtitle C--Educational Assistance

Sec. 1121. Restructuring the restriction on degree training.
Sec. 1122. Student loan repayment programs.
Sec. 1123. Extension of authority for tuition reimbursement and training
for civilian employees in the defense acquisition workforce.

Subtitle D--Other Benefits

Sec. 1131. Additional special pay for foreign language proficiency
beneficial for United States national security interests.
Sec. 1132. Approval authority for cash awards in excess of $10,000.
Sec. 1133. Leave for crews of certain vessels.
Sec. 1134. Life insurance for emergency essential Department of Defense
employees.

Subtitle E--Intelligence Civilian Personnel

Sec. 1141. Expansion of defense civilian intelligence personnel system
positions.
Sec. 1142. Increase in number of positions authorized for the Defense
Intelligence Senior Executive Service.

Subtitle F--Voluntary Separation Incentive Pay and Early Retirement
Authority

Sec. 1151. Extension, revision, and expansion of authorities for use of
voluntary separation incentive pay and voluntary early
retirement.
Sec. 1152. Department of Defense employee voluntary early retirement
authority.
Sec. 1153. Limitations.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Subtitle A--Matters Related to Arms Control

Sec. 1201. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1202. Support of consultations on Arab and Israeli arms control and
regional security issues.
Sec. 1203. Furnishing of nuclear test monitoring equipment to foreign
governments.
Sec. 1204. Additional matters for annual report on transfers of
militarily sensitive technology to countries and entities of
concern.

Subtitle B--Matters Relating to the Balkans

Sec. 1211. Annual report assessing effect of continued operations in the
Balkans region on readiness to execute the national military
strategy.
Sec. 1212. Situation in the Balkans.
Sec. 1213. Semiannual report on Kosovo peacekeeping.

Subtitle C--North Atlantic Treaty Organization and United States Forces
in Europe

Sec. 1221. NATO fair burdensharing.
Sec. 1222. Repeal of restriction preventing cooperative airlift support
through acquisition and cross-servicing agreements.
Sec. 1223. GAO study on the benefits and costs of United States military
engagement in Europe.

Subtitle D--Other Matters

Sec. 1231. Joint data exchange center with Russian Federation on early
warning systems and notification of ballistic missile
launches.
Sec. 1232. Report on sharing and exchange of ballistic missile launch
early warning data.
Sec. 1233. Annual report of Communist Chinese military companies
operating in the United States.
Sec. 1234. Adjustment of composite theoretical performance levels of
high performance computers.
Sec. 1235. Increased authority to provide health care services as
humanitarian and civic assistance.
Sec. 1236. Sense of Congress regarding the use of children as soldiers.
Sec. 1237. Sense of Congress regarding undersea rescue and recovery.
Sec. 1238. United States-China Security Review Commission.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

Sec. 1301. Specification of cooperative threat reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional
weapons.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds to support warhead dismantlement
processing.
Sec. 1306. Agreement on nuclear weapons storage sites.
Sec. 1307. Limitation on use of funds for construction of fossil fuel
energy plants; report.
Sec. 1308. Reports on activities and assistance under cooperative threat
reduction programs.
Sec. 1309. Russian chemical weapons elimination.
Sec. 1310. Limitation on use of funds for elimination of weapons grade
plutonium program.
Sec. 1311. Report on audits of Cooperative Threat Reduction programs.

TITLE XIV--COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM
ELECTROMAGNETIC PULSE (EMP) ATTACK

Sec. 1401. Establishment of commission.
Sec. 1402. Duties of commission.
Sec. 1403. Reports.
Sec. 1404. Powers.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1408. Funding.
Sec. 1409. Termination of the commission.

TITLE XV--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO

Sec. 1501. Assistance for economic growth on Vieques.
Sec. 1502. Conveyance of Naval Ammunition Support Detachment, Vieques
Island.
Sec. 1503. Determination regarding continuation of Navy training.
Sec. 1504. Actions if training is approved.
Sec. 1505. Requirements if training is not approved or mandate for
referendum is vitiated.
Sec. 1506. Certain properties exempt from conveyance or transfer.
Sec. 1507. Moratorium on improvements at Fort Buchanan.
Sec. 1508. Transfer and management of Conservation Zones.

TITLE XVI--GI BILL EDUCATIONAL ASSISTANCE AND VETERANS CLAIMS ASSISTANCE

Subtitle A--Veterans Education Benefits

Sec. 1601. Additional opportunity for certain VEAP participants to
enroll in basic educational assistance under Montgomery GI
Bill.
Sec. 1602. Modification of authority to pay tuition for off-duty
training and education.

Subtitle B--Veterans Claims Assistance

Sec. 1611. Clarification of Department of Veterans Affairs duty to
assist.

TITLE XVII--ASSISTANCE TO FIREFIGHTERS

Sec. 1701. Firefighter assistance.
Sec. 1702. Volunteer fire assistance program.
Sec. 1703. Burn research.
Sec. 1704. Study and demonstration projects regarding cases of hepatitis
C among certain emergency response employees.
Sec. 1705. Report on progress on spectrum sharing.
Sec. 1706. Sale or donation of excess defense property to assist
firefighting agencies.
Sec. 1707. Identification of defense technologies suitable for use, or
conversion for use, in providing fire and emergency medical
services.

TITLE XVIII--IMPACT AID

Sec. 1801. Short title.
Sec. 1802. Purpose.
Sec. 1803. Payments relating to Federal acquisition of real property.
Sec. 1804. Payments for eligible federally connected children.
Sec. 1805. Maximum amount of basic support payments.
Sec. 1806. Basic support payments for heavily impacted local educational
agencies.
Sec. 1807. Basic support payments for local educational agencies
affected by removal of Federal property.
Sec. 1808. Additional payments for local educational agencies with high
concentrations of children with severe disabilities.
Sec. 1809. Application for payments under sections 8002 and 8003.
Sec. 1810. Payments for sudden and substantial increases in attendance
of military dependents.
Sec. 1811. Construction.
Sec. 1812. State consideration of payments in providing State aid.
Sec. 1813. Federal administration.
Sec. 1814. Administrative hearings and judicial review.
Sec. 1815. Forgiveness of overpayments.
Sec. 1816. Definitions.
Sec. 1817. Authorization of appropriations.
Sec. 1818. Effective date.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2000 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year
1999 projects.
Sec. 2107. Modification of authority to carry out fiscal year 1998
project.
Sec. 2108. Authority to accept funds for realignment of certain military
construction project, Fort Campbell, Kentucky.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997
project at Marine Corps Combat Development Command, Quantico,
Virginia.

TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
1990 project.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authority to contribute to construction of airport tower,
Cheyenne Airport, Cheyenne, Wyoming.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2801. Joint use military construction projects.
Sec. 2802. Exclusion of certain costs from determination of
applicability of limitation on use of funds for improvement of
family housing.
Sec. 2803. Revision of space limitations for military family housing.
Sec. 2804. Modification of lease authority for high-cost military family
housing.
Sec. 2805. Provision of utilities and services under alternative
authority for acquisition and improvement of military housing.
Sec. 2806. Extension of alternative authority for acquisition and
improvement of military housing.
Sec. 2807. Expansion of definition of armory to include readiness
centers.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Increase in threshold for notice and wait requirements for
real property transactions.
Sec. 2812. Enhancement of authority of military departments to lease
non-excess property.
Sec. 2813. Conveyance authority regarding utility systems of military
departments.
Sec. 2814. Permanent conveyance authority to improve property
management.

Subtitle C--Defense Base Closure and Realignment

Sec. 2821. Scope of agreements to transfer property to redevelopment
authorities without consideration under the base closure laws.

Subtitle D--Land Conveyances

Part I--Army Conveyances

Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.
Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.
Sec. 2833. Land conveyance, Charles Melvin Price Support Center,
Illinois.
Sec. 2834. Land conveyance, Fort Riley, Kansas.
Sec. 2835. Land conveyance, Fort Polk, Louisiana.
Sec. 2836. Land conveyance, Army Reserve Center, Winona, Minnesota.
Sec. 2837. Land conveyance, Fort Dix, New Jersey.
Sec. 2838. Land conveyance, Nike Site 43, Elrama, Pennsylvania.
Sec. 2839. Land exchange, Army Reserve Local Training Center,
Chattanooga, Tennessee.
Sec. 2840. Land exchange, Fort Hood, Texas.
Sec. 2841. Land conveyance, Fort Pickett, Virginia.
Sec. 2842. Land conveyance, Fort Lawton, Washington.
Sec. 2843. Land conveyance, Vancouver Barracks, Washington.

Part II--Navy Conveyances

Sec. 2846. Modification of land conveyance, Marine Corps Air Station, El
Toro, California.
Sec. 2847. Modification of authority for Oxnard Harbor District, Port
Hueneme, California, to use certain Navy property.
Sec. 2848. Transfer of jurisdiction, Marine Corps Air Station, Miramar,
California.
Sec. 2849. Land exchange, Marine Corps Recruit Depot, San Diego,
California.
Sec. 2850. Lease of property, Naval Air Station, Pensacola, Florida.
Sec. 2851. Land conveyance, Naval Reserve Center, Tampa, Florida.
Sec. 2852. Modification of land conveyance, Defense Fuel Supply Point,
Casco Bay, Maine.
Sec. 2853. Land conveyance, Naval Computer and Telecommunications
Station, Cutler, Maine.
Sec. 2854. Modification of land conveyance authority, former Naval
Training Center, Bainbridge, Cecil County, Maryland.
Sec. 2855. Land conveyance, Marine Corps Base, Camp Lejeune, North
Carolina.
Sec. 2856. Land exchange, Naval Air Reserve Center, Columbus, Ohio.
Sec. 2857. Land conveyance, Naval Station, Bremerton, Washington.

Part III--Air Force Conveyances

Sec. 2861. Land conveyance, Los Angeles Air Force Base, California.
Sec. 2862. Land conveyance, Point Arena Air Force Station, California.
Sec. 2863. Land conveyance, Lowry Air Force Base, Colorado.
Sec. 2864. Land conveyance, Wright Patterson Air Force Base, Ohio.
Sec. 2865. Modification of land conveyance, Ellsworth Air Force Base,
South Dakota.
Sec. 2866. Land conveyance, Mukilteo Tank Farm, Everett, Washington.

Part IV--Other Conveyances

Sec. 2871. Land conveyance, Army and Air Force Exchange Service
property, Farmers Branch, Texas.
Sec. 2872. Land conveyance, former National Ground Intelligence Center,
Charlottesville, Virginia.

Subtitle E--Other Matters

Sec. 2881. Relation of easement authority to leased parkland, Marine
Corps Base, Camp Pendleton, California.
Sec. 2882. Extension of demonstration project for purchase of fire,
security, police, public works, and utility services from
local government agencies.
Sec. 2883. Acceptance and use of gifts for construction of third
building at United States Air Force Museum, Wright-Patterson
Air Force Base, Ohio.
Sec. 2884. Development of Marine Corps Heritage Center at Marine Corps
Base, Quantico, Virginia.
Sec. 2885. Activities relating to greenbelt at Fallon Naval Air Station,
Nevada.
Sec. 2886. Establishment of World War II memorial on Guam.
Sec. 2887. Naming of Army missile testing range at Kwajalein Atoll as
the Ronald Reagan Ballistic Missile Defense Test Site at
Kwajalein Atoll.
Sec. 2888. Designation of building at Fort Belvoir, Virginia, in honor
of Andrew T. McNamara.
Sec. 2889. Designation of Balboa Naval Hospital, San Diego, California,
in honor of Bob Wilson, a former member of the House of
Representatives.
Sec. 2890. Sense of Congress regarding importance of expansion of
National Training Center, Fort Irwin, California.
Sec. 2891. Sense of Congress regarding land transfers at Melrose Range,
New Mexico, and Yakima Training Center, Washington.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.

Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.

Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Funding for termination costs of River Protection Project,
Richland, Washington.
Sec. 3132. Enhanced cooperation between National Nuclear Security
Administration and Ballistic Missile Defense Organization.
Sec. 3133. Reprogramming of funds available for infrastructure upgrades
or maintenance in certain accounts of the National Nuclear
Security Administration.
Sec. 3134. Adjustment of composite theoretical performance levels for
post-shipment verification reports on advanced supercomputer
sales to certain foreign nations.
Sec. 3135. Modification of counterintelligence polygraph program.
Sec. 3136. Employee incentives for employees at closure project
facilities.
Sec. 3137. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3138. Limitation on use of certain funds pending certification of
compliance with Formerly Utilized Sites Remedial Action
Program funding prohibition.
Sec. 3139. Conceptual design for Subsurface Geosciences Laboratory at
Idaho National Engineering and Environmental Laboratory, Idaho
Falls, Idaho.
Sec. 3140. Report on National Ignition Facility, Lawrence Livermore
National Laboratory, Livermore, California.
Sec. 3141. River Protection Project, Richland, Washington.
Sec. 3142. Report on tank waste remediation system, Hanford Reservation,
Richland, Washington.

Subtitle D--Matters Relating to Management of National Nuclear Security
Administration

Sec. 3151. Term of office of person first appointed as Under Secretary
for Nuclear Security of the Department of Energy.
Sec. 3152. Membership of Under Secretary for Nuclear Security on the
Joint Nuclear Weapons Council.
Sec. 3153. Organization plan for field offices of the National Nuclear
Security Administration.
Sec. 3154. Required contents of future-years nuclear security program.
Sec. 3155. Future-years nuclear security program for fiscal year 2001.
Sec. 3156. Engineering and manufacturing research, development, and
demonstration by plant managers of certain nuclear weapons
production plants.
Sec. 3157. Prohibition on individuals engaging in concurrent service or
duties within National Nuclear Security Administration and
outside that Administration but within Department of Energy.
Sec. 3158. Annual plan for obligation of funds of the National Nuclear
Security Administration.
Sec. 3159. Authority to reorganize National Nuclear Security
Administration.

Subtitle E--National Laboratories Partnership Improvement

Sec. 3161. Technology Infrastructure Pilot Program.
Sec. 3162. Report on small business participation in National Nuclear
Security Administration activities.
Sec. 3163. Study and report related to improving mission effectiveness,
partnerships, and technology transfer at national security
laboratories and nuclear weapons production facilities.
Sec. 3164. Report on effectiveness of National Nuclear Security
Administration technology development partnerships with non-
Federal entities.
Sec. 3165. Definitions.

Subtitle F--Matters Relating to Defense Nuclear Nonproliferation

Sec. 3171. Annual report on status of nuclear materials protection,
control, and accounting program.
Sec. 3172. Nuclear Cities Initiative.
Sec. 3173. Department of Energy nonproliferation monitoring.
Sec. 3174. Sense of Congress on the need for coordination of
nonproliferation programs.
Sec. 3175. Limitation on use of funds for International Nuclear Safety
Program.

Subtitle G--Other Matters

Sec. 3191. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3192. Biennial report containing update on nuclear test readiness
postures.
Sec. 3193. Frequency of reports on inadvertent releases of Restricted
Data and Formerly Restricted Data.
Sec. 3194. Form of certifications regarding the safety or reliability of
the nuclear weapons stockpile.
Sec. 3195. Authority to provide certificate of commendation to
Department of Energy and contractor employees for exemplary
service in stockpile stewardship and security.
Sec. 3196. Cooperative research and development agreements for
government-owned, contractor-operated laboratories.
Sec. 3197. Office of Arctic Energy.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Increased receipts under prior disposal authority.
Sec. 3303. Disposal of titanium.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Minimum price of petroleum sold from certain naval petroleum
reserves.
Sec. 3402. Repeal of authority to contract for cooperative or unit plans
affecting Naval Petroleum Reserve Numbered 1.
Sec. 3403. Disposal of Oil Shale Reserve Numbered 2.

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2001.
Sec. 3502. Scrapping of National Defense Reserve Fleet vessels.
Sec. 3503. Authority to convey National Defense Reserve Fleet vessel,
Glacier.
Sec. 3504. Maritime intermodal research.
Sec. 3505. Maritime research and technology development.
Sec. 3506. Reporting of administered and oversight funds.

TITLE XXXVI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM

Sec. 3601. Short title.
Sec. 3602. Findings; sense of Congress.

Subtitle A--Establishment of Compensation Program and Compensation Fund

Sec. 3611. Establishment of Energy Employees Occupational Illness
Compensation Program.
Sec. 3612. Establishment of Energy Employees Occupational Illness
Compensation Fund.
Sec. 3613. Legislative proposal.
Sec. 3614. Authorization of appropriations.

Subtitle B--Program Administration

Sec. 3621. Definitions for program administration.
Sec. 3622. Expansion of list of beryllium vendors.
Sec. 3623. Exposure in the performance of duty.
Sec. 3624. Advisory Board on Radiation and Worker Health.
Sec. 3625. Responsibilities of Secretary of Health and Human Services.
Sec. 3626. Designation of additional members of Special Exposure Cohort.
Sec. 3627. Separate treatment of chronic silicosis.
Sec. 3628. Compensation and benefits to be provided.
Sec. 3629. Medical benefits.
Sec. 3630. Separate treatment of certain uranium employees.
Sec. 3631. Assistance for claimants and potential claimants.

Subtitle C--Treatment, Coordination, and Forfeiture of Compensation and
Benefits

Sec. 3641. Offset for certain payments.
Sec. 3642. Subrogation of the United States.
Sec. 3643. Payment in full settlement of claims.
Sec. 3644. Exclusivity of remedy against the United States and against
contractors and subcontractors.
Sec. 3645. Election of remedy for beryllium employees and atomic weapons
employees.
Sec. 3646. Certification of treatment of payments under other laws.
Sec. 3647. Claims not assignable or transferable; choice of remedies.
Sec. 3648. Attorney fees.
Sec. 3649. Certain claims not affected by awards of damages.
Sec. 3650. Forfeiture of benefits by convicted felons.
Sec. 3651. Coordination with other Federal radiation compensation laws.

Subtitle D--Assistance in State Workers' Compensation Proceedings

Sec. 3661. Agreements with States.

SEC. . CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.

Subtitle B--Army Programs

Subtitle C--Navy Programs

Subtitle D--Air Force Programs

Sec. 131. Annual report on B-2 bomber.
Sec. 132. Report on modernization of Air National Guard F-16A units.

Subtitle E--Joint Programs

Sec. 141. Study of final assembly and checkout alternatives for the
Joint Strike Fighter program.

Subtitle F--Chemical Demilitarization

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Army as follows:
(1) For aircraft, $1,550,012,000.
(2) For missiles, $1,320,681,000.
(3) For weapons and tracked combat vehicles,
$2,436,324,000.
(4) For ammunition, $1,179,916,000.
(5) For other procurement, $4,235,719,000.
(6) For chemical agents and munitions destruction,
$980,100,000, for--
(A) the destruction of lethal chemical
agents and munitions in accordance with section
1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare
materiel of the United States that is not
covered by section 1412 of such Act.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2001 for procurement for the Navy as follows:
(1) For aircraft, $8,394,338,000.
(2) For weapons, including missiles and torpedoes,
$1,443,600,000.
(3) For shipbuilding and conversion,
$12,826,919,000.
(4) For other procurement, $3,380,680,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2001 for procurement for the
Marine Corps in the amount of $1,212,768,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2001 for
procurement of ammunition for the Navy and the Marine Corps in
the amount of $487,749,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Air Force as follows:
(1) For aircraft, $9,923,868,000.
(2) For missiles, $2,863,778,000.
(3) For ammunition, $646,808,000.
(4) For other procurement, $7,711,647,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

(a) Amount Authorized.--Funds are hereby authorized to be
appropriated for fiscal year 2001 for Defense-wide procurement
in the amount of $2,278,408,000.
(b) Amount for National Missile Defense.--Of the funds
authorized to be appropriated in subsection (a), $74,530,000
shall be available for the National Missile Defense program.

SEC. 105. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Inspector General of the
Department of Defense in the amount of $3,300,000.

SEC. 106. DEFENSE HEALTH PROGRAMS.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities of
the Department of Defense in the total amount of $290,006,000.

Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY.

(a) M2A3 Bradley Fighting Vehicle.--(1) Beginning with the
fiscal year 2001 program year, the Secretary of the Army may,
in accordance with section 2306b of title 10, United States
Code, enter into one or more multiyear contracts for
procurement of M2A3 Bradley fighting vehicles.
(2) The Secretary of the Army may execute a contract
authorized by paragraph (1) only after--
(A) there is a successful completion of a M2A3
Bradley initial operational test and evaluation
(IOT&E); and
(B) the Secretary certifies in writing to the
congressional defense committees that the vehicle met
all required test parameters.
(b) Utility Helicopters.--Beginning with the fiscal year
2002 program year, the Secretary of the Army may, in accordance
with section 2306b of title 10, United States Code, enter into
one or more multiyear contracts for procurement of UH-60
Blackhawk utility helicopters and, acting as executive agent
for the Department of the Navy, CH-60 Knighthawk utility
helicopters.

SEC. 112. INCREASE IN LIMITATION ON NUMBER OF BUNKER DEFEAT MUNITIONS
THAT MAY BE ACQUIRED.

Section 116(2) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2682) is
amended by striking ``6,000'' and inserting ``8,500''.

SEC. 113. REPORTS AND LIMITATIONS RELATING TO ARMY TRANSFORMATION.

(a) Secretary of the Army Report on Objective Force
Development Process.--The Secretary of the Army shall submit to
the congressional defense committees a report on the process
for developing the objective force in the transformation of the
Army. The report shall include the following:
(1) The operational environments envisioned for the
objective force.
(2) The threat assumptions on which research and
development efforts for transformation of the Army into
the objective force are based.
(3) The potential operational and organizational
concepts for the objective force.
(4) The operational requirements anticipated for
the operational requirements document of the objective
force.
(5) The anticipated schedule of Army transformation
activities through fiscal year 2012, together with--
(A) the projected funding requirements
through that fiscal year for research and
development activities and procurement
activities related to transition to the
objective force; and
(B) a summary of the anticipated
investments of the Defense Advanced Research
Projects Agency in programs designed to lead to
the fielding of future combat systems for the
objective force.
(6) A proposed plan for the comparison referred to
in subsection (c).
If any of the information required by paragraphs (1) through
(5) is not available at the time the report is submitted, the
Secretary shall include in the report the anticipated schedule
for the availability of that information.
(b) Secretary of Defense Report on Objective Force
Development Process.--Not later than March 1, 2001, the
Secretary of Defense shall submit to the congressional defense
committees a report on the process for developing the objective
force in the transformation of the Army. The report shall
include the following:
(1) The joint warfighting requirements that will be
supported by the fielding of the objective force,
together with a description of the adjustments that are
planned to be made in the war plans of the commanders
of the unified combatant commands in relation to the
fielding of the objective force.
(2) The changes in lift requirements that may
result from the establishment and fielding of the
combat brigades of the objective force.
(3) The evaluation process that will be used to
support decisionmaking on the course of the Army
transformation, including a description of the
operational evaluations and experimentation that will
be used to validate the operational requirements for
the operational requirements document of the objective
force.
If any of the information required by paragraphs (1) through
(3) is not available at the time the report is submitted, the
Secretary shall include in the report the anticipated schedule
for the availability of that information.
(c) Costs and Effectiveness of Medium Armored Combat
Vehicles for the Interim Brigade Combat Teams.--(1) The
Secretary of the Army shall develop a plan for comparing--
(A) the costs and operational effectiveness of the
infantry carrier variant of the interim armored
vehicles selected for the infantry battalions of the
interim brigade combat teams; and
(B) the costs and operational effectiveness of the
troop-carrying medium armored vehicles currently in the
Army inventory for the use of infantry battalions.
(2) The Secretary of the Army may not carry out the
comparison described in paragraph (1) until the Director of
Operational Test and Evaluation of the Department of Defense
approves the plan for that comparison developed under that
paragraph.
(d) Limitation Pending Receipt of Secretary of the Army
Report.--Not more than 80 percent of the amount appropriated
for fiscal year 2001 for the procurement of armored vehicles in
the family of new medium armored vehicles may be obligated
until--
(1) the Secretary of the Army submits to the
congressional defense committees the report required
under subsection (a); and
(2) a period of 30 days has elapsed from the date
of the submittal of such report.
(e) Limitation Pending Comparison and Certification.--No
funds appropriated or otherwise made available to the
Department of the Army for any fiscal year may be obligated for
acquisition of medium armored combat vehicles to equip a third
interim brigade combat team until--
(1) the plan for a comparison of costs and
operational effectiveness developed under subsection
(c)(1), as approved under subsection (c)(2), is carried
out;
(2) the Secretary of Defense submits to the
congressional defense committees, after the completion
of the comparison referred to in paragraph (1), a
certification that--
(A) the Secretary approves of the
obligation of funds for that purpose; and
(B) the force structure resulting from the
acquisition and subsequent operational
capability of interim brigade combat teams will
not diminish the combat power of the Army; and
(3) a period of 30 days has elapsed from the date
of the certification under paragraph (2).
(f) Definitions.--In this section:
(1) The term ``transformation'', with respect to
the Army, means the actions being undertaken to
transform the Army, as it is constituted in terms of
organization, equipment, and doctrine in 2000, into the
objective force.
(2) The term ``objective force'' means the Army
that has the organizational structure, the most
advanced equipment that early twenty-first century
science and technology can provide, and the appropriate
doctrine to ensure that the Army is responsive,
deployable, agile, versatile, lethal, survivable, and
sustainable for the full spectrum of the operations
anticipated to be required of the Army during the early
years of the twenty-first century following 2010.
(3) The term ``interim brigade combat team'' means
an Army brigade that is designated by the Secretary of
the Army as a brigade combat team and is reorganized
and equipped with currently available equipment in a
configuration that effectuates an evolutionary
advancement toward transformation of the Army to the
objective force.

Subtitle C--Navy Programs

SEC. 121. CVNX-1 NUCLEAR AIRCRAFT CARRIER PROGRAM.

(a) Authorization of Ship.--The Secretary of the Navy is
authorized to procure the aircraft carrier to be designated
CVNX-1.
(b) Advance Procurement and Construction.--The Secretary
may enter into one or more contracts for the advance
procurement and advance construction of components for the ship
authorized under subsection (a).
(c) Amount Authorized From SCN Account.--Of the amounts
authorized to be appropriated under section 102(a)(3) for
fiscal year 2001, $21,869,000 is available for the advance
procurement and advance construction of components (including
nuclear components) for the CVNX-1 aircraft carrier program.

SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

(a) Economical Multiyear Procurement of Previously
Authorized Vessels and One Additional Vessel.--(1) Subsection
(b) of section 122 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446), as
amended by section 122(a) of Public Law 106-65 (113 Stat. 534),
is further amended by striking ``a total of 18 Arleigh Burke
class destroyers'' in the first sentence and all that follows
through the period at the end of that sentence and inserting
``Arleigh Burke class destroyers in accordance with this
subsection and subsection (a)(4) at procurement rates not in
excess of three ships in each of the fiscal years beginning
after September 30, 1998, and before October 1, 2005. The
authority under the preceding sentence is subject to the
availability of appropriations for such destroyers.''.
(2) The heading for such subsection is amended by striking
``18''.
(b) Economical Rate of Procurement.--It is the sense of
Congress that, for the procurement of the Arleigh Burke class
destroyers to be procured after fiscal year 2001 under
multiyear contracts authorized under section 122(b) of Public
Law 104-201, as amended by subsection (a)--
(1) the Secretary of the Navy should--
(A) achieve the most economical rate of
procurement; and
(B) enter into such contracts for advance
procurement as may be necessary to achieve that
rate of procurement;
(2) the most economical rate of procurement would
be achieved by procuring three of those vessels in each
of fiscal years 2002 and 2003 and procuring another
vessel in fiscal year 2004; and
(3) the Secretary has the authority under section
122(b) of Public Law 104-201 (110 Stat. 2446) and
subsections (b) and (c) of section 122 of Public Law
106-65 (113 Stat. 534) to provide for procurement at
the most economical rate, as described in paragraph
(2).
(c) Update of 1993 Report on DDG-51 Class Ships.--(1) The
Secretary of the Navy shall submit to the Committees on Armed
Services of the Senate and the House of Representatives, not
later than November 1, 2000, a report that updates the
information provided in the report of the Secretary of the Navy
entitled the ``Arleigh Burke (DDG-51) Class Industrial Base
Study of 1993''. The Secretary shall transmit a copy of the
updated report to the Comptroller General not later than the
date on which the Secretary submits the report to the
committees.
(2) The Comptroller General shall review the updated report
submitted under paragraph (1) and, not later than December 1,
2000, submit to the Committees on Armed Services of the Senate
and House of Representatives the Comptroller General's comments
on the updated report.

SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.

(a) Amounts Authorized From SCN Account.--Of the amounts
authorized to be appropriated by section 102(a)(3) for fiscal
year 2001, $1,706,234,000 is available for the Virginia class
submarine program.
(b) Contract Authority.--(1) The Secretary of the Navy is
authorized to enter into a contract for the procurement of up
to five Virginia class submarines, including the procurement of
material in economic order quantities when cost savings are
achievable, during fiscal years 2003 through 2006. The
submarines authorized under the preceding sentence are in
addition to the submarines authorized under section 121(b) of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1648).
(2) A contract entered into under paragraph (1) shall
provide that any obligation of the United States to make a
payment under the contract is subject to the availability of
appropriations for that purpose.
(c) Shipbuilder Teaming.--Paragraphs (2)(A), (3), and (4)
of section 121(b) of Public Law 105-85 apply to the procurement
of submarines under this section.
(d) Limitation of Liability.--If a contract entered into
under this section is terminated, the United States shall not
be liable for termination costs in excess of the total of the
amounts appropriated for the Virginia class submarine program
that remain available for the program.
(e) Report Requirement.--At that same time that the
President submits the budget for fiscal year 2002 to Congress
under section 1105(a) of title 31, United States Code, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Navy's fleet of fast attack
submarines. The report shall include the following:
(1) A plan for maintaining at least 55 fast attack
submarines in commissioned service through 2015,
including, by 2015, 18 Virginia class submarines.
(2) Two assessments of the potential savings that
would be achieved under the Virginia class submarine
program if the production rate for that program were at
least two submarines each fiscal year, as follows:
(A) An assessment if that were the
production rate beginning in fiscal year 2004.
(B) An assessment if that were the
production rate beginning in fiscal year 2006.
(3) An analysis of the advantages and disadvantages
of various contracting strategies for the Virginia
class submarine program, including one or more
multiyear procurement strategies and one or more
strategies for block buy with economic order quantity.

SEC. 124. LIMITATION DURING FISCAL YEAR 2001 ON CHANGES IN SUBMARINE
FORCE STRUCTURE.

(a) Limitation on Retirement of Submarines.--During fiscal
year 2001, the Secretary of the Navy may not retire from the
active force structure of the Navy any Los Angeles class
nuclear-powered attack submarine or any Ohio class nuclear-
powered ballistic missile submarine unless the Secretary of the
Navy certifies to Congress in writing that he cannot assure the
continued safe and militarily effective operation of that
submarine.
(b) Report.--Not later than April 15, 2001, the President
shall submit to Congress a report on the required force
structure for nuclear-powered submarines, including attack
submarines (SSNs), ballistic missile submarines (SSBNs), and
cruise missile submarines (SSGNs), to support the national
military strategy through 2020. The report shall include a
detailed discussion of the acquisition strategy and fleet
maintenance requirements to achieve and maintain that force
structure through--
(1) the procurement of new construction submarines;
(2) the refueling of Los Angeles class attack
submarines (SSNs) to achieve the maximum amount of
operational useful service; and
(3) the conversion of Ohio class submarines that
are no longer required for the strategic deterrence
mission from their current ballistic missile (SSBN)
configuration to a cruise-missile (SSGN) configuration.

SEC. 125. ADC(X) SHIP PROGRAM.

The Secretary of the Navy may procure the construction of
all ADC(X) class ships in one shipyard if the Secretary
determines that it is more cost effective to do so than to
procure the construction of such ships from more than one
shipyard.

SEC. 126. REFUELING AND COMPLEX OVERHAUL PROGRAM OF THE U.S.S. DWIGHT
D. EISENHOWER.

(a) Amount Authorized From SCN Account.--Of the amount
authorized to be appropriated by section 102(a)(3) for fiscal
year 2001, $698,441,000 is available for the commencement of
the nuclear refueling and complex overhaul of the U.S.S. Dwight
D. Eisenhower (CVN-69) during fiscal year 2001. The amount made
available in the preceding sentence is the first increment in
the incremental funding planned for the nuclear refueling and
complex overhaul of that vessel.
(b) Contract Authority.--The Secretary of the Navy is
authorized to enter into a contract during fiscal year 2001 for
the nuclear refueling and complex overhaul of the U.S.S. Dwight
D. Eisenhower.
(c) Condition for Out-Year Contract Payments.--A contract
entered into under subsection (b) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2001 is subject to
the availability of appropriations for that purpose for that
later fiscal year.

SEC. 127. ANALYSIS OF CERTAIN SHIPBUILDING PROGRAMS.

(a) Alternative Funding Analysis.--The Secretary of the
Navy shall conduct an analysis on the potential benefits and
risks associated with alternative funding mechanisms for the
procurement of various classes of naval vessels and other naval
capabilities beginning in fiscal year 2002.
(b) Alternative Funding Mechanisms.--For purposes of this
section, the term ``alternative funding mechanism'' means any
of the following:
(1) The use of multiyear procurement.
(2) The use of advance procurement for block buys
of materials in economic order quantities.
(3) The use of advance procurement and advance
construction required in the number of years
appropriate to minimize the cost of ship construction.
(4) The use of advance procurement and advance
construction apportioned roughly evenly across some
number of fiscal years.
(5) The use of resources from the National Defense
Sealift Fund to budget for auxiliary ships and
strategic lift ships.
(6) The use of the resources from the National
Defense Sealift Fund to provide advance payments for
national defense features to establish an active Ready
Reserve Force.
(c) Report.--The Secretary shall submit to the
congressional defense committees a report providing the results
of the analysis under subsection (a). The report shall be
submitted concurrently with the submission of the President's
budget for fiscal year 2002, but in no event later than
February 5, 2001. The report shall include the following:
(1) A detailed description of the funding
mechanisms considered.
(2) The potential savings or costs associated with
each such funding mechanism.
(3) The year-to-year effect of each such funding
mechanism on production stability of other shipbuilding
programs funded within the Shipbuilding and Conversion,
Navy, account, given the current acquisition plan of
the Navy through fiscal year 2010.
(4) The variables and constants used in the
analysis which should include economic, industrial
base, and budget realities.
(5) A description and discussion of any statutory
or regulatory restrictions that would preclude the use
of any of the funding mechanisms considered.

SEC. 128. HELICOPTER SUPPORT OF FFG-7 FRIGATES DURING FISCAL YEAR 2001.

During fiscal year 2001, the Secretary of the Navy shall
operate one squadron of six SH-2G helicopters to provide
organic helicopter assets for operational support of missions
that are to be carried out by FFG-7 Flight I and Flight II
frigates during that fiscal year.

SEC. 129. V-22 COCKPIT AIRCRAFT VOICE AND FLIGHT DATA RECORDERS.

The Secretary of Defense shall require that all V-22 Osprey
aircraft be equipped with a state-of-the-art cockpit voice
recorder and a state-of-the-art flight data recorder each of
which meets, at a minimum, the standards for such devices
recommended by the National Transportation Safety Board.

Subtitle D--Air Force Programs

SEC. 131. ANNUAL REPORT ON B-2 BOMBER.

(a) In General.--(1) Chapter 136 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2282. B-2 bomber: annual report

``Not later than March 1 of each year, 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 B-2 bomber aircraft. Each such
report shall include the following:
``(1) Identification of the average full-mission
capable rate of B-2 aircraft for the preceding fiscal
year and the Secretary's overall assessment of the
implications of that full-mission capable rate on
mission accomplishment for the B-2 aircraft, together
with the Secretary's determination as to whether that
rate is adequate for the accomplishment of each of the
missions assigned to the B-2 aircraft as of the date of
the assessment.
``(2) An assessment of the technical capabilities
of the B-2 aircraft and whether these capabilities are
adequate to accomplish each of the missions assigned to
that aircraft as of the date of the assessment.
``(3) Identification of all ongoing and planned
development of technologies to enhance the capabilities
of that aircraft.
``(4) Identification and assessment of additional
technologies that would make that aircraft more capable
or survivable against known and evolving threats.
``(5) A fiscally phased program for each technology
identified in paragraphs (3) and (4) for the budget
year and the future-years defense program, based on the
following three funding situations:
``(A) The President's current budget.
``(B) The President's current budget and
the current Department of Defense unfunded
priority list.
``(C) The maximum executable funding for
the B-2 aircraft given the requirement to
maintain enough operationally ready aircraft to
accomplish missions assigned to the B-2
aircraft.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``2282. B-2 bomber: annual report.''.

(b) Repeal of Superseded Reporting Requirement.--Section
112 of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189) is repealed.

SEC. 132. REPORT ON MODERNIZATION OF AIR NATIONAL GUARD F-16A UNITS.

The Secretary of the Air Force shall, not later than
February 1, 2001, submit to Congress a plan to modernize and
upgrade the combat capabilities of those Air National Guard
units that, as of the date of the enactment of this Act, are
assigned F-16A aircraft so that those units can be deployed as
part of Air Expeditionary Forces.

Subtitle E--Joint Programs

SEC. 141. STUDY OF FINAL ASSEMBLY AND CHECKOUT ALTERNATIVES FOR THE
JOINT STRIKE FIGHTER PROGRAM.

(a) Report Required.--Not later than 180 days after the
date of the award of a contract for engineering and
manufacturing development for the Joint Strike Fighter aircraft
program, the Secretary of Defense shall submit to Congress a
report providing the results of a study of final assembly and
checkout alternatives for that aircraft.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) Examination of alternative final assembly and
checkout strategies for the program, including--
(A) final assembly and checkout of all
aircraft under the program at one location;
(B) final assembly and checkout at dual
locations; and
(C) final assembly and checkout at multiple
locations.
(2) Identification of each Government and industry
facility that is a potential location for such final
assembly and checkout.
(3) Identification of the anticipated costs of
final assembly and checkout at each facility identified
pursuant to paragraph (2), based upon a reasonable
profile for the annual procurement of that aircraft
once it enters production.
(4) A comparison of the anticipated costs of
carrying out such final assembly and checkout at each
such location.
(c) Cost Comparison.--In identifying costs under subsection
(b)(3) and carrying out the cost comparisons required by
subsection (b)(4), the Secretary shall include consideration of
each of the following factors:
(1) State tax credits.
(2) State and local incentives.
(3) Skilled resident workforce.
(4) Supplier and technical support bases.
(5) Available stealth production facilities.
(6) Environmental standards.

Subtitle F--Chemical Demilitarization

SEC. 151. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT AND MUNITIONS
DESTRUCTION TECHNOLOGIES.

(a) Limitation.--In determining the technologies to be used
for the destruction of the stockpile of lethal chemical agents
and munitions at Pueblo Chemical Depot, Colorado, whether under
the assessment required by section 141(a) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 537; 50 U.S.C. 1521 note), the Assembled Chemical
Weapons Assessment, or any other assessment, the Secretary of
Defense may consider only the following technologies:
(1) Incineration.
(2) Any technologies demonstrated under the
Assembled Chemical Weapons Assessment on or before May
1, 2000.
(b) Assembled Chemical Weapons Assessment Defined.--As used
in subsection (a), the term ``Assembled Chemical Weapons
Assessment'' means the pilot program carried out under section
8065 of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104-208; 110 Stat.
3009-101; 50 U.S.C. 1521 note).

SEC. 152. REPORT ON ASSESSMENT OF NEED FOR FEDERAL ECONOMIC ASSISTANCE
FOR COMMUNITIES IMPACTED BY CHEMICAL
DEMILITARIZATION ACTIVITIES.

(a) Report Required.--Not later than April 1, 2001, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and of the House of Representatives a
report on the impact of the Department of Defense chemical
agents and munitions destruction program on the communities in
the vicinity of the chemical weapons stockpile storage sites
and associated chemical agent demilitarization activities at
the following facilities:
(1) Anniston Chemical Activity, Alabama.
(2) Blue Grass Chemical Activity, Kentucky.
(3) Deseret Chemical Depot, Utah.
(4) Edgewood Chemical Activity, Maryland.
(5) Newport Chemical Activity, Indiana.
(6) Pine Bluff Chemical Activity, Arkansas.
(7) Pueblo Chemical Activity, Colorado.
(8) Umatilla Chemical Depot, Oregon.
(b) Recommendation.--The Secretary shall include in the
report a recommendation regarding whether Federal economic
assistance for any or all of those communities to assist in
meeting the impact of that program is needed and appropriate.
If the Secretary's recommendation is that such economic
assistance is needed and appropriate for any or all of such
communities, the Secretary shall include in the report criteria
for determining the amount of such economic assistance.
(c) Matters To Be Considered in Assessing Impact.--In
assessing the impact of the program referred to in subsection
(a) for purposes of preparing the report required by that
subsection and the recommendation required by subsection (b),
the Secretary shall consider the following:
(1) The impact that any change in population as a
result of chemical agent demilitarization activities
would have on the community.
(2) The possible temporary nature of such a change
in population and the long-range financial impact of
such a change in population on the permanent residents
of the community.
(3) The initial capitalization required for the
services, facilities, or infrastructure to support any
increase in population.
(4) The operating costs for sustaining or upgrading
the services, facilities, or infrastructure to support
any increase in population.
(5) The costs incurred by local government entities
for improvements to emergency evacuation routes
required by the chemical demilitarization activities.
(6) Such other factors as the Secretary considers
appropriate.

SEC. 153. PROHIBITION AGAINST DISPOSAL OF NON-STOCKPILE CHEMICAL
WARFARE MATERIAL AT ANNISTON CHEMICAL STOCKPILE
DISPOSAL FACILITY.

No funds authorized to be made available under this or any
other Act may be used to facilitate the disposal using the
chemical stockpile disposal facility at Anniston, Alabama, of
any non-stockpile chemical warfare material that is not stored
(as of the date of the enactment of this Act) at the Anniston
Army Depot.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.

Subtitle B--Program Requirements, Restrictions, and Limitations

Subtitle C--Ballistic Missile Defense

Subtitle D--High Energy Laser Programs

Subtitle E--Other Matters

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $5,568,482,000.
(2) For the Navy, $8,715,335,000.
(3) For the Air Force, $13,779,144,000.
(4) For Defense-wide activities, $10,873,712,000,
of which $192,060,000 is authorized for the Director of
Operational Test and Evaluation.

SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

(a) Fiscal Year 2001.--Of the amounts authorized to be
appropriated by section 201, $4,557,188,000 shall be available
for basic research and applied research projects.
(b) Basic Research and Applied Research Defined.--For
purposes of this section, the term ``basic research and applied
research'' means work funded in program elements for defense
research and development under Department of Defense category
6.1 or 6.2.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. MANAGEMENT OF SPACE-BASED INFRARED SYSTEM--LOW.

Not later than October 1, 2001, the Secretary of Defense
shall direct that the Director of the Ballistic Missile Defense
Organization shall have authority for program management for
the ballistic missile defense program known on the date of the
enactment of this Act as the Space-Based Infrared System--Low.

SEC. 212. JOINT STRIKE FIGHTER PROGRAM.

(a) Report.--Not later than December 15, 2000, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Joint Strike Fighter aircraft
program describing the criteria for exit of the program from
the demonstration and validation phase, and entry of the
program into the engineering and manufacturing development
phase, of the acquisition process.
(b) Certification.--The Joint Strike Fighter program may
not be approved for entry into the engineering and
manufacturing development phase of the acquisition process
until the Secretary of Defense certifies to the congressional
defense committees that--
(1) the exit criteria established in the report
submitted under subsection (a) have been accomplished;
(2) the technological maturity of key technologies
for the program is sufficient to warrant entry of the
program into the engineering and manufacturing
development phase; and
(3) the short take-off, vertical-landing aircraft
variant selected for engineering and manufacturing
development has successfully flown at least 20 hours.
(c) Transfers Within the Joint Strike Fighter Navy and Air
Force Accounts.--(1) The Secretary of Defense may, subject to
established congressional notification and reprogramming
procedures, transfer within the Joint Strike Fighter program
the following amounts:
(A) Of the funds authorized to be appropriated for
PE 64800N, up to $100,000,000 to PE 63800N.
(B) Of the funds authorized to be appropriated for
PE 64800F, up to $100,000,000 to PE 63800F.
(2) The transfer authority authorized in paragraph (1) is
in addition to the transfer authority provided in section 1001.

SEC. 213. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.

(a) Requirements.--The Secretary of Defense shall carry out
a joint field experiment in fiscal year 2002. The Secretary
shall ensure that the planning for the joint field experiment
is carried out in fiscal year 2001.
(b) Purpose.--The purpose of the joint field experiment is
to explore critical war fighting challenges at the operational
level of war that will confront United States joint military
forces after 2010.
(c) Participating Forces.--(1) The joint field experiment
shall involve elements of the Army, Navy, Marine Corps, and Air
Force, and shall include special operations forces.
(2) The forces designated to participate in the joint field
experiment shall exemplify the concepts for organization,
equipment, and doctrine that are conceived for the forces after
2010 under Joint Vision 2010 and Joint Vision 2020 (issued by
the Joint Chiefs of Staff) and the current vision statements of
the Chief of Staff of the Army, the Chief of Naval Operations,
the Commandant of the Marine Corps, and the Chief of Staff of
the Air Force, including the following concepts:
(A) Army medium weight brigades.
(B) Navy Forward-From-The-Sea.
(C) Air Force expeditionary aerospace forces.
(d) Report.--Not later than March 1, 2001, the Secretary
shall submit to the congressional defense committees a report
on the concept plan for the joint field experiment required
under subsection (a). The report shall include the following:
(1) The objectives of the experiment.
(2) The forces participating in the experiment.
(3) The schedule and location of the experiment.
(4) For each joint command, defense agency, and
service component participating in the experiment, an
identification of--
(A) the funding required for the experiment
by that command, agency, or component; and
(B) any shortfall in the budget request for
the Department of Defense for fiscal year 2002
for that funding for that command, agency, or
component.

SEC. 214. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRODUCTION MODELING.

(a) Assessment Required.--The Secretary of the Navy shall
conduct an assessment of the cost-effectiveness of--
(1) converting design data for the Nimitz-class
aircraft carrier from non-electronic to electronic
form; and
(2) developing an electronic, three-dimensional
design product model for the CVNX class aircraft
carrier.
(b) Conduct of the Assessment.--The Secretary of the Navy
shall carry out the assessment in a manner that ensures the
participation of the nuclear aircraft carrier shipbuilding
industry.
(c) Report.--The Secretary of the Navy shall submit a
report to the congressional defense committees on the
assessment. The report shall include the results of the
assessment and plans and funding requirements for developing
the model specified in subsection (a)(2). The report shall be
submitted with the submission of the budget request for the
Department of Defense for fiscal year 2002.
(d) Funding.--Of the amount authorized to be appropriated
under section 201(2) for research, development, test, and
evaluation for the Navy, $8,000,000 shall be available to
initiate the conversion and development of nuclear aircraft
carrier design data into an electronic, three-dimensional
product model.

SEC. 215. DD-21 CLASS DESTROYER PROGRAM.

(a) Authority.--The Secretary of the Navy is authorized to
pursue a technology insertion approach for the construction of
the DD-21 destroyer that is based on the assumption of the
following schedule:
(1) Award of a contract for advance procurement for
construction of components for the DD-21 destroyer
during fiscal year 2004.
(2) Delivery of the completed ship during fiscal
year 2009.
(b) Sense of Congress.--It is the sense of Congress that--
(1) there are compelling reasons for starting the
program for constructing the DD-21 destroyer during
fiscal year 2004 with available procurement funds and
continuing with sequential construction of DD-21 class
destroyers during the ensuing fiscal years until 32 DD-
21 class destroyers have been constructed; and
(2) the Secretary of the Navy, in providing for the
acquisition of DD-21 class destroyers, should consider
that--
(A) the Marine Corps needs the surface
fire-support capabilities of the DD-21 class
destroyers as soon as possible in order to
mitigate the inadequacies of the surface fire-
support capabilities that are currently
available;
(B) the Navy and Marine Corps need to
resolve whether there is a requirement for
surface fire-support missile weapon systems to
be easily sustainable by means of replenishment
while under way;
(C) the technology insertion approach has
been successful for other ship construction
programs and is being pursued for the CVNX
aircraft carrier program and the Virginia class
submarine program;
(D) the establishment of a stable
configuration for the first 10 DD-21 class
destroyers should enable the construction of
those ships with the greatest capabilities at
the lowest cost; and
(E) action to acquire DD-21 class
destroyers should be taken as soon as possible
in order to realize fully the cost savings that
can be derived from the construction and
operation of DD-21 class destroyers,
including--
(i) savings in construction costs
that would result from achievement of
the Navy's target per-ship cost of
$750,000,000 by the fifth ship
constructed in each construction yard;
(ii) savings that would result from
the estimated reduction of the crews of
destroyers by 200 or more personnel for
each ship; and
(iii) savings that would result
from a reduction in the operating costs
for destroyers by an estimated 70
percent.
(c) Navy Plan for Use of Technology Insertion Approach for
Construction of the DD-21 Ship.--The Secretary of the Navy
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives, not later than April 18,
2001, a plan for pursuing a technology insertion approach for
the construction of the DD-21 destroyer as authorized under
subsection (a). The plan shall include estimates of the
resources necessary to carry out the plan.
(d) Report on Acquisition and Maintenance Plan for DD-21
Class Ships.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than April 18, 2001, a report on the
Navy's plan for the acquisition and maintenance of DD-21 class
destroyers. The report shall include a discussion of each of
the following matters:
(1) The technical feasibility of contracting for,
and commencing construction of, the first destroyer in
that class during fiscal year 2004 and achieving
delivery of the completed ship during fiscal year 2009.
(2) An analysis of alternative contracting
strategies for the construction of the first 10
destroyers in that class, including one or more
multiyear procurement strategies and one or more
strategies for block buy in economic order quantity.
(3) A comparison of the effects on the destroyer
industrial base and on costs to other Navy shipbuilding
programs of the following two options:
(A) Commencing construction of the first
destroyer in that class during fiscal year
2004, with delivery of the completed ship
during fiscal year 2009, and delaying
commencement of construction of the next
destroyer in that class until fiscal year 2006.
(B) Commencing construction of the first
destroyer in that class during fiscal year 2005
(rather than fiscal year 2004), with advance
procurement during fiscal year 2004 and
delivery of the completed ship during fiscal
year 2010, and delaying commencement of
construction of the next destroyer in that
class until fiscal year 2007 (rather than
fiscal year 2006).
(4) The effects on the fleet maintenance strategies
of Navy fleet commanders, on commercial maintenance
facilities in fleet concentration areas, and on the
administration of funds in compliance with section 2466
of title 10, United States Code, of awarding to a
contractor for the construction of a destroyer in that
class all maintenance workloads for destroyers in that
class that are below depot-level maintenance and above
ship-level maintenance.

SEC. 216. LIMITATION ON RUSSIAN AMERICAN OBSERVATION SATELLITES
PROGRAM.

None of the funds authorized to be appropriated under
section 201(4) for the Russian American Observation Satellites
program may be obligated or expended until 30 days after the
Secretary of Defense submits to Congress a report explaining
how the Secretary plans to protect United States advanced
military technology that may be associated with the Russian
American Observation Satellites program.

SEC. 217. JOINT BIOLOGICAL DEFENSE PROGRAM.

(a) Limitation.--Subject to subsection (c), funds
authorized to be appropriated by this Act may not be obligated
for the procurement of a vaccine for the biological agent
anthrax until the Secretary of Defense has submitted to the
congressional defense committees each of the following:
(1) A written notification that the Food and Drug
Administration has approved the current manufacturer
for production of the vaccine.
(2) A report on the contingencies associated with
continuing to rely on the current manufacturer to
supply the vaccine.
(b) Content of Report.--The report required under
subsection (a)(2) shall include each of the following:
(1) Recommended strategies to mitigate the risk to
the Department of Defense of losing the current
manufacturer as a source of anthrax vaccine, together
with a discussion of the criteria to be applied in
determining whether to carry out any of the strategies
and which strategy to carry out.
(2) Recommended strategies to ensure that the
Department of Defense can procure, from one or more
sources other than the current manufacturer, an anthrax
vaccine approved by the Food and Drug Administration
that meets the requirements of the Department if--
(A) the Food and Drug Administration does
not approve the release of the anthrax vaccine
available from the current manufacturer; or
(B) the current manufacturer terminates the
production of anthrax vaccine permanently.
(3) A five-year budget to support each strategy
recommended under paragraph (1) or (2).
(c) Permissible Obligations.--(1) This section does not
limit the obligation of funds for any of the following
purposes:
(A) The support of any action that is necessary for
the current manufacturer to comply with standards of
the Food and Drug Administration (including those
purposes necessary to obtain or maintain a biological
license application) applicable to anthrax vaccine.
(B) Establishing an additional source (other than
or in conjunction with the current manufacturer) for
the production of anthrax vaccine.
(C) Any action that the Secretary determines
necessary to ensure production of anthrax vaccine for
meeting an urgent and immediate national defense
requirement.
(2) Not later than seven days after the total amount of the
funds obligated (or obligated and expended) for purposes
specified in paragraph (1) exceeds $5,000,000, the Secretary
shall submit to Congress a notification that the total
obligations exceed that amount, together with a written
justification for the obligation of funds in excess of that
amount.
(d) Current Manufacturer.--In this section, the term
``current manufacturer'' means the manufacturing source from
which the Department of Defense is procuring anthrax vaccine as
of the date of the enactment of this Act.

SEC. 218. REPORT ON BIOLOGICAL WARFARE DEFENSE VACCINE RESEARCH AND
DEVELOPMENT PROGRAMS.

(a) Report Required.--Not later than February 1, 2001, the
Secretary of Defense shall submit to the congressional defense
committees a report on the acquisition of biological warfare
defense vaccines for the Department of Defense.
(b) Contents.--The report shall include the following:
(1) The Secretary's evaluation of the implications
of reliance on the commercial sector to meet the
requirements of the Department of Defense for
biological warfare defense vaccines.
(2) A design for a government-owned, contractor-
operated facility for the production of biological
warfare defense vaccines that meets the requirements of
the Department for such vaccines, and the assumptions
on which that design is based.
(3) A preliminary cost estimate of, and schedule
for, establishing and bringing into operation such a
facility, and the estimated annual cost of operating
such a facility thereafter.
(4) A determination, developed in consultation with
the Surgeon General, of the utility of such a facility
to support the production of vaccines for the civilian
sector, and a discussion of the effects that the use of
such a facility for that purpose might have on--
(A) the production of vaccines for the
Armed Forces; and
(B) the annual cost of operating such a
facility.
(5) An analysis of the effects that international
requirements for vaccines, and the production of
vaccines in response to those requirements, might have
on--
(A) the production of vaccines for the
Armed Forces; and
(B) the annual cost of operating such a
facility.
(c) Biological Warfare Defense Vaccine Defined.--In this
section, the term ``biological warfare defense vaccine'' means
a vaccine useful for the immunization of military personnel to
protect against biological agents on the Validated Threat List
issued by the Joint Chiefs of Staff, whether such vaccine is in
production or is being developed.

SEC. 219. COST LIMITATIONS APPLICABLE TO F-22 AIRCRAFT PROGRAM.

(a) Flexibility in Engineering and Manufacturing
Development Cost Cap.--Section 217(c) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1660) is amended by adding at the end the following new
paragraph:
``(3) With respect to the limitation in subsection
(a), an increase by an amount that does not exceed 1\1/
2\ percent of the total amount of that limitation
(taking into account the increases and decreases, if
any, under paragraphs (1) and (2)) if the Director of
Operational Test and Evaluation, after consulting with
the Under Secretary of Defense for Acquisition,
Technology, and Logistics, determines that the increase
is necessary in order to ensure adequate testing.''.
(b) Reestablishment of Separate Engineering and
Manufacturing Development Cost Cap and Production Cost Cap.--
The provisions of subsections (a) and (b) of section 217 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1660) shall continue to apply with
respect to amounts obligated and expended for engineering and
manufacturing development, and for production, respectively,
for the F-22 aircraft program without regard to any provision
of law establishing a single limitation on amounts obligated
and expended for engineering and manufacturing development and
for production for that program.

SEC. 220. UNMANNED ADVANCED CAPABILITY COMBAT AIRCRAFT AND GROUND
COMBAT VEHICLES.

(a) Goal.--It shall be a goal of the Armed Forces to
achieve the fielding of unmanned, remotely controlled
technology such that--
(1) by 2010, one-third of the aircraft in the
operational deep strike force aircraft fleet are
unmanned; and
(2) by 2015, one-third of the operational ground
combat vehicles are unmanned.
(b) Report on Unmanned Advanced Capability Combat Aircraft
and Ground Combat Vehicles.--(1) Not later than January 31,
2001, the Secretary of Defense shall submit to the
congressional defense committees a report on the programs to
demonstrate unmanned advanced capability combat aircraft and
ground combat vehicles undertaken jointly between the Director
of the Defense Advanced Research Projects Agency and any of the
following:
(A) The Secretary of the Army.
(B) The Secretary of the Navy.
(C) The Secretary of the Air Force.
(2) The report shall include, for each program referred to
in paragraph (1), the following:
(A) A schedule for the demonstration to be carried
out under that program.
(B) An identification of the funding required for
fiscal year 2002 and for the future-years defense
program to carry out that program and for the
demonstration to be carried out under that program.
(C) In the case of the program relating to the
Army, the plan for modification of the existing
memorandum of agreement with the Defense Advanced
Research Projects Agency for demonstration and
development of the Future Combat System to reflect an
increase in unmanned, remotely controlled enabling
technologies.
(3) The report shall also include, for each Secretary
referred to in paragraphs (1)(A), (1)(B), and (1)(C), a
description and assessment of the acquisition strategy for
unmanned advanced capability combat aircraft and ground combat
vehicles planned by that Secretary, which shall include a
detailed estimate of all research and development, procurement,
operation, support, ownership, and other costs required to
carry out such strategy through the year 2030, and--
(A) in the case of the acquisition strategy
relating to the Army, the transition from the planned
acquisition strategy for the Future Combat System to an
acquisition strategy capable of meeting the goal
specified in subsection (a)(2);
(B) in the case of the acquisition strategy
relating to the Navy--
(i) the plan to implement a program that
examines the ongoing Air Force unmanned combat
air vehicle program and identifies an approach
to develop a Navy unmanned combat air vehicle
program that has the goal of developing an
aircraft that is suitable for aircraft carrier
use and has maximum commonality with the
aircraft under the Air Force program; and
(ii) an analysis of alternatives between
the operational deep strike force aircraft
fleet and that fleet together with an
additional 10 to 20 unmanned advanced
capability combat aircraft that are suitable
for aircraft carrier use and capable of
penetrating fully operational enemy air defense
systems; and
(C) in the case of the acquisition strategy
relating to the Air Force--
(i) the schedule for evaluation of
demonstration results for the ongoing unmanned
combat air vehicle program and the earliest
possible transition of that program into
engineering and manufacturing development and
procurement; and
(ii) an analysis of alternatives between
the currently planned deep strike force
aircraft fleet and the operational deep strike
force aircraft fleet that could be acquired by
fiscal year 2010 to meet the goal specified in
subsection (a)(1).
(c) Funds.--Of the amount authorized to be appropriated for
Defense-wide activities under section 201(4) for the Defense
Advanced Research Projects Agency, $100,000,000 shall be
available only to carry out the programs referred to in
subsection (b)(1).
(d) Definitions.--For purposes of this section:
(1) An aircraft or ground combat vehicle has
``unmanned advanced capability'' if it is an
autonomous, semi-autonomous, or remotely controlled
system that can be deployed, re-tasked, recovered, and
re-deployed.
(2) The term ``currently planned deep strike force
aircraft fleet'' means the early entry, deep strike
aircraft fleet (composed of F-117 stealth aircraft and
B-2 stealth aircraft) that is currently planned for
fiscal year 2010.
(3) The term ``operational deep strike force
aircraft fleet'' means the currently planned deep
strike force aircraft fleet, together with at least 30
unmanned advanced capability combat aircraft that are
capable of penetrating fully operational enemy air
defense systems.
(4) The term ``operational ground combat vehicles''
means ground combat vehicles acquired through the
Future Combat System acquisition program of the Army to
equip the future objective force, as outlined in the
vision statement of the Chief of Staff of the Army.

SEC. 221. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.

(a) Concept Demonstration Required.--The Secretary of
Defense shall require and coordinate a concept demonstration of
the Global Hawk high altitude endurance unmanned aerial
vehicle.
(b) Purpose of Demonstration.--The purpose of the concept
demonstration is to demonstrate the capability of the Global
Hawk high altitude endurance unmanned aerial vehicle to operate
in an airborne surveillance mode, using available, non-
developmental technology.
(c) Time for Demonstration.--The Secretary shall initiate
the demonstration not later than March 1, 2001.
(d) Participation by CINCs.--The Secretary shall require
the commander of the United States Joint Forces Command and the
commander of the United States Southern Command jointly to
provide guidance for the demonstration and otherwise to
participate in the demonstration.
(e) Scenario for Demonstration.--The demonstration shall be
conducted in a counter-drug surveillance scenario that is
designed to replicate factual conditions typically encountered
in the performance of the counter-drug surveillance mission of
the commander of the United States Southern Command within that
commander's area of responsibility.
(f) Report.--Not later than 45 days after the demonstration
is completed, the Secretary shall submit to Congress a report
on the results of the demonstration. The report shall include
the following:
(1) The Secretary's assessment of the technical
feasibility of using the Global Hawk high altitude
endurance unmanned aerial vehicle for airborne air
surveillance.
(2) A discussion of the operational concept for the
use of the vehicle for that purpose.
(g) Funding.--Of the funds authorized to be appropriated by
section 301(20) for Drug Interdiction and Counter-drug
Activities, Defense-wide, $18,000,000 shall be available for
the concept demonstration required by subsection (a), including
initiation of concurrent development for an improved
surveillance radar.

SEC. 222. ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT.

Of the funds authorized to be appropriated under section
201(1) for Army space control technology, $3,000,000 shall be
available for the kinetic energy anti-satellite technology
program.

Subtitle C--Ballistic Missile Defense

SEC. 231. FUNDING FOR FISCAL YEAR 2001.

Of the funds authorized to be appropriated in section
201(4), $1,875,238,000 shall be available for the National
Missile Defense program.

SEC. 232. REPORTS ON BALLISTIC MISSILE THREAT POSED BY NORTH KOREA.

(a) Report on Ballistic Missile Threat.--Not later than two
weeks after the next flight test by North Korea of a long-range
ballistic missile, the President shall submit to Congress, in
classified and unclassified form, a report on the North Korean
ballistic missile threat to the United States. The report shall
include the following:
(1) An assessment of the current North Korean
missile threat to the United States.
(2) An assessment of whether the United States is
capable of defeating the North Korean long-range
missile threat to the United States as of the date of
the report.
(3) An assessment of when the United States will be
capable of defeating the North Korean missile threat to
the United States.
(4) An assessment of the potential for
proliferation of North Korean missile technologies to
other states and whether such proliferation will
accelerate the development of additional long-range
ballistic missile threats to the United States.
(b) Report on Reducing Vulnerability.--Not later than two
weeks after the next flight test by North Korea of a long-range
ballistic missile, the President shall submit to Congress a
report providing the following:
(1) Any additional steps the President intends to
take to reduce the period of time during which the
Nation is vulnerable to the North Korean long-range
ballistic missile threat.
(2) The technical and programmatic viability of
testing any other missile defense systems against
targets with flight characteristics similar to the
North Korean long-range missile threat, and plans to do
so if such tests are considered to be a viable
alternative.
(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.

SEC. 233. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE ARCHITECTURE.

(a) Plan.--The Director of the Ballistic Missile Defense
Organization shall develop a plan to adapt ballistic missile
defense systems and architectures to counter potential threats
to the United States, United States forces deployed outside the
United States, and other United States national security
interests that are posed by longer range medium-range ballistic
missiles and intermediate-range ballistic missiles.
(b) Use of Space-Based Sensors Included.--The plan shall
include--
(1) potential use of space-based sensors, including
the Space-Based Infrared System (SBIRS) Low and Space-
Based Infrared System (SBIRS) High, Navy theater
missile defense assets, upgrades of land-based theater
missile defenses, the airborne laser, and other assets
available in the European theater; and
(2) a schedule for ground and flight testing
against the identified threats.
(c) Report.--The Secretary of Defense shall assess the plan
and, not later than February 15, 2001, shall submit to the
congressional defense committees a report on the results of the
assessment.

SEC. 234. MANAGEMENT OF AIRBORNE LASER PROGRAM.

(a) Oversight of Funding, Schedule, and Technical
Requirements.--With respect to the program known as of the date
of the enactment of this Act as the ``Airborne Laser'' program,
the Secretary of Defense shall require that the Secretary of
the Air Force obtain the concurrence of the Director of the
Ballistic Missile Defense Organization before the Secretary--
(1) makes any change to the funding plan or
schedule for that program that would delay to a date
later than September 30, 2003, the first test of the
airborne laser that is intended to destroy a ballistic
missile in flight;
(2) makes any change to the funding plan for that
program in the future-years defense program that would
delay the initial operational capability of the
airborne laser; and
(3) makes any change to the technical requirements
of the airborne laser that would significantly reduce
its ballistic missile defense capabilities.
(b) Report.--Not later than February 15, 2001, the Director
of the Ballistic Missile Defense Organization shall submit to
the congressional defense committees a report, to be prepared
in coordination with the Secretary of the Air Force, on the
role of the airborne laser in the family of systems missile
defense architecture developed by the Director of the Ballistic
Missile Defense Organization and the Director of the Joint
Theater Air and Missile Defense Organization. The report shall
be submitted in unclassified and, if necessary, classified
form. The report shall include the following:
(1) An assessment by the Secretary of the Air Force
and the Director of the Ballistic Missile Defense
Organization of the funding plan for that program
required to achieve the schedule identified in
paragraphs (1) and (2) of subsection (a).
(2) Potential future airborne laser roles in that
architecture.
(3) An assessment of the effect of deployment of
the airborne laser on requirements for theater
ballistic missile defense systems.
(4) An assessment of the cost effectiveness of the
airborne laser compared to other ballistic missile
defense systems.
(5) An assessment of the relative significance of
the airborne laser in the family of systems missile
defense architecture.

Subtitle D--High Energy Laser Programs

SEC. 241. FUNDING.

(a) Funding for Fiscal Year 2001.--(1) Of the amount
authorized to be appropriated by section 201(4), $30,000,000 is
authorized for high energy laser development.
(2) Funds available under this subsection are available to
supplement the high energy laser programs of the military
departments and Defense Agencies, as determined by the official
designated under section 243.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should establish
funding for high energy laser programs within the
science and technology programs of each of the military
departments and the Ballistic Missile Defense
Organization; and
(2) the Secretary of Defense should establish a
goal that basic, applied, and advanced research in high
energy laser technology should constitute at least 4.5
percent of the total science and technology budget of
the Department of Defense by fiscal year 2004.

SEC. 242. IMPLEMENTATION OF HIGH ENERGY LASER MASTER PLAN.

The Secretary of Defense shall implement the management and
organizational structure specified in the Department of Defense
High Energy Laser Master Plan of March 24, 2000.

SEC. 243. DESIGNATION OF SENIOR OFFICIAL FOR HIGH ENERGY LASER
PROGRAMS.

(a) Designation.--The Secretary of Defense shall designate
a single senior civilian official in the Office of the
Secretary of Defense (in this subtitle referred to as the
``designated official'') to chair the High Energy Laser
Technology Council called for in the master plan referred to in
section 242 and to carry out responsibilities for the programs
for which funds are provided under this subtitle. The
designated official shall report directly to the Under
Secretary of Defense for Acquisition, Technology, and Logistics
for matters concerning the responsibilities specified in
subsection (b).
(b) Responsibilities.--The primary responsibilities of the
designated official shall include the following:
(1) Establishment of priorities for the high energy
laser programs of the military departments and the
Defense Agencies.
(2) Coordination of high energy laser programs
among the military departments and the Defense
Agencies.
(3) Identification of promising high energy laser
technologies for which funding should be a high
priority for the Department of Defense and
establishment of priority for funding among those
technologies.
(4) Preparation, in coordination with the
Secretaries of the military departments and the
Directors of the Defense Agencies, of a detailed
technology plan to develop and mature high energy laser
technologies.
(5) Planning and programming appropriate to rapid
evolution of high energy laser technology.
(6) Ensuring that high energy laser programs of
each military department and the Defense Agencies are
initiated and managed effectively and are complementary
with programs managed by the other military departments
and Defense Agencies and by the Office of the Secretary
of Defense.
(7) Ensuring that the high energy laser programs of
the military departments and the Defense Agencies
comply with the requirements specified in subsection
(c).
(c) Coordination and Funding Balance.--In carrying out the
responsibilities specified in subsection (b), the designated
official shall ensure that--
(1) high energy laser programs of each military
department and of the Defense Agencies are consistent
with the priorities identified in the designated
official's planning and programming activities;
(2) funding provided by the Office of the Secretary
of Defense for high energy laser research and
development complements high energy laser programs for
which funds are provided by the military departments
and the Defense Agencies;
(3) programs, projects, and activities to be
carried out by the recipients of such funds are
selected on the basis of appropriate competitive
procedures or Department of Defense peer review
process;
(4) beginning with fiscal year 2002, funding from
the Office of the Secretary of Defense in applied
research and advanced technology development program
elements is not applied to technology efforts in
support of high energy laser programs that are not
funded by a military department or the Defense
Agencies; and
(5) funding from the Office of the Secretary of
Defense to complement an applied research or advanced
technology development high energy laser program for
which funds are provided by one of the military
departments or the Defense Agencies do not exceed the
amount provided by the military department or the
Defense Agencies for that program.

SEC. 244. SITE FOR JOINT TECHNOLOGY OFFICE.

(a) Deadline for Selection of Site.--The Secretary of
Defense shall locate the Joint Technology Office called for in
the High Energy Laser Master Plan referred to in section 242 at
a location determined appropriate by the Secretary not later
than 30 days after the date of the enactment of this Act.
(b) Consideration of Site.--In determining the location of
the Joint Technology Office, the Secretary shall, in
consultation with the Deputy Under Secretary of Defense for
Science and Technology, assess--
(1) cost;
(2) accessibility between the Office and the Armed
Forces and senior Department of Defense leaders; and
(3) the advantages and disadvantages of locating
the Office at a site at which occurs a substantial
proportion of the directed energy research,
development, test, and evaluation activities of the
Department of Defense.

SEC. 245. HIGH ENERGY LASER INFRASTRUCTURE IMPROVEMENTS.

(a) Enhancement of Industrial Base.--The Secretary of
Defense shall consider, evaluate, and undertake to the extent
appropriate initiatives, including investment initiatives, to
enhance the industrial base to support military applications of
high energy laser technologies and systems.
(b) Enhancement of Test and Evaluation Capabilities.--The
Secretary of Defense shall consider modernizing the High Energy
Laser Test Facility at White Sands Missile Range, New Mexico,
in order to enhance the test and evaluation capabilities of the
Department of Defense with respect to high energy laser
weapons.

SEC. 246. COOPERATIVE PROGRAMS AND ACTIVITIES.

(a) Memorandum of Agreement With NNSA.--(1) The Secretary
of Defense and the Administrator for Nuclear Security of the
Department of Energy shall enter into a memorandum of agreement
to conduct joint research and development on military
applications of high energy lasers.
(2) The projects pursued under the memorandum of
agreement--
(A) shall be of mutual benefit to the national
security programs of the Department of Defense and the
National Nuclear Security Administration of the
Department of Energy;
(B) shall be prioritized jointly by officials
designated to do so by the Secretary of Defense and the
Administrator; and
(C) shall be consistent with the technology plan
prepared pursuant to section 243(b)(4) and the
requirements identified in section 243(c).
(3) The costs of each project pursued under the memorandum
of agreement shall be shared equally by the Department of
Defense and the National Nuclear Security Administration.
(4) The memorandum of agreement shall provide for
appropriate peer review of projects pursued under the
memorandum of agreement.
(b) Evaluation of Other Cooperative Programs and
Activities.--The Secretary of Defense shall evaluate the
feasibility and advisability of entering into cooperative
programs or activities with other Federal agencies,
institutions of higher education, and the private sector for
the purpose of enhancing the programs, projects, and activities
of the Department of Defense relating to high energy laser
technologies, systems, and weapons.

SEC. 247. TECHNOLOGY PLAN.

The designated official shall submit to the congressional
defense committees by February 15, 2001, the technology plan
prepared pursuant to section 243(b)(4). The report shall be
submitted in unclassified and, if necessary, classified form.

SEC. 248. ANNUAL REPORT.

Not later than February 15 of 2001, 2002, and 2003, the
Secretary of Defense shall submit to the congressional defense
committees a report on the high energy laser programs of the
Department of Defense. Each report shall include an assessment
of the following:
(1) The adequacy of the management structure of the
Department of Defense for the high energy laser
programs.
(2) The funding available for the high energy laser
programs.
(3) The technical progress achieved for the high
energy laser programs.
(4) The extent to which goals and objectives of the
high energy laser technology plan have been met.

SEC. 249. DEFINITION.

For purposes of this subtitle, the term ``high energy
laser'' means a laser that has average power in excess of one
kilowatt and that has potential weapons applications.

SEC. 250. REVIEW OF DEFENSE-WIDE DIRECTED ENERGY PROGRAMS.

(a) Evaluation.--The Secretary of Defense, in consultation
with the Deputy Under Secretary of Defense for Science and
Technology, shall evaluate expansion of the High Energy Laser
management structure specified in section 242 for possible
inclusion in that management structure of science and
technology programs in related areas, including the following:
(1) High power microwave technologies.
(2) Low energy and nonlethal laser technologies.
(3) Other directed energy technologies.
(b) Consideration of Prior Study.--The evaluation under
subsection (a) shall take into consideration the July 1999
Department of Defense study on streamlining and coordinating
science and technology and research, development, test, and
evaluation within the Department of Defense.
(c) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the findings of
the evaluation under subsection (a). The report shall be
submitted not later than March 15, 2001.

Subtitle E--Other Matters

SEC. 251. REPORTS ON MOBILE OFFSHORE BASE CONCEPT AND POTENTIAL USE FOR
CERTAIN PURPOSES OF TECHNOLOGIES ASSOCIATED WITH
THAT CONCEPT.

(a) Report on Merits of Mobile Offshore Base Concept.--Not
later than March 1, 2001, the Secretary of Defense shall submit
to the congressional defense committees a report on the mobile
offshore base concept. The report shall include the following:
(1) A cost-benefit analysis of the mobile offshore
base, using operational concepts that would support the
National Military Strategy.
(2) A recommendation regarding whether to proceed
with the mobile offshore base as a program and, if so--
(A) a statement regarding which of the
Armed Forces is to be designated to have the
lead responsibility for the program; and
(B) a schedule for the program.
(b) Report on Potential Use for Certain Purposes of
Associated Technologies.--Not later than March 1, 2001, the
Secretary of the Navy shall submit to the congressional defense
committees a report on the potential use of technologies
associated with the mobile offshore base concept. The report
shall include an assessment of the potential application and
feasibility of using existing technologies, including those
technologies associated with the mobile offshore base concept,
to a sea-based landing platform for support of naval aviation
training.

SEC. 252. AIR FORCE SCIENCE AND TECHNOLOGY PLANNING.

(a) Requirement for Review.--The Secretary of the Air Force
shall conduct a review of the long-term challenges and short-
term objectives of the Air Force science and technology
programs. The Secretary shall complete the review not later
than one year after the date of the enactment of this Act.
(b) Matters To Be Reviewed.--The review shall include the
following:
(1) An assessment of the budgetary resources that
are being used for fiscal year 2001 for addressing the
long-term challenges and the short-term objectives of
the Air Force science and technology programs.
(2) The budgetary resources that are necessary to
address those challenges and objectives adequately.
(3) A course of action for each projected or
ongoing Air Force science and technology program that
does not address either the long-term challenges or the
short-term objectives.
(4) The matters required under subsection (c)(5)
and (d)(6).
(c) Long-Term Challenges.--(1) The Secretary of the Air
Force shall establish an integrated product team to identify
high-risk, high-payoff challenges that will provide a long-term
focus and motivation for the Air Force science and technology
programs over the next 20 to 50 years following the enactment
of this Act. The integrated product team shall include
representatives of the Office of Scientific Research and
personnel from the Air Force Research Laboratory.
(2) The team shall solicit views from the entire Air Force
science and technology community on the matters under
consideration by the team.
(3) The team--
(A) shall select for consideration science and
technology challenges that involve--
(i) compelling requirements of the Air
Force;
(ii) high-risk, high-payoff areas of
exploration; and
(iii) very difficult, but probably
achievable, results; and
(B) should not select a linear extension of any
ongoing Air Force science and technology program for
consideration as a science and technology challenge
under subparagraph (A).
(4) The Deputy Assistant Secretary of the Air Force for
Science, Technology, and Engineering shall designate a
technical coordinator and a management coordinator for each
science and technology challenge identified pursuant to this
subsection. Each technical coordinator shall have sufficient
expertise in fields related to the challenge to be able to
identify other experts in such fields and to affirm the
credibility of the challenge. The coordinator for a science and
technology challenge shall conduct workshops within the
relevant scientific and technological community to obtain
suggestions for possible approaches to addressing the challenge
and to identify ongoing work that addresses the challenge,
deficiencies in current work relating to the challenge, and
promising areas of research.
(5) In carrying out subsection (a), the Secretary of the
Air Force shall review the science and technology challenges
identified pursuant to this subsection and, for each such
challenge, at a minimum--
(A) consider the results of the workshops conducted
pursuant to paragraph (4); and
(B) identify any work not currently funded by the
Air Force that should be performed to meet the
challenge.
(d) Short-Term Objectives.--(1) The Secretary of the Air
Force shall establish a task force to identify short-term
technological objectives of the Air Force science and
technology programs. The task force shall be chaired by the
Deputy Assistant Secretary of the Air Force for Science,
Technology, and Engineering and shall include representatives
of the Chief of Staff of the Air Force and the specified
combatant commands of the Air Force.
(2) The task force shall solicit views from the entire Air
Force requirements community, user community, and acquisition
community.
(3) The task force shall select for consideration short-
term objectives that involve--
(A) compelling requirements of the Air Force;
(B) support in the user community; and
(C) likely attainment of the desired benefits
within a five-year period.
(4) The Deputy Assistant Secretary of the Air Force for
Science, Technology, and Engineering shall establish an
integrated product team for each short-term objective
identified pursuant to this subsection. Each integrated product
team shall include representatives of the requirements
community, the user community, and the science and technology
community with relevant expertise.
(5) The integrated product team for a short-term objective
shall be responsible for--
(A) identifying, defining, and prioritizing the
enabling capabilities that are necessary for achieving
the objective;
(B) identifying deficiencies in the enabling
capabilities that must be addressed if the short-term
objective is to be achieved; and
(C) working with the Air Force science and
technology community to identify science and technology
projects and programs that should be undertaken to
eliminate each deficiency in an enabling capability.
(6) In carrying out subsection (a), the Secretary of the
Air Force shall review the short-term science and technology
objectives identified pursuant to this subsection and, for each
such objective, at a minimum--
(A) consider the work of the integrated product
team conducted pursuant to paragraph (5); and
(B) identify the science and technology work of the
Air Force that should be undertaken to eliminate each
deficiency in enabling capabilities that is identified
by the integrated product team pursuant to subparagraph
(B) of that paragraph.
(e) Comptroller General Review.--(1) Not later than 90 days
after the Secretary of the Air Force completes the review
required by subsection (a), the Comptroller General shall
submit to Congress a report on the results of the review. The
report shall include the Comptroller General's assessment
regarding the extent to which the review was conducted in
compliance with the requirements of this section.
(2) Immediately upon completing the review required by
subsection (a), the Secretary of Defense shall notify the
Comptroller General of the completion of the review. For the
purposes of paragraph (1), the date of the notification shall
be considered the date of the completion of the review.

SEC. 253. ENHANCEMENT OF AUTHORITIES REGARDING EDUCATION PARTNERSHIPS
FOR PURPOSES OF ENCOURAGING SCIENTIFIC STUDY.

(a) Assistance in Support of Partnerships.--Subsection (b)
of section 2194 of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by
inserting ``, and is encouraged to provide,'' after
``may provide'';
(2) in paragraph (1), by inserting before the
semicolon the following: ``for any purpose and duration
in support of such agreement that the director
considers appropriate''; and
(3) by striking paragraph (2) and inserting the
following new paragraph (2):
``(2) notwithstanding the provisions of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) or any provision of law or
regulation relating to transfers of surplus property,
transferring to the institution any computer equipment,
or other scientific equipment, that is--
``(A) commonly used by educational
institutions;
``(B) surplus to the needs of the defense
laboratory; and
``(C) determined by the director to be
appropriate for support of such agreement;''.
(b) Defense Laboratory Defined.--Subsection (e) of that
section is amended to read as follows:
``(e) In this section:
``(1) The term `defense laboratory' means any
laboratory, product center, test center, depot,
training and educational organization, or operational
command under the jurisdiction of the Department of
Defense.
``(2) The term `local educational agency' has the
meaning given such term in section 14101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).''.

SEC. 254. RECOGNITION OF THOSE INDIVIDUALS INSTRUMENTAL TO NAVAL
RESEARCH EFFORTS DURING THE PERIOD FROM BEFORE
WORLD WAR II THROUGH THE END OF THE COLD WAR.

(a) Findings.--Congress makes the following findings:
(1) The contributions of the Nation's scientific
community and of science research to the victory of the
United States and its allies in World War II resulted
in the understanding that science and technology are of
critical importance to the future security of the
Nation.
(2) Academic institutions and oceanographers
provided vital support to the Navy and the Marine Corps
during World War II.
(3) Congress created the Office of Naval Research
in the Department of the Navy in 1946 to ensure the
availability of resources for research in oceanography
and other fields related to the missions of the Navy
and Marine Corps.
(4) The Office of Naval Research of the Department
of the Navy, in addition to its support of naval
research within the Federal Government, has also
supported the conduct of oceanographic and scientific
research through partnerships with educational and
scientific institutions throughout the Nation.
(5) These partnerships have long been recognized as
among the most innovative and productive research
partnerships ever established by the Federal Government
and have resulted in a vast improvement in
understanding of basic ocean processes and the
development of new technologies critical to the
security and defense of the Nation.
(b) Congressional Recognition and Appreciation.--Congress--
(1) applauds the commitment and dedication of the
officers, scientists, researchers, students, and
administrators who were instrumental to the program of
partnerships for oceanographic and scientific research
between the Federal Government and academic
institutions, including those individuals who helped
forge that program before World War II, implement it
during World War II, and improve it throughout the Cold
War;
(2) recognizes that the Nation, in ultimately
prevailing in the Cold War, relied to a significant
extent on research supported by, and technologies
developed through, those partnerships and, in
particular, on the superior understanding of the ocean
environment generated through that research;
(3) supports efforts by the Secretary of the Navy
and the Chief of Naval Research to honor those
individuals, who contributed so greatly and unselfishly
to the naval mission and the national defense, through
those partnerships during the period beginning before
World War II and continuing through the end of the Cold
War; and
(4) expresses appreciation for the ongoing efforts
of the Office of Naval Research to support
oceanographic and scientific research and the
development of researchers in those fields, to ensure
that such partnerships will continue to make important
contributions to the defense and the general welfare of
the Nation.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Subtitle B--Environmental Provisions

Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

Subtitle D--Department of Defense Industrial Facilities

Subtitle E--Performance of Functions by Private-Sector Sources

Sec. 351. Inclusion of additional information in reports to Congress
required before conversion of commercial or industrial type
functions to contractor performance.
Sec. 352. Effects of outsourcing on overhead costs of Centers of
Industrial and Technical Excellence and Army ammunition
plants.
Sec. 353. Consolidation, restructuring, or reengineering of Department
of Defense organizations, functions, or activities.
Sec. 354. Monitoring of savings resulting from workforce reductions as
part of conversion of functions to performance by private
sector or other strategic sourcing initiatives.
Sec. 355. Performance of emergency response functions at chemical
weapons storage installations.
Sec. 356. Suspension of reorganization or relocation of Naval Audit
Service.

Subtitle F--Defense Dependents Education

Subtitle G--Military Readiness Issues

Subtitle H--Other Matters

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $19,280,381,000.
(2) For the Navy, $23,766,610,000.
(3) For the Marine Corps, $2,826,291,000.
(4) For the Air Force, $22,395,221,000.
(5) For Defense-wide activities, $11,740,569,000.
(6) For the Army Reserve, $1,561,418,000.
(7) For the Naval Reserve, $978,946,000.
(8) For the Marine Corps Reserve, $144,159,000.
(9) For the Air Force Reserve, $1,903,859,000.
(10) For the Army National Guard, $3,233,835,000.
(11) For the Air National Guard, $3,468,375,000.
(12) For the Defense Inspector General,
$144,245,000.
(13) For the United States Court of Appeals for the
Armed Forces, $8,574,000.
(14) For Environmental Restoration, Army,
$389,932,000.
(15) For Environmental Restoration, Navy,
$294,038,000.
(16) For Environmental Restoration, Air Force,
$376,300,000.
(17) For Environmental Restoration, Defense-wide,
$21,412,000.
(18) For Environmental Restoration, Formerly Used
Defense Sites, $231,499,000.
(19) For Overseas Humanitarian, Disaster, and Civic
Aid programs, $55,900,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $869,000,000.
(21) For the Kaho'olawe Island Conveyance,
Remediation, and Environmental Restoration Trust Fund,
$25,000,000.
(22) For Defense Health Program, $11,480,123,000.
(23) For Cooperative Threat Reduction programs,
$443,400,000.
(24) For Overseas Contingency Operations Transfer
Fund, $4,100,577,000.
(25) For Quality of Life Enhancements, Defense-
Wide, $10,500,000.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds,
$916,276,000.
(2) For the National Defense Sealift Fund,
$388,158,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal
year 2001 from the Armed Forces Retirement Home Trust Fund the
sum of $69,832,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.

SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.

(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 2001 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the
same purposes and the same period as, the amounts in
the accounts to which transferred; and
(2) may not be expended for an item that has been
denied authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.

SEC. 305. JOINT WARFIGHTING CAPABILITIES ASSESSMENT TEAMS.

Of the total amount authorized to be appropriated under
section 301(5) for operation and maintenance for Defense-wide
activities for the Joint Staff, $4,000,000 is available only
for the improvement of the performance of analyses by the joint
warfighting capabilities assessment teams of the Joint
Requirements Oversight Council.

Subtitle B--Environmental Provisions

SEC. 311. ESTABLISHMENT OF ADDITIONAL ENVIRONMENTAL RESTORATION ACCOUNT
AND USE OF ACCOUNTS FOR OPERATION AND MONITORING OF
ENVIRONMENTAL REMEDIES.

(a) Account for Formerly Used Defense Sites.--Subsection
(a) of section 2703 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) An account to be known as the `Environmental
Restoration Account, Formerly Used Defense Sites'.''.
(b) Operation and Monitoring of Environmental Remedies.--
Such section is further amended by adding at the end the
following new subsection:
``(f) Sole Source of Funds for Operation and Monitoring of
Environmental Remedies.--(1) The sole source of funds for all
phases of an environmental remedy at a site under the
jurisdiction of the Department of Defense or a formerly used
defense site shall be the applicable environmental restoration
account established under subsection (a).
``(2) In this subsection, the term `environmental remedy'
has the meaning given the term `remedy' in section 101 of
CERCLA (42 U.S.C. 9601).''.

SEC. 312. CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES.

Subsection (b) of section 2703 of title 10, United States
Code, is amended to read as follows:
``(b) Obligation of Authorized Amounts.--(1) Funds
authorized for deposit in an account under subsection (a) may
be obligated or expended from the account only--
``(A) to carry out the environmental restoration
functions of the Secretary of Defense and the
Secretaries of the military departments under this
chapter and under any other provision of law; and
``(B) to pay for the costs of permanently
relocating a facility because of a release or
threatened release of hazardous substances, pollutants,
or contaminants from--
``(i) real property on which the facility
is located and that is currently under the
jurisdiction of the Secretary of Defense or the
Secretary of a military department; or
``(ii) real property on which the facility
is located and that was under the jurisdiction
of the Secretary of Defense or the Secretary of
a military department at the time of the
actions leading to the release or threatened
release.
``(2) The authority provided by paragraph (1)(B) expires
September 30, 2003. The Secretary of Defense or the Secretary
of a military department may not pay the costs of permanently
relocating a facility under such paragraph unless the
Secretary--
``(A) determines that permanent relocation--
``(i) is the most cost effective method of
responding to the release or threatened release
of hazardous substances, pollutants, or
contaminants from the real property on which
the facility is located;
``(ii) has the approval of relevant
regulatory agencies; and
``(iii) is supported by the affected
community; and
``(B) submits to Congress written notice of the
determination before undertaking the permanent
relocation of the facility, including a description of
the response action taken or to be taken in connection
with the permanent relocation and a statement of the
costs incurred or to be incurred in connection with the
permanent relocation.
``(3) If relocation costs are to be paid under paragraph
(1)(B) with respect to a facility located on real property
described in clause (ii) of such paragraph, the Secretary of
Defense or the Secretary of the military department concerned
may use only fund transfer mechanisms otherwise available to
the Secretary.
``(4) Funds authorized for deposit in an account under
subsection (a) shall remain available until expended. Not more
than 5 percent of the funds deposited in an account under
subsection (a) for a fiscal year may be used to pay relocation
costs under paragraph (1)(B).''.

SEC. 313. ANNUAL REPORTS UNDER STRATEGIC ENVIRONMENTAL RESEARCH AND
DEVELOPMENT PROGRAM.

(a) Repeal of Requirement for Annual Report From Scientific
Advisory Board.--Section 2904 of title 10, United States Code,
is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection
(h).
(b) Inclusion of Actions of Board in Annual Reports of
Council.--Section 2902(d)(3) of such title is amended by adding
at the end the following new subparagraph:
``(D) A summary of the actions of the
Strategic Environmental Research and
Development Program Scientific Advisory Board
during the year preceding the year in which the
report is submitted and any recommendations,
including recommendations on program direction
and legislation, that the Advisory Board
considers appropriate regarding the program.''.

SEC. 314. PAYMENT OF FINES AND PENALTIES FOR ENVIRONMENTAL COMPLIANCE
AT FORT WAINWRIGHT, ALASKA.

The Secretary of Defense, or the Secretary of the Army, may
pay, as part of a settlement of liability, a fine or penalty of
not more than $2,000,000 for matters addressed in the Notice of
Violation issued on March 5, 1999, by the Administrator of the
Environmental Protection Agency to Fort Wainwright, Alaska.

SEC. 315. PAYMENT OF FINES OR PENALTIES IMPOSED FOR ENVIRONMENTAL
COMPLIANCE VIOLATIONS AT OTHER DEPARTMENT OF
DEFENSE FACILITIES.

(a) Army Violations.--Using amounts authorized to be
appropriated by section 301(1) for operation and maintenance
for the Army, the Secretary of the Army may pay the following
amounts in connection with environmental compliance violations
at the following locations:
(1) $993,000 for a supplemental environmental
project to implement an installation-wide hazardous
substance management system at Walter Reed Army Medical
Center, Washington, District of Columbia, in
satisfaction of a fine imposed by Environmental
Protection Agency Region 3 under the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(2) $377,250 for a supplemental environmental
project to install new parts washers at Fort Campbell,
Kentucky, in satisfaction of a fine imposed by
Environmental Protection Agency Region 4 under the
Solid Waste Disposal Act.
(3) $20,701 for a supplemental environmental
project to upgrade the wastewater treatment plant at
Fort Gordon, Georgia, in satisfaction of a fine imposed
by the State of Georgia under the Solid Waste Disposal
Act.
(4) $78,500 for supplemental environmental projects
to reduce the generation of hazardous waste at Pueblo
Chemical Depot, Colorado, in satisfaction of a fine
imposed by the State of Colorado under the Solid Waste
Disposal Act.
(5) $20,000 for a supplemental environmental
project to repair cracks in floors of igloos used to
store munitions hazardous waste at Deseret Chemical
Depot, Utah, in satisfaction of a fine imposed by the
State of Utah under the Solid Waste Disposal Act.
(6) $7,975 for payment to the Texas Natural
Resource Conservation Commission of a cash penalty for
permit violations assessed with respect to Fort Sam
Houston, Texas, under the Solid Waste Disposal Act.
(b) Navy Violations.--Using amounts authorized to be
appropriated by section 301(2) for operation and maintenance
for the Navy, the Secretary of the Navy may pay the following
amounts in connection with environmental compliance violations
at the following locations:
(1) $108,800 for payment to the West Virginia
Division of Environmental Protection of a cash penalty
with respect to Allegany Ballistics Laboratory, West
Virginia, under the Solid Waste Disposal Act.
(2) $5,000 for payment to Environmental Protection
Agency Region 6 of a cash penalty with respect to Naval
Air Station, Corpus Christi, Texas, under the Clean Air
Act (42 U.S.C. 7401).
(3) $1,650 for payment to Environmental Protection
Agency Region 3 of a cash penalty with respect to
Marine Corps Combat Development Command, Quantico,
Virginia, under the Clean Air Act.

SEC. 316. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH THE FORMER
NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.

(a) Authority.--The Secretary of Defense may pay, using
funds described in subsection (b), not more than $98,210 to the
Former Nansemond Ordnance Depot Site Special Account within the
Hazardous Substance Superfund established by section 9507 of
the Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse
the Environmental Protection Agency for costs incurred by the
agency in overseeing a time critical removal action under
CERCLA being performed by the Department of Defense under the
Defense Environmental Restoration Program for ordnance and
explosive safety hazards at the Former Nansemond Ordnance Depot
Site, Suffolk, Virginia, pursuant to an Interagency Agreement
entered into by the Department of the Army and the
Environmental Protection Agency on January 3, 2000.
(b) Source of Funds.--Any payment under subsection (a)
shall be made using amounts authorized to be appropriated by
section 301 to the Environmental Restoration Account, Formerly
Used Defense Sites, established by paragraph (5) of section
2703(a) of title 10, United States Code, as added by section
311(a) of this Act.
(c) Definitions.--In this section:
(1) The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
(2) The term ``Defense Environmental Restoration
Program'' means the program of environmental
restoration carried out under chapter 160 of title 10,
United States Code.

SEC. 317. NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO PROTECT
NATIONAL SECURITY AND ENHANCE MILITARY READINESS.

Nothing in the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or the regulations implementing such
law shall require the Secretary of Defense or the Secretary ofa
military department to prepare a programmatic, nation-wide
environmental impact statement for low-level flight training as a
precondition to the use by the Armed Forces of an airspace for the
performance of low-level training flights.

SEC. 318. SHIP DISPOSAL PROJECT.

(a) Continuation of Project; Purpose.--During fiscal year
2001, the Secretary of the Navy shall continue to carry out the
ship disposal project within the United States to permit the
Secretary to assemble appropriate data on the cost of scrapping
naval vessels.
(b) Use of Competitive Procedures.--The Secretary shall use
competitive procedures to award all task orders under the
primary contracts under the ship disposal project.
(c) Report.--Not later than December 31, 2000, the
Secretary shall submit to the congressional defense committees
a report on the ship disposal project. The report shall contain
the following:
(1) A description of the competitive procedures
used for the solicitation and award of all task orders
under the project.
(2) A description of the task orders awarded under
the project.
(3) An assessment of the results of the project as
of the date of the report, including the performance of
contractors under the project.
(4) The proposed strategy of the Navy for future
procurement of ship scrapping activities.

SEC. 319. DEFENSE ENVIRONMENTAL SECURITY CORPORATE INFORMATION
MANAGEMENT PROGRAM.

(a) Management and Oversight of Program.--The Chief
Information Officer of the Department of Defense shall ensure
that management and oversight of the Defense Environmental
Security Corporate Information Management Program is consistent
with the requirements of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106), section 2223 of
title 10, United States Code, Department of Defense Directives
5000.1, 5000.2-R, and 5137.1, and all other laws, directives,
regulations, and management controls applicable to investment
in information technology and related services.
(b) Program Report Required.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the Defense Environmental Security Corporate Information
Management Program.
(c) Mission.--The report shall include a mission statement
and strategic objectives for the Defense Environmental Security
Corporate Information Management Program, including the
recommendations of the Secretary for the future mission and
objectives of the Program.
(d) Personnel, Organization, and Oversight.--The report
shall include--
(1) the personnel requirements and organizational
structure of the Defense Environmental Security
Corporate Information Management Program to carry out
the mission statement; and
(2) a discussion of--
(A) the means by which the Program will
ensure program accountability, including
accountability for all past, current, and
future activities funded under the Program; and
(B) the role of the Chief Information
Officer of the Department of Defense in
ensuring program accountability as required by
subsection (a).
(e) Program Activities.--The report shall include a
discussion of the means by which the Defense Environmental
Security Corporate Information Management Program will address
or provide--
(1) information access procedures that keep pace
with current and evolving requirements for information
access;
(2) data standardization and systems integration;
(3) product failures and cost-effective results;
(4) user confidence and utilization; and
(5) program continuity.

SEC. 320. REPORT ON PLASMA ENERGY PYROLYSIS SYSTEM.

(a) Report Required.--Not later than February 1, 2001, the
Secretary of the Army shall submit to the congressional defense
committees a report on the Plasma Energy Pyrolysis System.
(b) Report Elements.--The report on the Plasma Energy
Pyrolysis System shall include the following:
(1) An analysis of available information and data
on the fixed-transportable unit demonstration phase of
the System and on the mobile unit demonstration phase
of the System.
(2) Recommendations regarding future applications
for each phase of the System described in paragraph
(1).
(3) A statement of the projected funding for such
future applications.

SEC. 321. SENSE OF CONGRESS REGARDING ENVIRONMENTAL RESTORATION OF
FORMER DEFENSE MANUFACTURING SITE, SANTA CLARITA,
CALIFORNIA.

It is the sense of the Congress that--
(1) there exists a 1,000-acre former defense
manufacturing site in Santa Clarita, California (known
as the ``Santa Clarita site''), that could be
environmentally restored to serve a future role in the
community, and every effort should be made to apply all
known public and private sector innovative technologies
to restore the Santa Clarita site to productive use for
the benefit of the community; and
(2) the experience gained from environmental
restoration at the Santa Clarita site by private and
public sector partnerships has the potential to benefit
not only the community of Santa Clarita, but all sites
in need of environmental restoration.

Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

SEC. 331. USE OF APPROPRIATED FUNDS TO COVER OPERATING EXPENSES OF
COMMISSARY STORES.

(a) In General.--(1) Section 2484 of title 10, United
States Code, is amended to read as follows:

``Sec. 2484. Commissary stores: use of appropriated funds to cover
operating expenses

``(a) Operation of Agency and System.--Except as otherwise
provided in this title, the operation of the Defense Commissary
Agency and the defense commissary system may be funded using
such amounts as are appropriated for such purpose.
``(b) Operating Expenses of Commissary Stores.--
Appropriated funds may be used to cover the expenses of
operating commissary stores and central product processing
facilities of the defense commissary system. For purposes of
this subsection, operating expenses include the following:
``(1) Salaries and wages of employees of the United
States, host nations, and contractors supporting
commissary store operations.
``(2) Utilities.
``(3) Communications.
``(4) Operating supplies and services.
``(5) Second destination transportation costs
within or outside the United States.
``(6) Any cost associated with above-store-level
management or other indirect support of a commissary
store or a central product processing facility,
including equipment maintenance and information
technology costs.''.
(2) The table of sections at the beginning of chapter 147
of such title is amended by striking the item relating to
section 2484 and inserting the following new item:

``2484. Commissary stores: use of appropriated funds to cover operating
expenses.''.

(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001.

SEC. 332. ADJUSTMENT OF SALES PRICES OF COMMISSARY STORE GOODS AND
SERVICES TO COVER CERTAIN EXPENSES.

(a) Adjustment Required.--Section 2486 of title 10, United
States Code, is amended--
(1) in subsection (c), by striking ``section
2484(b) or'' and inserting ``subsection (d) or
section''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking
``sections 2484 and'' and inserting
``section''; and
(B) by adding at the end the following new
paragraph:
``(3) The sales price of merchandise and services sold in,
at, or by commissary stores shall be adjusted to cover the
following:
``(A) The cost of first destination commercial
transportation of the merchandise in the United States
to the place of sale.
``(B) The actual or estimated cost of shrinkage,
spoilage, and pilferage of merchandise under the
control of commissary stores.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001.

SEC. 333. USE OF SURCHARGES FOR CONSTRUCTION AND IMPROVEMENT OF
COMMISSARY STORES.

(a) Expansion of Authorized Uses.--Subsection (b) of
section 2685 of title 10, United States Code, is amended to
read as follows:
``(b) Use for Construction, Repair, Improvement, and
Maintenance.--(1) The Secretary of Defense may use the proceeds
from the adjustments or surcharges authorized by subsection (a)
only--
``(A) to acquire (including acquisition by lease),
construct, convert, expand, improve, repair, maintain,
and equip the physical infrastructure of commissary
stores and central product processing facilities of the
defense commissary system; and
``(B) to cover environmental evaluation and
construction costs related to activities described in
paragraph (1), including costs for surveys,
administration, overhead, planning, and design.
``(2) In paragraph (1), the term `physical infrastructure'
includes real property, utilities, and equipment (installed and
free standing and including computer equipment), necessary to
provide a complete and usable commissary store or central
product processing facility.''.
(b) Authority of Secretary of Defense.--Such section is
further amended--
(1) in subsection (a), by striking ``Secretary of a
military department, under regulations established by
him and approved by the Secretary of Defense,'' and
inserting ``Secretary of Defense'';
(2) in subsection (c)--
(A) by striking ``Secretary of a military
department, with the approval of the Secretary
of Defense and'' and inserting ``Secretary of
Defense, with the approval of''; and
(B) by striking ``Secretary of the military
department determines'' and inserting
``Secretary determines''; and
(3) in subsection (d)(1), by striking ``Secretary
of a military department'' and inserting ``Secretary of
Defense''.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001.

SEC. 334. INCLUSION OF MAGAZINES AND OTHER PERIODICALS AS AN AUTHORIZED
COMMISSARY MERCHANDISE CATEGORY.

(a) Additional Authorized Category.--Subsection (b) of
section 2486 of title 10, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph
(12); and
(2) by inserting after paragraph (10) the following
new paragraph:
``(11) Magazines and other periodicals.''.
(b) Conforming Amendments.--Subsection (f) of such section
is amended--
(1) by striking ``(1)'' before ``Notwithstanding'';
(2) by striking ``items in the merchandise
categories specified in paragraph (2)'' and inserting
``tobacco products''; and
(3) by striking paragraph (2).

SEC. 335. USE OF MOST ECONOMICAL DISTRIBUTION METHOD FOR DISTILLED
SPIRITS.

Section 2488(c) of title 10, United States Code, is
amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph
(2).

SEC. 336. REPORT ON EFFECTS OF AVAILABILITY OF SLOT MACHINES ON UNITED
STATES MILITARY INSTALLATIONS OVERSEAS.

(a) Report Required.--Not later than March 31, 2001, the
Secretary of Defense shall submit to Congress a report
evaluating the effect that the ready availability of slot
machines as a morale, welfare, and recreation activity on
United States military installations outside of the United
States has on members of the Armed Forces, their dependents,
and other persons who use such slot machines, the morale of
military communities overseas, and the personal financial
stability of members of the Armed Forces.
(b) Matters To Be Included.--The Secretary shall include in
the report--
(1) an estimate of the number of persons who used
such slot machines during the preceding two years and,
of such persons, the percentage who were enlisted
members (shown both in the aggregate and by pay grade),
officers (shown both in the aggregate and by pay
grade), Department of Defense civilians, other United
States persons, and foreign nationals;
(2) to the extent feasible, information with
respect to military personnel referred to in paragraph
(1) showing the number (as a percentage and by pay
grade) who have--
(A) sought financial services counseling at
least partially due to the use of such slot
machines;
(B) qualified for Government financial
assistance at least partially due to the use of
such slot machines; or
(C) had a personal check returned for
insufficient funds or received any other
nonpayment notification from a creditor at
least partially due to the use of such slot
machines; and
(3) to the extent feasible, information with
respect to the average amount expended by each category
of persons referred to in paragraph (1) in using such
slot machines per visit, to be shown by pay grade in
the case of military personnel.

Subtitle D--Department of Defense Industrial Facilities

SEC. 341. DESIGNATION OF CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE
AND PUBLIC-PRIVATE PARTNERSHIPS TO INCREASE
UTILIZATION OF SUCH CENTERS.

(a) Designation Method.--Subsection (a) of section 2474 of
title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary of
Defense'' and inserting ``The Secretary
concerned, or the Secretary of Defense in the
case of a Defense Agency,''; and
(B) by striking ``of the activity'' and
inserting ``of the designee'';
(2) in paragraph (2)--
(A) by inserting ``of Defense'' after ``The
Secretary''; and
(B) by striking ``depot-level activities''
and inserting ``Centers of Industrial and
Technical Excellence''; and
(3) in paragraph (3)--
(A) by striking ``depot-level operations''
and inserting ``operations at Centers of
Industrial and Technical Excellence'';
(B) by striking ``depot-level activities''
and inserting ``the Centers''; and
(C) by striking ``such activities'' and
inserting ``the Centers''.
(b) Public-Private Partnerships.--Subsection (b) of such
section is amended to read as follows:
``(b) Public-Private Partnerships.--(1) To achieve one or
more objectives set forth in paragraph (2), the Secretary
designating a Center of Industrial and Technical Excellence
under subsection (a) may authorize and encourage the head of
the Center to enter into public-private cooperative
arrangements (in this section referred to as a `public-private
partnership') to provide for any of the following:
``(A) For employees of the Center, private
industry, or other entities outside the Department of
Defense to perform (under contract, subcontract, or
otherwise) work related to the core competencies of the
Center, including any depot-level maintenance and
repair work that involves one or more core competencies
of the Center.
``(B) For private industry or other entities
outside the Department of Defense to use, for any
period of time determined to be consistent with the
needs of the Department of Defense, any facilities or
equipment of the Center that are not fully utilized for
a military department's own production or maintenance
requirements.
``(2) The objectives for exercising the authority provided
in paragraph (1) are as follows:
``(A) To maximize the utilization of the capacity
of a Center of Industrial and Technical Excellence.
``(B) To reduce or eliminate the cost of ownership
of a Center by the Department of Defense in such areas
of responsibility as operations and maintenance and
environmental remediation.
``(C) To reduce the cost of products of the
Department of Defense produced or maintained at a
Center.
``(D) To leverage private sector investment in--
``(i) such efforts as plant and equipment
recapitalization for a Center; and
``(ii) the promotion of the undertaking of
commercial business ventures at a Center.
``(E) To foster cooperation between the armed
forces and private industry.
``(3) If the Secretary concerned, or the Secretary of
Defense in the case of a Defense Agency, authorizes the use of
public-private partnerships under this subsection, the
Secretary shall submit to Congress a report evaluating the need
for loan guarantee authority, similar to the ARMS Initiative
loan guarantee program under section 4555 of this title, to
facilitate the establishment of public-private partnerships and
the achievement of the objectives set forth in paragraph
(2).''.
(c) Private Sector Use of Excess Capacity.--Such section is
further amended--
(1) by striking subsection (d);
(2) by redesignating subsection (c) as subsection
(d); and
(3) by inserting after subsection (b) the following
new subsection (c):
``(c) Private Sector Use of Excess Capacity.--Any
facilities or equipment of a Center of Industrial and Technical
Excellence made available to private industry may be used to
perform maintenance or to produce goods in order to make more
efficient and economical use of Government-owned industrial
plants and encourage the creation and preservation of jobs to
ensure the availability of a workforce with the necessary
manufacturing and maintenance skills to meet the needs of the
armed forces.''.
(d) Crediting of Amounts for Performance.--Subsection (d)
of such section, as redesignated by subsection (c)(2), is
amended by adding at the end the following new sentences:
``Consideration in the form of rental payments or
(notwithstanding section 3302(b) of title 31) in other forms
may be accepted for a use of property accountable under a
contract performed pursuant to this section. Notwithstanding
section 2667(d) of this title, revenues generated pursuant to
this section shall be available for facility operations,
maintenance, and environmental restoration at the Center where
the leased property is located.''.
(e) Availability of Excess Equipment to Private-Sector
Partners.--Such section is further amended by adding at the end
the following new subsections:
``(e) Availability of Excess Equipment to Private-Sector
Partners.--Equipment or facilities of a Center of Industrial
and Technical Excellence may be made available for use by a
private-sector entity under this section only if--
``(1) the use of the equipment or facilities will
not have a significant adverse effect on the readiness
of the armed forces, as determined by the Secretary
concerned or, in the case of a Center in a Defense
Agency, by the Secretary of Defense; and
``(2) the private-sector entity agrees--
``(A) to reimburse the Department of
Defense for the direct and indirect costs
(including any rental costs) that are
attributable to the entity's use of the
equipment or facilities, as determined by that
Secretary; and
``(B) to hold harmless and indemnify the
United States from--
``(i) any claim for damages or
injury to any person or property
arising out of the use of the equipment
or facilities, except in a case of
willful conduct or gross negligence;
and
``(ii) any liability or claim for
damages or injury to any person or
property arising out of a decision by
the Secretary concerned or the
Secretary of Defense to suspend or
terminate that use of equipment or
facilities during a war or national
emergency.
``(f) Construction of Provision.--Nothing in this section
may be construed to authorize a change, otherwise prohibited by
law, from the performance of work at a Center of Industrial and
Technical Excellence by Department of Defense personnel to
performance by a contractor.''.
(f) Use of Working Capital-Funded Facilities.--Section
2208(j)(1) of title 10, United States Code, is amended--
(1) by striking ``contract; and'' at the end of
subparagraph (A) and all that follows through ``(B) the
solicitation'' and inserting ``contract, and the
solicitation'';
(2) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following new
subparagraph:
``(B) the Secretary would advance the objectives
set forth in section 2474(b)(2) of this title by
authorizing the facility to do so.''.
(g) Repeal of General Authority To Lease Excess Depot-Level
Equipment and Facilities to Outside Tenants.--(1) Section 2471
of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 146
of such title is amended by striking the item relating to
section 2471.

SEC. 342. UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS OF UNITED
STATES ARSENALS.

(a) Treatment of Unutilized and Underutilized Plant-
Capacity Costs.--Chapter 433 of title 10, United States Code,
is amended by inserting after section 4540 the following new
section:

``Sec. 4541. Army arsenals: treatment of unutilized or underutilized
plant-capacity costs

``(a) Estimate of Costs.--The Secretary of the Army shall
include in the budget justification documents submitted to
Congress in support of the President's budget for a fiscal year
submitted under section 1105 of title 31 an estimate of the
funds to be required in that fiscal year to cover unutilized
and underutilized plant-capacity costs at Army arsenals.
``(b) Use of Funds.--Funds appropriated to the Secretary of
the Army for a fiscal year to cover unutilized and
underutilized plant-capacity costs at Army arsenals shall be
used in such fiscal year only for such costs.
``(c) Treatment of Costs.--(1) The Secretary of the Army
shall not include unutilized and underutilized plant-capacity
costs when evaluating the bid of an Army arsenal for purposes
of the arsenal's contracting to provide a good or service to a
Government agency.
``(2) When an Army arsenal is serving as a subcontractor to
a private-sector entity with respect to a good or service to be
provided to a Government agency, the cost charged by the
arsenal shall not include unutilized and underutilized plant-
capacity costs that are funded by a direct appropriation.
``(d) Definitions.--In this section:
``(1) The term `Army arsenal' means a Government-
owned, Government-operated defense plant of the
Department of the Army that manufactures weapons,
weapon components, or both.
``(2) The term `unutilized and underutilized plant-
capacity costs' means the costs associated with
operating and maintaining the facilities and equipment
of an Army arsenal that the Secretary of the Army
determines are required to be kept for mobilization
needs, in those months in which the facilities and
equipment are not used or are used only 20 percent or
less of available work days.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4540 the following new item:

``4541. Army arsenals: treatment of unutilized or underutilized plant-
capacity costs.''.

SEC. 343. ARSENAL SUPPORT PROGRAM INITIATIVE.

(a) Demonstration Program Required.--To help maintain the
viability of the Army manufacturing arsenals and the unique
capabilities of these arsenals to support the national security
interests of the United States, the Secretary of the Army shall
carry out a demonstration program under this section during
fiscal years 2001 and 2002 at each manufacturing arsenal of the
Department of the Army.
(b) Purposes of Demonstration Program.--The purposes of the
demonstration program are as follows:
(1) To provide for the utilization of the existing
skilled workforce at the Army manufacturing arsenals by
commercial firms.
(2) To provide for the reemployment and retraining
of skilled workers who, as a result of declining
workload and reduced Army spending on arsenal
production requirements at these Army arsenals, are
idled or underemployed.
(3) To encourage commercial firms, to the maximum
extent practicable, to use these Army arsenals for
commercial purposes.
(4) To increase the opportunities for small
businesses (including socially and economically
disadvantaged small business concerns and new small
businesses) to use these Army arsenals for those
purposes.
(5) To maintain in the United States a work force
having the skills in manufacturing processes that are
necessary to meet industrial emergency planned
requirements for national security purposes.
(6) To demonstrate innovative business practices,
to support Department of Defense acquisition reform,
and to serve as both a model and a laboratory for
future defense conversion initiatives of the Department
of Defense.
(7) To the maximum extent practicable, to allow the
operation of these Army arsenals to be rapidly
responsive to the forces of free market competition.
(8) To reduce or eliminate the cost of Government
ownership of these Army arsenals, including the costs
of operations and maintenance, the costs of
environmental remediation, and other costs.
(9) To reduce the cost of products of the
Department of Defense produced at these Army arsenals.
(10) To leverage private investment at these Army
arsenals through long-term facility use contracts,
property management contracts, leases, or other
agreements that support and advance the demonstration
program for the following activities:
(A) Recapitalization of plant and
equipment.
(B) Environmental remediation.
(C) Promotion of commercial business
ventures.
(D) Other activities approved by the
Secretary of the Army.
(11) To foster cooperation between the Department
of the Army, property managers, commercial interests,
and State and local agencies in the implementation of
sustainable development strategies and investment in
these Army arsenals.
(c) Contract Authority.--(1) In the case of each Army
manufacturing arsenal, the Secretary of the Army may enter into
contracts with commercial firms to authorize the contractors,
consistent with section 4543 of title 10, United States Code--
(A) to use the arsenal, or a portion of the
arsenal, and the skilled workforce at the arsenal to
manufacture weapons, weapon components, or related
products consistent with the purposes of the program;
and
(B) to enter into subcontracts for the commercial
use of the arsenal consistent with such purposes.
(2) A contract under paragraph (1) shall require the
contractor to contribute toward the operation and maintenance
of the Army manufacturing arsenal covered by the contract.
(3) In the event an Army manufacturing arsenal is converted
to contractor operation, the Secretary may enter into a
contract with the contractor to authorize the contractor,
consistent with section 4543 of title 10, United States Code--
(A) to use the facility during the period of the
program in a manner consistent with the purposes of the
program; and
(B) to enter into subcontracts for the commercial
use of the facility consistent with such purposes.
(d) Loan Guarantees.--(1) Subject to paragraph (2), the
Secretary of the Army may guarantee the repayment of any loan
made to a commercial firm to fund, in whole or in part, the
establishment of a commercial activity at an Army manufacturing
arsenal under this section.
(2) Loan guarantees under this subsection may not be
committed except to the extent that appropriations of budget
authority to cover their costs are made in advance, as required
by section 504 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c).
(3) The Secretary of the Army may enter into agreements
with the Administrator of the Small Business Administration or
the Administrator of the Farmers Home Administration, the
Administrator of the Rural Development Administration, or the
head of other appropriate agencies of the Department of
Agriculture, under which such Administrators may, under this
subsection--
(A) process applications for loan guarantees;
(B) guarantee repayment of loans; and
(C) provide any other services to the Secretary of
the Army to administer this subsection.
(4) An Administrator referred to in paragraph (3) may
guarantee loans under this section to commercial firms of any
size, notwithstanding any limitations on the size of applicants
imposed on other loan guarantee programs that the Administrator
administers. To the extent practicable, each Administrator
shall use the same procedures for processing loan guarantee
applications under this subsection as the Administrator uses
for processing loan guarantee applications under other loan
guarantee programs that the Administrator administers.
(e) Loan Limits.--The maximum amount of loan principal
guaranteed during a fiscal year under subsection (d) may not
exceed--
(1) $20,000,000, with respect to any single
borrower; and
(2) $320,000,000 with respect to all borrowers.
(f) Transfer of Funds.--The Secretary of the Army may
transfer to an Administrator providing services under
subsection (d), and the Administrator may accept, such funds as
may be necessary to administer loan guarantees under such
subsection.
(g) Reporting Requirements.--(1) Not later than July 1 of
each year in which a guarantee issued under subsection (d) is
in effect, the Secretary of the Army shall submit to Congress a
report specifying the amounts of loans guaranteed under such
subsection during the preceding calendar year. No report is
required after fiscal year 2002.
(2) Not later than July 1, 2001, the Secretary of the Army
shall submit to the congressional defense committees a report
on the implementation of the demonstration program. The report
shall contain a comprehensive review of contracting at the Army
manufacturing arsenals covered by the program and such
recommendations as the Secretary considers appropriate
regarding changes to the program.

SEC. 344. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOLING AND
MANUFACTURING SUPPORT PROGRAMS.

(a) In General.--(1) Part IV of subtitle B of title 10,
United States Code, is amended by inserting after chapter 433
the following new chapter:

``CHAPTER 434--ARMAMENTS INDUSTRIAL BASE

``Sec.
``4551. Definitions.
``4552. Policy.
``4553. Armament Retooling and Manufacturing Support Initiative.
``4554. Property management contracts and leases.
``4555. ARMS Initiative loan guarantee program.

``Sec. 4551. Definitions

``In this chapter:
``(1) The term `ARMS Initiative' means the Armament
Retooling and Manufacturing Support Initiative
authorized by this chapter.
``(2) The term `eligible facility' means a
Government-owned, contractor-operated ammunition
manufacturing facility of the Department of the Army
that is in an active, inactive, layaway, or caretaker
status.
``(3) The term `property manager' includes any
person or entity managing an eligible facility made
available under the ARMS Initiative through a property
management contract.
``(4) The term `property management contract'
includes facility use contracts, site management
contracts, leases, and other agreements entered into
under the authority of this chapter.
``(5) The term `Secretary' means the Secretary of
the Army.

``Sec. 4552. Policy

``It is the policy of the United States--
``(1) to encourage, to the maximum extent
practicable, commercial firms to use Government-owned,
contractor-operated ammunition manufacturing facilities
of the Department of the Army;
``(2) to use such facilities for supporting
programs, projects, policies, and initiatives that
promote competition in the private sector of the United
States economy and that advance United States interests
in the global marketplace;
``(3) to increase the manufacture of products
inside the United States;
``(4) to support policies and programs that provide
manufacturers with incentives to assist the United
States in making more efficient and economical use of
eligible facilities for commercial purposes;
``(5) to provide, as appropriate, small businesses
(including socially and economically disadvantaged
small business concerns and new small businesses) with
incentives that encourage those businesses to undertake
manufacturing and other industrial processing
activities that contribute to the prosperity of the
United States;
``(6) to encourage the creation of jobs through
increased investment in the private sector of the
United States economy;
``(7) to foster a more efficient, cost-effective,
and adaptable armaments industry in the United States;
``(8) to achieve, with respect to armaments
manufacturing capacity, an optimum level of readiness
of the national technology and industrial base within
the United States that is consistent with the projected
threats to the national security of the United States
and the projected emergency requirements of the armed
forces; and
``(9) to encourage facility use contracting where
feasible.

``Sec. 4553. Armament Retooling and Manufacturing Support Initiative

``(a) Authority for Initiative.--The Secretary may carry
out a program to be known as the `Armament Retooling and
Manufacturing Support Initiative'.
``(b) Purposes.--The purposes of the ARMS Initiative are as
follows:
``(1) To encourage commercial firms, to the maximum
extent practicable, to use eligible facilities for
commercial purposes.
``(2) To increase the opportunities for small
businesses (including socially and economically
disadvantaged small business concerns and new small
businesses) to use eligible facilities for those
purposes.
``(3) To maintain in the United States a work force
having the skills in manufacturing processes that are
necessary to meet industrial emergency planned
requirements for national security purposes.
``(4) To demonstrate innovative business practices,
to support Department of Defense acquisition reform,
and to serve as both a model and a laboratory for
future defense conversion initiatives of the Department
of Defense.
``(5) To the maximum extent practicable, to allow
the operation of eligible facilities to be rapidly
responsive to the forces of free market competition.
``(6) To reduce or eliminate the cost of Government
ownership of eligible facilities, including the costs
of operations and maintenance, the costs of
environmental remediation, and other costs.
``(7) To reduce the cost of products of the
Department of Defense produced at eligible facilities.
``(8) To leverage private investment at eligible
facilities through long-term facility use contracts,
property management contracts, leases, or other
agreements that support and advance the policies and
purposes of this chapter, for the following activities:
``(A) Recapitalization of plant and
equipment.
``(B) Environmental remediation.
``(C) Promotion of commercial business
ventures.
``(D) Other activities approved by the
Secretary.
``(9) To foster cooperation between the Department
of the Army, property managers, commercial interests,
and State and local agencies in the implementation of
sustainable development strategies and investment in
eligible facilities made available for purposes of the
ARMS Initiative.
``(10) To reduce or eliminate the cost of asset
disposal that would be incurred if property at an
eligible facility was declared excess to the needs of
the Department of the Army.
``(c) Availability of Facilities.--The Secretary may make
any eligible facility available for the purposes of the ARMS
Initiative.
``(d) Consideration for Leases.--Section 321 of the Act of
June 30, 1932 (40 U.S.C. 303b), shall not apply to uses of
property or facilities in accordance with the ARMS Initiative.
``(e) Program Support.--(1) Funds appropriated for purposes
of the ARMS Initiative may be used for administrative support
and management.
``(2) A full annual accounting of such expenses for each
fiscal year shall be provided to the Committee on Armed
Services and the Committee on Appropriations of the Senate and
the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives not later than
March 30 of the following fiscal year.

``Sec. 4554. Property management contracts and leases

``(a) In General.--In the case of each eligible facility
that is made available for the ARMS Initiative, the Secretary--
``(1) shall make full use of facility use
contracts, leases, and other such commercial
contractual instruments as may be appropriate;
``(2) shall evaluate, on the basis of efficiency,
cost, emergency mobilization requirements, and the
goals and purposes of the ARMS Initiative, the
procurement of services from the property manager,
including maintenance, operation, modification,
infrastructure, environmental restoration and
remediation, and disposal of ammunition manufacturing
assets, and other services; and
``(3) may, in carrying out paragraphs (1) and (2)--
``(A) enter into contracts, and provide for
subcontracts, for terms up to 25 years, as the
Secretary considers appropriate and consistent
with the needs of the Department of the Army
and the goals and purposes of the ARMS
Initiative; and
``(B) use procedures that are authorized to
be used under section 2304(c)(5) of this title
when the contractor or subcontractor is a
source specified in law.
``(b) Consideration for Use.--(1) To the extent provided in
a contract entered into under this section for the use of
property at an eligible facility that is accountable under the
contract, the Secretary may accept consideration for such use
that is, in whole or in part, in a form other than--
``(A) rental payments; or
``(B) revenue generated at the facility.
``(2) Forms of consideration acceptable under paragraph (1)
for a use of an eligible facility or any property at an
eligible facility include the following:
``(A) The improvement, maintenance, protection,
repair, and restoration of the facility, the property,
or any property within the boundaries of the
installation where the facility is located.
``(B) Reductions in overhead costs.
``(C) Reductions in product cost.
``(3) The authority under paragraph (1) may be exercised
without regard to section 3302(b) of title 31 and any other
provision of law.

``Sec. 4555. ARMS Initiative loan guarantee program

``(a) Program Authorized.--Subject to subsection (b), the
Secretary may carry out a loan guarantee program to encourage
commercial firms to use eligible facilities under this chapter.
Under any such program, the Secretary may guarantee the
repayment of any loan made to a commercial firm to fund, in
whole or in part, the establishment of a commercial activity to
use an eligible facility under this chapter.
``(b) Advanced Budget Authority.--Loan guarantees under
this section may not be committed except to the extent that
appropriations of budget authority to cover their costs are
made in advance, as required by section 504 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661c).
``(c) Program Administration.--(1) The Secretary may enter
into an agreement with any of the officials named in paragraph
(2) under which that official may, for the purposes of this
section--
``(A) process applications for loan guarantees;
``(B) guarantee repayment of loans; and
``(C) provide any other services to the Secretary
to administer the loan guarantee program.
``(2) The officials referred to in paragraph (1) are as
follows:
``(A) The Administrator of the Small Business
Administration.
``(B) The head of any appropriate agency in the
Department of Agriculture, including--
``(i) the Administrator of the Farmers Home
Administration; and
``(ii) the Administrator of the Rural
Development Administration.
``(3) Each official authorized to do so under an agreement
entered into under paragraph (1) may guarantee loans under this
section to commercial firms of any size, notwithstanding any
limitations on the size of applicants imposed on other loan
guarantee programs that the official administers.
``(4) To the extent practicable, each official processing
loan guarantee applications under this section pursuant to an
agreement entered into under paragraph (1) shall use the same
processing procedures as the official uses for processing loan
guarantee applications under other loan guarantee programs that
the official administers.
``(d) Loan Limits.--The maximum amount of loan principal
guaranteed during a fiscal year under this section may not
exceed--
``(1) $20,000,000, with respect to any single
borrower; and
``(2) $320,000,000 with respect to all borrowers.
``(e) Transfer of Funds.--The Secretary may transfer to an
official providing services under subsection (c), and that
official may accept, such funds as may be necessary to
administer the loan guarantee program under this section.''.
(2) The tables of chapters at the beginning of subtitle B
of such title and at the beginning of part IV of such subtitle
are amended by inserting after the item relating to chapter 433
the following new item:

``434. Armaments Industrial Base.................................4551''.

(b) Implementation Report.--Not later than July 1, 2001,
the Secretary of Defense shall submit to the congressional
defense committees a report on the procedures and controls
implemented to carry out section 4554 of title 10, United
States Code, as added by subsection (a).
(c) Relationship to National Defense Technology and
Industrial Base.--(1) Subchapter IV of chapter 148 of title 10,
United States Code, is amended--
(A) by redesignating section 2525 as section 2521;
and
(B) by adding at the end the following new section:

``Sec. 2522. Armament retooling and manufacturing

``The Secretary of the Army is authorized by chapter 434 of
this title to carry out programs for the support of armaments
retooling and manufacturing in the national defense industrial
and technology base.''.
(2) The table of sections at the beginning of such
subchapter is amended by striking the item relating to section
2525 and inserting the following new items:

``2521. Manufacturing Technology Program.
``2522. Armament retooling and manufacturing.''.

(d) Repeal of Superseded Law.--The Armament Retooling and
Manufacturing Support Act of 1992 (subtitle H of title I of
Public Law 102-484; 10 U.S.C. 2501 note) is repealed.

Subtitle E--Performance of Functions by Private-Sector Sources

SEC. 351. INCLUSION OF ADDITIONAL INFORMATION IN REPORTS TO CONGRESS
REQUIRED BEFORE CONVERSION OF COMMERCIAL OR
INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR
PERFORMANCE.

(a) Information Required Before Commencement of Conversion
Analysis.--Subsection (b)(1)(D) of section 2461 of title 10,
United States Code, is amended by inserting before the period
the following: ``, and a specific identification of the
budgetary line item from which funds will be used to cover the
cost of the analysis''.
(b) Information Required in Notification of Decision.--
Subsection (c)(1) of such section is amended--
(1) by redesignating subparagraphs (A), (B), (C),
(D), and (E) as subparagraphs (B), (C), (F), (H), and
(I), respectively;
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) The date when the analysis of that commercial
or industrial type function for possible change to
performance by the private sector was commenced.'';
(3) by inserting after subparagraph (C), as so
redesignated, the following new subparagraphs:
``(D) The number of Department of Defense civilian
employees who were performing the function when the
analysis was commenced, the number of such employees
whose employment was terminated or otherwise affected
in implementing the most efficient organization of the
function, and the number of such employees whose
employment would be terminated or otherwise affected by
changing to performance of the function by the private
sector.
``(E) The Secretary's certification that the
factors considered in the examinations performed under
subsection (b)(3), and in the making of the decision to
change performance, did not include any predetermined
personnel constraint or limitation in terms of man
years, end strength, full-time equivalent positions, or
maximum number of employees.''; and
(4) by inserting after subparagraph (F), as so
redesignated, the following new subparagraph:
``(G) A statement of the potential economic effect
of the change on each affected local community, as
determined in the examination under subsection
(b)(3)(B)(ii).''.

SEC. 352. EFFECTS OF OUTSOURCING ON OVERHEAD COSTS OF CENTERS OF
INDUSTRIAL AND TECHNICAL EXCELLENCE AND ARMY
AMMUNITION PLANTS.

Section 2461(c) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph
(3); and
(2) by inserting after paragraph (1) the following
new paragraph:
``(2) If the commercial or industrial type function to be
changed to performance by the private sector is performed at a
Center of Industrial and Technical Excellence designated under
section 2474(a) of this title or an Army ammunition plant--
``(A) the report required by this subsection shall
also include a description of the effect that the
performance and administration of the resulting
contract will have on the overhead costs of the center
or ammunition plant, as the case may be; and
``(B) notwithstanding paragraph (3), the change of
the function to contractor performance may not begin
until at least 60 days after the submission of the
report.''.

SEC. 353. CONSOLIDATION, RESTRUCTURING, OR REENGINEERING OF DEPARTMENT
OF DEFENSE ORGANIZATIONS, FUNCTIONS, OR ACTIVITIES.

(a) In General.--Chapter 146 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2475. Consolidation, restructuring, or reengineering of
organizations, functions, or activities:
notification requirements

``(a) Requirement To Submit Plan Annually.--Concurrently
with the submission of the President's annual budget request
under section 1105 of title 31, the Secretary of Defense shall
submit to Congress each Strategic Sourcing Plan of Action for
the Department of Defense (as identified in the Department of
Defense Interim Guidance dated February 29, 2000, or any
successor Department of Defense guidance or directive), for the
following year.
``(b) Notification of Decision To Execute Plan.--If a
decision is made to consolidate, restructure, or reengineer an
organization, function, or activity of the Department of
Defense pursuant to a Strategic Sourcing Plan of Action
described in subsection (a), and such consolidation,
restructuring, or reengineering would result in a manpower
reduction affecting 50 or more personnel of the Department of
Defense (including military and civilian personnel)--
``(1) the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report describing that
decision, including--
``(A) a projection of the savings that will
be realized as a result of the consolidation,
restructuring, or reengineering, compared with
the cost incurred by the Department of Defense
to perform the function or to operate the
organization or activity prior to such proposed
consolidation, restructuring, or reengineering;
``(B) a description of all missions,
duties, or military requirements that will be
affected as a result of the decision to
consolidate, restructure, or reengineer the
organization, function, or activity that was
analyzed;
``(C) the Secretary's certification that
the consolidation, restructuring, or
reengineering will not result in any diminution
of military readiness;
``(D) a schedule for performing the
consolidation, restructuring, or reengineering;
and
``(E) the Secretary's certification that
the entire analysis for the consolidation,
restructuring, or reengineering is available
for examination; and
``(2) the head of the Defense Agency or the
Secretary of the military department concerned may not
implement the plan until 30 days after the date that
the agency head or Secretary submits notification to
the Committees on Armed Services of the Senate and
House of Representatives of the intent to carry out
such plan.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2475. Consolidation, restructuring, or reengineering of organizations,
functions, or activities: notification requirements.''.

SEC. 354. MONITORING OF SAVINGS RESULTING FROM WORKFORCE REDUCTIONS AS
PART OF CONVERSION OF FUNCTIONS TO PERFORMANCE BY
PRIVATE SECTOR OR OTHER STRATEGIC SOURCING
INITIATIVES.

(a) Requirement for a Monitoring System.--Chapter 146 of
title 10, United States Code, is amended by inserting after
section 2461 the following new section:

``Sec. 2461a. Development of system for monitoring cost savings
resulting from workforce reductions

``(a) Workforce Review Defined.--In this section, the term
`workforce review', with respect to a function of the
Department of Defense performed by Department of Defense
civilian employees, means a review conducted under Office of
Management and Budget Circular A-76 (or any successor
administrative regulation or policy), the Strategic Sourcing
Program Plan of Action (or any successor Department of Defense
guidance or directive), or any other authority to determine
whether the function--
``(1) should be performed by a workforce composed
of Department of Defense civilian employees or by a
private sector workforce; or
``(2) should be reorganized or otherwise
reengineered to improve the effeciency or effectiveness
of the performance of the function, with a resulting
decrease in the number of Department of Defense
civilian employees performing the function.
``(b) System for Monitoring Performance.--(1) The Secretary
of Defense shall establish a system for monitoring the
performance, including the cost of performance, of each
function of the Department of Defense that, after the date of
the enactment of this section, is the subject of a workforce
review.
``(2) The monitoring system shall be designed to compare
the following:
``(A) The costs to perform a function before the
workforce review to the costs actually incurred to
perform the function after implementing the conversion,
reorganization, or reengineering actions recommended by
the workforce review.
``(B) The anticipated savings to the actual
savings, if any, resulting from conversion,
reorganization, or reengineering actions undertaken in
response to the workforce review.
``(3) The monitoring of a function shall continue under
this section for at least five years after the conversion,
reorganization, or reengineering of the function.
``(c) Waiver for Certain Workforce Reviews.--Subsection (b)
shall not apply to a workforce review that would result in a
manpower reduction affecting fewer than 50 Department of
Defense civilian employees.
``(d) Annual Report.--Not later than February 1 of each
fiscal year, the Secretary of Defense shall submit to Congress
a report on the results of the monitoring performed under the
system established under subsection (b). For each function
subject to monitoring during the previous fiscal year, the
report shall indicate the following:
``(1) The cost of the workforce review.
``(2) The cost of performing the function before
the workforce review compared to the costs incurred
after implementing the conversion, reorganization, or
reengineering actions recommended by the workforce
review.
``(3) The actual savings derived from the
implementation of the recommendations of the workforce
review, if any, compared to the anticipated savings
that were to result from the conversion,
reorganization, or reengineering actions.
``(e) Consideration in Preparation of Future-Years Defense
Program.--In preparing the future-years defense program under
section 221 of this title, the Secretary of Defense shall, for
the fiscal years covered by the program, estimate and take into
account the costs to be incurred and the savings to be derived
from the performance of functions by workforces selected in
workforce reviews. The Secretary shall consider the results of
the monitoring under this section in making the estimates.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2461 the following new item:

``2461a. Development of system for monitoring cost savings resulting
from workforce reductions.''.

SEC. 355. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT CHEMICAL
WEAPONS STORAGE INSTALLATIONS.

(a) Restriction on Conversion.--The Secretary of the Army
may not convert to contractor performance the emergency
response functions of any chemical weapons storage installation
that, as of the date of the enactment of this Act, are
performed for that installation by employees of the United
States until the certification required by subsection (c) has
been submitted in accordance with that subsection.
(b) Covered Installations.--For the purposes of this
section, a chemical weapons storage installation is any
installation of the Department of Defense on which lethal
chemical agents or munitions are stored.
(c) Certification Requirement.--The Secretary of the Army
shall certify in writing to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives that, to ensure that there will be no lapse of
capability to perform the chemical weapon emergency response
mission at a chemical weapons storage installation during any
transition to contractor performance of those functions at the
installation, the plan for conversion of the performance of
those functions--
(1) is consistent with the recommendation contained
in General Accounting Office Report NSIAD-00-88,
entitled ``DoD Competitive Sourcing'', dated March
2000;
(2) provides for a transition to contractor
performance of emergency response functions which
ensures an adequate transfer of the relevant knowledge
and expertise regarding chemical weapon emergency
response to the contractor personnel; and
(3) complies with section 2465 of title 10, United
States Code.

SEC. 356. SUSPENSION OF REORGANIZATION OR RELOCATION OF NAVAL AUDIT
SERVICE.

(a) Suspension.--During the period specified in subsection
(b), the Secretary of the Navy may not commence or continue any
consolidation, involuntary transfer, buy-out, or other
reduction in force of the workforce of auditors and
administrative support personnel of the Naval Audit Service if
the consolidation, involuntary transfer, buy-out, or other
reduction in force is associated with the reorganization or
relocation of the performance of the auditing functions of the
Naval Audit Service.
(b) Duration.--Subsection (a) applies during the period
beginning on the date of the enactment of this Act and ending
180 days after the date on which the Secretary submits to the
congressional defense committees a report that sets forth in
detail the Navy's plans and justification for the
reorganization or relocation of the performance of the auditing
functions of the Naval Audit Service, as the case may be.

Subtitle F--Defense Dependents Education

SEC. 361. ELIGIBILITY OF DEPENDENTS OF AMERICAN RED CROSS EMPLOYEES FOR
ENROLLMENT IN DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT SCHOOLS IN PUERTO RICO.

Section 2164 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(i) American Red Cross Employee Dependents in Puerto
Rico.--(1) The Secretary may authorize the dependent of an
American Red Cross employee described in paragraph (2) to
enroll in an education program provided by the Secretary
pursuant to subsection (a) in Puerto Rico if the American Red
Cross agrees to reimburse the Secretary for the educational
services so provided.
``(2) An employee referred to in paragraph (1) is an
American Red Cross employee who--
``(A) resides in Puerto Rico; and
``(B) performs, on a full-time basis, emergency
services on behalf of members of the armed forces.
``(3) In determining the dependency status of any person
for the purposes of paragraph (1), the Secretary shall apply
the same definitions as apply to the determination of such
status with respect to Federal employees in the administration
of this section.
``(4) Subsection (g) shall apply with respect to
determining the reimbursement rates for educational services
provided pursuant to this subsection. Amounts received as
reimbursement for such educational services shall be treated in
the same manner as amounts received under subsection (g).''.

SEC. 362. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) Continuation of Department of Defense Program for
Fiscal Year 2001.--Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance for Defense-
wide activities, $35,000,000 shall be available only for the
purpose of providing educational agencies assistance (as
defined in subsection (d)(1)) to local educational agencies.
(b) Notification.--Not later than June 30, 2001, the
Secretary of Defense shall notify each local educational agency
that is eligible for educational agencies assistance for fiscal
year 2001 of--
(1) that agency's eligibility for educational
agencies assistance; and
(2) the amount of the educational agencies
assistance for which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under subsection (a) not later
than 30 days after the date on which notification to the
eligible local educational agencies is provided pursuant to
subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance''
means assistance authorized under section 386(b) of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the
meaning given that term in section 8013(9) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).

SEC. 363. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

(a) Payments.--Subject to subsection (f), the Secretary of
Defense shall make a payment for fiscal years after fiscal year
2001, to each local educational agency eligible to receive a
payment for a child described in subparagraph (A)(ii), (B),
(D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)) that
serves two or more such children with severe disabilities, for
costs incurred in providing a free appropriate public education
to each such child.
(b) Payment Amount.--The amount of the payment under
subsection (a) to a local educational agency for a fiscal year
for each child referred to in such subsection with a severe
disability shall be--
(1) the payment made on behalf of the child with a
severe disability that is in excess of the average per
pupil expenditure in the State in which the local
educational agency is located; less
(2) the sum of the funds received by the local
educational agency--
(A) from the State in which the child
resides to defray the educational and related
services for such child;
(B) under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) to
defray the educational and related services for
such child; and
(C) from any other source to defray the
costs of providing educational and related
services to the child which are received due to
the presence of a severe disabling condition of
such child.
(c) Exclusions.--No payment shall be made under subsection
(a) on behalf of a child with a severe disability whose
individual cost of educational and related services does not
exceed--
(1) five times the national or State average per
pupil expenditure (whichever is lower), for a child who
is provided educational and related services under a
program that is located outside the boundaries of the
school district of the local educational agency that
pays for the free appropriate public education of the
student; or
(2) three times the State average per pupil
expenditure, for a child who is provided educational
and related services under a program offered by the
local educational agency, or within the boundaries of
the school district served by the local educational
agency.
(d) Ratable reduction.--If the amount available for a
fiscal year for payments under subsection (a) is insufficient
to pay the full amount all local educational agencies are
eligible to receive under such subsection, the Secretary of
Defense shall ratably reduce the amounts of the payments made
under such subsection to all local educational agencies by an
equal percentage.
(e) Report.--Each local educational agency desiring a
payment under subsection (a) shall report to the Secretary of
Defense--
(1) the number of severely disabled children for
which a payment may be made under this section; and
(2) a breakdown of the average cost, by placement
(inside or outside the boundaries of the school
district of the local educational agency), of providing
education and related services to such children.
(f) Payments Subject to Appropriation.--Payments shall be
made for any period in a fiscal year under this section only to
the extent that funds are appropriated specifically for making
such payments for that fiscal year.
(g) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 364. ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION OF SCHOOL
FACILITIES THAT SERVE DEPENDENTS OF MEMBERS OF THE
ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.

(a) Repair and Renovation Assistance.--(1) During fiscal
year 2001, the Secretary of Defense may make a grant to an
eligible local educational agency to assist the agency to
repair and renovate--
(A) an impacted school facility that is used by
significant numbers of military dependent students; or
(B) a school facility that was a former Department
of Defense domestic dependent elementary or secondary
school.
(2) Authorized repair and renovation projects may include
repairs and improvements to an impacted school facility
(including the grounds of the facility) designed to ensure
compliance with the requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or local
health and safety ordinances, to meet classroom size
requirements, or to accommodate school population increases.
(3) The total amount of assistance provided under this
subsection to an eligible local educational agency may not
exceed $2,500,000 during fiscal year 2001.
(b) Maintenance Assistance.--(1) During fiscal year 2001,
the Secretary of Defense may make a grant to an eligible local
educational agency whose boundaries are the same as a military
installation to assist the agency to maintain an impacted
school facility, including the grounds of such a facility.
(2) The total amount of assistance provided under this
subsection to an eligible local educational agency may not
exceed $250,000 during fiscal year 2001.
(c) Determination of Eligible Local Educational Agencies.--
(1) A local educational agency is an eligible local educational
agency under this section only if the Secretary of Defense
determines that the local educational agency has--
(A) one or more federally impacted school
facilities; and
(B) satisfies at least one of the following
eligibility requirements:
(i) The local educational agency is
eligible to receive assistance under subsection
(f) of section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7703) and at least 10 percent of the students
who were in average daily attendance in the
schools of such agency during the preceding
school year were students described under
paragraph (1)(A) or (1)(B) of section 8003(a)
of the Elementary and Secondary Education Act
of 1965.
(ii) At least 35 percent of the students
who were in average daily attendance in the
schools of the local educational agency during
the preceding school year were students
described under paragraph (1)(A) or(1)(B) of
section 8003(a) of the Elementary and Secondary Education Act of 1965.
(iii) The State education system and the
local educational agency are one and the same.
(2) A local educational agency is also an eligible local
educational agency under this section if the local educational
agency has a school facility that was a former Department of
Defense domestic dependent elementary or secondary school, but
assistance provided under subsection (a) may only be used to
repair and renovate that specific facility.
(d) Notification of Eligibility.--Not later than April 30,
2001, the Secretary of Defense shall notify each local
educational agency identified under subsection (c) that the
local educational agency is eligible to apply for a grant under
subsection (a), subsection (b), or both subsections.
(e) Relation to Impact Aid Construction Assistance.--A
local education agency that receives a grant under subsection
(a) to repair and renovate a school facility may not also
receive a payment for school construction under section 8007 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7707) for fiscal year 2001.
(f) Grant Considerations.--In determining which eligible
local educational agencies will receive a grant under this
section, the Secretary of Defense shall take into consideration
the following conditions and needs at impacted school
facilities of eligible local educational agencies:
(1) The repair or renovation of facilities is
needed to meet State mandated class size requirements,
including student-teacher ratios and instructional
space size requirements.
(2) There is an increase in the number of military
dependent students in facilities of the agency due to
increases in unit strength as part of military
readiness.
(3) There are unhoused students on a military
installation due to other strength adjustments at
military installations.
(4) The repair or renovation of facilities is
needed to address any of the following conditions:
(A) The condition of the facility poses a
threat to the safety and well-being of
students.
(B) The requirements of the Americans with
Disabilities Act of 1990.
(C) The cost associated with asbestos
removal, energy conservation, or technology
upgrades.
(D) Overcrowding conditions as evidenced by
the use of trailers and portable buildings and
the potential for future overcrowding because
of increased enrollment.
(5) The repair or renovation of facilities is
needed to meet any other Federal or State mandate.
(6) The number of military dependent students as a
percentage of the total student population in the
particular school facility.
(7) The age of facility to be repaired or
renovated.
(g) Definitions.--In this section:
(1) Local educational agency.--The term ``local
educational agency'' has the meaning given that term in
section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
(2) Impacted school facility.--The term ``impacted
school facility'' means a facility of a local
educational agency--
(A) that is used to provide elementary or
secondary education at or near a military
installation; and
(B) at which the average annual enrollment
of military dependent students is a high
percentage of the total student enrollment at
the facility, as determined by the Secretary of
Defense.
(3) Military dependent students.--The term
``military dependent students'' means students who are
dependents of members of the armed forces or Department
of Defense civilian employees.
(4) Military installation.--The term ``military
installation'' has the meaning given that term in
section 2687(e) of title 10, United States Code.
(h) Funding Source.--The amount authorized to be
appropriated under section 301(25) for Quality of Life
Enhancements, Defense-Wide, shall be available to the Secretary
of Defense to make grants under this section.

Subtitle G--Military Readiness Issues

SEC. 371. MEASURING CANNIBALIZATION OF PARTS, SUPPLIES, AND EQUIPMENT
UNDER READINESS REPORTING SYSTEM.

Section 117(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(7) Measure, on a quarterly basis, the extent to
which units of the armed forces remove serviceable
parts, supplies, or equipment from one vehicle, vessel,
or aircraft in order to render a different vehicle,
vessel, or aircraft operational.''.

SEC. 372. REPORTING REQUIREMENTS REGARDING TRANSFERS FROM HIGH-PRIORITY
READINESS APPROPRIATIONS.

(a) Continuation of Reporting Requirements.--Section 483 of
title 10, United States Code, is amended by striking subsection
(e).
(b) Level of Detail.--Subsection (c)(2) of such section is
amended by inserting before the period the following: ``,
including identification of the sources from which funds were
transferred into that activity and identification of the
recipients of the funds transferred out of that activity''.
(c) Additional Covered Budget Activities.--Subsection
(d)(5) of such section is amended by adding at the end the
following new subparagraphs:
``(G) Combat Enhancement Forces.
``(H) Combat Communications.''.

SEC. 373. EFFECTS OF WORLDWIDE CONTINGENCY OPERATIONS ON READINESS OF
MILITARY AIRCRAFT AND EQUIPMENT.

(a) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report assessing the effects of
worldwide contingency operations on--
(1) the readiness of aircraft and ground equipment
of the Armed Forces; and
(2) the capability of the Armed Forces to maintain
a high level of equipment readiness and to manage a
high operating tempo for the aircraft and ground
equipment.
(b) Effects on Aircraft.--With respect to aircraft, the
assessment contained in the report shall address the following
effects:
(1) The effects of the contingency operations
carried out during fiscal years 1995 through 2000 on
the aircraft of each of the Armed Forces in each
category of aircraft, as follows:
(A) Combat tactical aircraft.
(B) Strategic aircraft.
(C) Combat support aircraft.
(D) Combat service support aircraft.
(2) The types of adverse effects on the aircraft of
each of the Armed Forces in each category of aircraft
specified in paragraph (1) resulting from contingency
operations, as follows:
(A) Patrolling in no-fly zones over Iraq in
Operation Northern Watch and Operation Southern
Watch and over the Balkans in Operation Allied
Force.
(B) Air operations in the North Atlantic
Treaty Organization air war against Serbia in
Operation Sky Anvil, Operation Noble Anvil, and
Operation Allied Force.
(C) Air operations in Operation Shining
Hope in Kosovo.
(D) All other activities within the general
context of worldwide contingency operations.
(3) Any other effects that the Secretary of Defense
considers appropriate in carrying out subsection (a).
(c) Effects on Ground Equipment.--With respect to ground
equipment, the assessment contained in the report shall address
following effects:
(1) The effects of the contingency operations
carried out during fiscal years 1995 through 2000 on
the ground equipment of each of the Armed Forces.
(2) Any other effects that the Secretary of Defense
considers appropriate in carrying out subsection (a).
(d) Definitions.--In this section:
(1) The term ``Armed Forces'' means the Army, Navy,
Marine Corps, and Air Force.
(2) The term ``contingency operation'' has the
meaning given the term in section 101(a)(13) of title
10, United States Code.

SEC. 374. IDENTIFICATION OF REQUIREMENTS TO REDUCE BACKLOG IN
MAINTENANCE AND REPAIR OF DEFENSE FACILITIES.

(a) Report To Address Maintenance and Repair Backlog.--Not
later than March 15, 2001, the Secretary of Defense shall
submit to Congress a report identifying a list of requirements
to reduce the backlog in maintenance and repair needs of
facilities and infrastructure under the jurisdiction of the
Department of Defense or a military department.
(b) Elements of Report.--At a minimum, the report shall
include or address the following:
(1) The extent of the work necessary to repair and
revitalize facilities and infrastructure, or to
demolish and replace unusable facilities, carried as
backlog by the Secretary of Defense or the Secretary of
a military department.
(2) Measurable goals, over specified time frames,
for addressing all of the identified requirements.
(3) Expected funding for each military department
and Defense Agency to address the identified
requirements during the period covered by the most
recent future-years defense program submitted to
Congress pursuant to section 221 of title 10, United
States Code.
(4) The cost of the current backlog in maintenance
and repair for each military department and Defense
Agency, which shall be determined using the standard
costs to standard facility categories in the Department
of Defense Facilities Cost Factors Handbook, shown both
in the aggregate and individually for each major
military installation.
(5) The total number of square feet of building
space of each military department and Defense Agency to
be demolished or proposed for demolition, shown both in
the aggregate and individually for each major military
installation.
(6) The initiatives underway to identify facility
and infrastructure requirements at military
installation to accommodate new and developing weapons
systems and to prepare installations to accommodate
these systems.
(c) Annual Updates.--The Secretary of Defense shall update
the report required under subsection (a) annually. The annual
updates shall be submitted to Congress at or about the time
that the budget is submitted to Congress for a fiscal year
under section 1105(a) of title 31, United States Code.

SEC. 375. NEW METHODOLOGY FOR PREPARING BUDGET REQUESTS TO SATISFY ARMY
READINESS REQUIREMENTS.

(a) Requirement for New Methodology.--The Secretary of the
Army shall develop a new methodology for preparing budget
requests for operation and maintenance for the Army that can be
used to ensure that the budget requests for operation and
maintenance for future fiscal years more accurately reflect the
Army's requirements than did the budget requests submitted to
Congress for fiscal year 2001 and preceding fiscal years.
(b) Sense of Congress Regarding New Methodology.--It is the
sense of Congress that--
(1) the methodology required by subsection (a)
should provide for the determination of the budget
levels to request for operation and maintenance for the
Army to be based on--
(A) the level of training that must be
conducted in order for the Army to execute
successfully the full range of missions called
for in the national defense strategy delineated
pursuant to section 118 of title 10, United
States Code, at a low-to-moderate level of
risk;
(B) the cost of conducting training at the
level of training described in subparagraph
(A); and
(C) the costs of all other Army operations,
including the cost of meeting infrastructure
requirements; and
(2) the Secretary of the Army should use the new
methodology in the preparation of the budget requests
for operation and maintenance for the Army for fiscal
years after fiscal year 2001.

SEC. 376. REVIEW OF AH-64 AIRCRAFT PROGRAM.

(a) Requirement for Review.--The Comptroller General shall
conduct a review of the Army's AH-64 aircraft program to
determine--
(1) whether obsolete spare parts, rather than spare
parts for the latest aircraft configuration, are being
procured;
(2) whether there is insufficient sustaining system
technical support;
(3) whether technical data packages and manuals are
obsolete;
(4) whether there are unfunded requirements for
airframe and component upgrades; and
(5) if one or more of the conditions described in
the preceding paragraphs exist, whether the readiness
of the aircraft is impaired by the conditions.
(b) Report.--Not later than March 1, 2001, the Comptroller
General shall submit to the congressional defense committees a
report on the results of the review under subsection (a).

SEC. 377. REPORT ON AIR FORCE SPARE AND REPAIR PARTS PROGRAM FOR C-5
AIRCRAFT.

(a) Findings.--Congress makes the following findings:
(1) There exists a significant shortfall in the
Nation's current strategic airlift requirement, even
though strategic airlift remains critical to the
national security strategy of the United States.
(2) This shortfall results from the slow phase-out
of C-141 aircraft and their replacement with C-17
aircraft and from lower than optimal reliability rates
for the C-5 aircraft.
(3) One of the primary causes of these reliability
rates for C-5 aircraft, and especially for operational
unit aircraft, is the shortage of spare repair parts.
Over the past 5 years, this shortage has been
particularly evident in the C-5 fleet.
(4) Not Mission Capable for Supply rates for C-5
aircraft have increased significantly in the period
between 1997 and 1999. At Dover Air Force Base,
Delaware, for example, an average of 7 to 9 C-5
aircraft were not available during that period because
of a lack of parts.
(5) Average rates of cannibalization of C-5
aircraft per 100 sorties of such aircraft have also
increased during that period and are well above the Air
Mobility Command standard. In any given month, this
means devoting additional manhours to cannibalization
of C-5 aircraft. At Dover Air Force Base, for example,
an average of 800 to 1,000 additional manhours were
required for cannibalization of C-5 aircraft during
that period. Cannibalization is often required for
aircraft that transit through a base such as Dover Air
Force Base, as well as those that are based there.
(6) High cannibalization rates indicate a
significant problem in delivering spare parts in a
timely manner and systemic problems within the repair
and maintenance process, and also demoralize overworked
maintenance crews.
(7) The C-5 aircraft remains an absolutely critical
asset in air mobility and airlifting heavy equipment
and personnel to both military contingencies and
humanitarian relief efforts around the world.
(8) Despite increased funding for spare and repair
parts and other efforts by the Air Force to mitigate
the parts shortage problem, Congress continues to
receive reports of significant cannibalization to
airworthy C-5 aircraft and parts backlogs.
(b) Report Required.--Not later than January 1, 2001, and
September 30, 2001, the Secretary of the Air Force shall submit
to Congress a report on the overall status of the spare and
repair parts program of the Air Force for the C-5 aircraft.
(c) Elements of Report.--Each report shall include the
following:
(1) A statement of the funds currently allocated to
the acquisition of spare and repair parts for the C-5
aircraft and the adequacy of such funds to meet current
and future repair and maintenance requirements for that
aircraft.
(2) A description of current efforts to address
shortfalls in the availability of spare and repair
parts for the C-5 aircraft, including an assessment of
potential short-term and long-term effects of such
efforts.
(3) An assessment of the effects of such parts
shortfalls on readiness and reliability ratings for the
C-5 aircraft.
(4) A description of rates at which spare and
repair parts for one C-5 aircraft are taken from
another C-5 aircraft (known as parts cannibalization)
and the manhours devoted to part cannibalization of
such aircraft.
(5) An assessment of the effects of parts
shortfalls and parts cannibalization with respect to C-
5 aircraft on readiness and retention.

Subtitle H--Other Matters

SEC. 381. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN MILITARY EQUIPMENT
IDENTIFIED ON UNITED STATES MUNITIONS LIST.

(a) Annual Report Required.--Chapter 153 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2582. Military equipment identified on United States munitions
list: annual report of public sales

``(a) Report Required.--The Secretary of Defense shall
prepare an annual report identifying each public sale conducted
by a military department or Defense Agency of military items
that are--
``(1) identified on the United States Munitions
List maintained under section 121.1 of title 22, Code
of Federal Regulations; and
``(2) assigned a demilitarization code of `B' or
its equivalent.
``(b) Elements of Report.--(1) A report under this section
shall cover all public sales described in subsection (a) that
were conducted during the preceding fiscal year.
``(2) The report shall specify the following for each sale:
``(A) The date of the sale.
``(B) The military department or Defense Agency
conducting the sale.
``(C) The manner in which the sale was conducted.
``(D) The military items described in subsection
(a) that were sold or offered for sale.
``(E) The purchaser of each item.
``(F) The stated end-use of each item sold.
``(c) Submission of Report.--Not later than March 31 of
each year, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives and
the Committee on Armed Services of the Senate the report
required by this section for the preceding fiscal year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2582. Military equipment identified on United States munitions list:
annual report of public sales.''.

SEC. 382. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF BY THE ARMY.

(a) Restriction.--(1) Chapter 443 of title 10, United
States Code, is amended by adding at the end the following new
section:

``Sec. 4688. Armor-piercing ammunition and components: condition on
disposal

``(a) Limitation on Resale or Other Transfer.--Except as
provided in subsection (b), whenever the Secretary of the Army
carries out a disposal (by sale or otherwise) of armor-piercing
ammunition, or a component of armor-piercing ammunition, the
Secretary shall require as a condition of the disposal that the
recipient agree in writing not to sell or otherwise transfer
any of the ammunition (reconditioned or otherwise), or any
armor-piercing component of that ammunition, to any purchaser
in the United States other than a law enforcement or other
governmental agency.
``(b) Exception.--Subsection (a) does not apply to a
transfer of a component of armor-piercing ammunition solely for
the purpose of metal reclamation by means of a destructive
process such as melting, crushing, or shredding.
``(c) Special Rule for Non-Armor-Piercing Components.--A
component of the armor-piercing ammunition that is not itself
armor-piercing and is not subjected to metal reclamation as
described in subsection (b) may not be used as a component in
the production of new or remanufactured armor-piercing
ammunition other than for sale to a law enforcement or other
governmental agency or for a government-to-government sale or
commercial export to a foreign government under the Arms Export
Control Act (22 U.S.C. 2751).
``(d) Definition.--In this section, the term `armor-
piercing ammunition' means a center-fire cartridge the military
designation of which includes the term `armor penetrator' or
`armor-piercing', including a center-fire cartridge designated
as armor-piercing incendiary (API) or armor-piercing
incendiary-tracer (API-T).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``4688. Armor-piercing ammunition and components: condition on
disposal.''.

(b) Applicability.--Section 4688 of title 10, United States
Code, as added by subsection (a), shall apply with respect to
any disposal of ammunition or components referred to in that
section after the date of the enactment of this Act.

SEC. 383. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT PROVIDED AT
JOHNSTON ATOLL.

(a) In General.--Chapter 949 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 9783. Johnston Atoll: reimbursement for support provided to
civil air carriers

``(a) Authority of the Secretary.--The Secretary of the Air
Force may, under regulations prescribed by the Secretary,
require payment by a civil air carrier for support provided by
the United States to the carrier at Johnston Atoll that is
either--
``(1) requested by the civil air carrier; or
``(2) determined under the regulations as being
necessary to accommodate the civil air carrier's use of
Johnston Atoll.
``(b) Amount of Charges.--Any amount charged an air carrier
under subsection (a) for support shall be equal to the total
amount of the actual costs to the United States of providing
the support. The amount charged may not include any amount for
an item of support that does not satisfy a condition described
in paragraph (1) or (2) of subsection (a).
``(c) Relationship to Landing Fees.--No landing fee shall
be charged an air carrier for a landing of an aircraft of the
air carrier at Johnston Atoll if the air carrier is charged
under subsection (a) for support provided to the air carrier.
``(d) Disposition of Payments.--(1) Amounts collected from
an air carrier under this section shall be credited to
appropriations available for the fiscal year in which
collected, as follows:
``(A) For support provided by the Air Force, to
appropriations available for the Air Force for
operation and maintenance.
``(B) For support provided by the Army, to
appropriations available for the Army for chemical
demilitarization.
``(2) Amounts credited to an appropriation under paragraph
(1) shall be merged with funds in that appropriation and shall
be available, without further appropriation, for the purposes
and period for which the appropriation is available.
``(e) Definitions.--In this section:
``(1) The term `civil air carrier' means an air
carrier (as defined in section 40101(a)(2) of title 49)
that is issued a certificate of public convenience and
necessity under section 41102 of such title.
``(2) The term `support' includes fuel, fire
rescue, use of facilities, improvements necessary to
accommodate use by civil air carriers, police, safety,
housing, food, air traffic control, suspension of
military operations on the island (including operations
at the Johnston Atoll Chemical Agent Demilitarization
System), repairs, and any other construction, services,
or supplies.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``9783. Johnston Atoll: reimbursement for support provided to civil air
carriers.''.

SEC. 384. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.

(a) Space-Required Travel for Travel to Duty Stations.--
Subsection (a) of section 18505 of title 10, United States
Code, is amended to read as follows:
``(a) A member of a reserve component traveling for annual
training duty or inactive-duty training (including a place
other than the place of the member's unit training assembly if
the member is performing annual training duty or inactive-duty
training in another location) may travel in a space-required
status on aircraft of the armed forces between the member's
home and the place of the annual training duty or inactive-duty
training.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:

``Sec. 18505. Reserves traveling for annual training duty or inactive-
duty training: space-required travel on military
aircraft''.

(2) The table of sections at the beginning of chapter 1805
of such title is amended by striking the item relating to
section 18505 and inserting the following new item:

``18505. Reserves traveling for annual training duty or inactive-duty
training: space-required travel on military aircraft.''.

SEC. 385. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET AIRCRAFT.

(a) In General.--Section 41106 of title 49, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``of at least
31 days'';
(2) by redesignating subsection (b) as subsection
(d); and
(3) by inserting after subsection (a) the following
new subsections:
``(b) Transportation Between the United States and Foreign
Locations.--Except as provided in subsection (d), the
transportation of passengers or property by transport category
aircraft between a place in the United States and a place
outside the United States obtained by the Secretary of Defense
or the Secretary of a military department through a contract
for airlift service shall be provided by an air carrier
referred to in subsection (a).
``(c) Transportation Between Foreign Locations.--The
transportation of passengers or property by transport category
aircraft between two places outside the United States obtained
by the Secretary of Defense or the Secretary of a military
department through a contract for airlift service shall be
provided by an air carrier that has aircraft in the civil
reserve air fleet whenever transportation by such an air
carrier is reasonably available.''.
(b) Conforming Amendment.--Subsection (a) of such section
is further amended by striking ``General.--(1) Except as
provided in subsection (b) of this section,'' and inserting
``Interstate Transportation.--(1) Except as provided in
subsection (d) of this section,''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.

SEC. 386. ADDITIONS TO PLAN FOR ENSURING VISIBILITY OVER ALL IN-TRANSIT
END ITEMS AND SECONDARY ITEMS.

(a) Required Additions.--Subsection (d) of section 349 of
the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1981; 10 U.S.C.
2458 note) is amended--
(1) in paragraph (1), by inserting before the
period at the end the following: ``, including specific
actions to address underlying weaknesses in the
controls over items being shipped''; and
(2) by adding at the end the following new
paragraph:
``(5) The key management elements for monitoring,
and for measuring the progress achieved in, the
implementation of the plan, including--
``(A) the assignment of oversight
responsibility for each action identified
pursuant to paragraph (1);
``(B) a description of the resources
required for oversight; and
``(C) an estimate of the annual cost of
oversight.''.
(b) Conforming Amendments.--(1) Subsection (a) of such
section is amended by striking ``Not later than'' and allthat
follows through ``Congress'' and inserting ``The Secretary of Defense
shall prescribe and carry out''.
(2) Such section is further amended by adding at the end
the following new subsection:
``(f) Submissions to Congress.--The Secretary shall submit
to Congress any revisions made to the plan that are required by
any law enacted after October 17, 1998. The revisions so made
shall be submitted not later than 180 days after the date of
the enactment of the law requiring the revisions.''.
(3) Subsection (e)(1) of such section is amended by
striking ``submits the plan'' and inserting ``submits the
initial plan''.

SEC. 387. REAUTHORIZATION OF PILOT PROGRAM FOR ACCEPTANCE AND USE OF
LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY
AIRFIELDS BY CIVIL AIRCRAFT.

(a) Reauthorization.--Section 377 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 1993; 10 U.S.C. 113 note) is amended--
(1) in subsection (a)--
(A) by striking ``during fiscal years 1999
and 2000''; and
(B) by striking the second sentence; and
(2) by adding at the end the following new
subsection:
``(e) Duration of Pilot Program.--The pilot program under
this section may not be carried out after September 30,
2010.''.
(b) Fees Collected.--Subsection (b) of such section is
amended to read as follows:
``(b) Landing Fee Defined.--In this section, the term
`landing fee' means any fee that is established under or in
accordance with regulations of the military department
concerned (whether prescribed in a fee schedule or imposed
under a joint-use agreement) to recover costs incurred for use
by civil aircraft of an airfield of the military department in
the United States or in a territory or possession of the United
States.''.
(c) Use of Proceeds.--Subsection (c) of such section is
amended by striking ``Amounts received for a fiscal year in
payment of landing fees imposed under the pilot program for use
of a military airfield'' and inserting ``Amounts received in
payment of landing fees for use of a military airfield in a
fiscal year of the pilot program''.
(d) Report.--Subsection (d) of such section is amended--
(1) by striking ``March 31, 2000,'' and inserting
``March 31, 2003,''; and
(2) by striking ``December 31, 1999'' and inserting
``December 31, 2002''.

SEC. 388. EXTENSION OF AUTHORITY TO SELL CERTAIN AIRCRAFT FOR USE IN
WILDFIRE SUPPRESSION.

Section 2 of the Wildfire Suppression Aircraft Transfer Act
of 1996 (Public Law 104-307; 10 U.S.C. 2576 note) is amended--
(1) in subsection (a)(1), by striking ``September
30, 2000'' and inserting ``September 30, 2005'';
(2) in subsection (d)(1)--
(A) by striking ``the date of the enactment
of this Act'' and inserting ``October 14,
1996''; and
(B) by adding at the end the following:
``The regulations prescribed under this
paragraph shall be effective until the end of
the period specified in subsection (a)(1).'';
and
(3) in subsection (f), by striking ``March 31,
2000'' and inserting ``March 31, 2005''.

SEC. 389. DAMAGE TO AVIATION FACILITIES CAUSED BY ALKALI SILICA
REACTIVITY.

(a) Assessment of Damage and Prevention and Mitigation
Technology.--The Secretary of Defense shall require the
Secretaries of the military departments to assess--
(1) the damage caused to aviation facilities of the
Armed Forces by alkali silica reactivity; and
(2) the availability of technologies capable of
preventing, treating, or mitigating alkali silica
reactivity in hardened concrete structures and
pavements.
(b) Evaluation of Technologies.--(1) Taking into
consideration the assessment under subsection (a), the
Secretary of each military department may conduct a
demonstration project at a location selected by the Secretary
concerned to test and evaluate the effectiveness of
technologies intended to prevent, treat, or mitigate alkali
silica reactivity in hardened concrete structures and
pavements.
(2) The Secretary of Defense shall ensure that the
locations selected for the demonstration projects represent the
diverse operating environments of the Armed Forces.
(c) New Construction.--The Secretary of Defense shall
develop specific guidelines for appropriate testing and use of
lithium salts to prevent alkali silica reactivity in new
construction of the Department of Defense.
(d) Completion of Assessment and Demonstration.--The
assessment conducted under subsection (a) and the demonstration
projects, if any, conducted under subsection (b) shall be
completed not later than September 30, 2006.
(e) Delegation of Authority.--The authority to conduct the
assessment under subsection (a) may be delegated only to the
Chief of Engineers of the Army, the Commander of the Naval
Facilities Engineering Command, and the Civil Engineer of the
Air Force.
(f) Limitation on Expenditures.--The Secretary of Defense
and the Secretaries of the military departments may not expend
more than a total of $5,000,000 to conduct both the assessment
under subsection (a) and all of the demonstration projects
under subsection (b).

SEC. 390. DEMONSTRATION PROJECT TO INCREASE RESERVE COMPONENT INTERNET
ACCESS AND SERVICES IN RURAL COMMUNITIES.

(a) Authorization and Purpose of Project.--The Secretary of
the Army, acting through the Chief of the National Guard
Bureau, may carry out a demonstration project in rural
communities that are unserved or underserved by the
telecommunications medium known as the Internet to provide or
increase Internet access and services to units and members of
the National Guard and other reserve components located in
these communities.
(b) Project Elements.--In carrying out the demonstration
project, the Secretary may--
(1) establish and operate distance learning
classrooms in communities described in subsection (a),
including any support systems required for such
classrooms; and
(2) provide Internet access and services in such
classrooms through GuardNet, the telecommunications
infrastructure of the National Guard.
(c) Report.--Not later than February 1, 2005, the Secretary
shall submit to Congress a report on the demonstration project.
The report shall describe the activities conducted under the
demonstration project and include any recommendations for the
improvement or expansion of the demonstration project that the
Secretary considers appropriate.

SEC. 391. ADDITIONAL CONDITIONS ON IMPLEMENTATION OF DEFENSE JOINT
ACCOUNTING SYSTEM.

(a) Report on Deployment of System.--The proposed Defense
Joint Accounting System is not prohibited, but the Secretary of
Defense may not grant a Milestone III decision for the system
unless and until the Secretary of Defense submits to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report--
(1) explaining the reasons for the withdrawal of
the Department of the Air Force from the proposed
Defense Joint Accounting System and the effect of the
withdrawal on the development of the system;
(2) explaining the reasons why the Department of
the Navy is not required to participate in the system;
(3) identifying business process reengineering
initiatives reviewed, considered, or undertaken by the
Department of the Air Force and the Department of the
Navy before the decisions were made to exclude the
Department of the Navy from the system and to allow the
Department of the Air Force to withdraw from the
system; and
(4) containing an analysis, prepared with the
participation of the Secretaries of the military
departments, of alternatives to the system to determine
whether the system warrants deployment.
(b) Certification.--If the Secretary of Defense determines
that the proposed Defense Joint Accounting System warrants a
Milestone III decision, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a certification
that the system will meet--
(1) the required functionality for users of the
system;
(2) Department of Defense acquisition standards;
(3) the applicable requirements for Milestones I,
II and III; and
(4) the applicable requirements of the Clinger-
Cohen Act of 1996 (divisions D and E of Public Law 104-
106).

SEC. 392. REPORT ON DEFENSE TRAVEL SYSTEM.

(a) Requirement for Report.--Not later than November 30,
2000, the Secretary of Defense shall submit to the
congressional defense committees a report on the Defense Travel
System.
(b) Content of Report.--The report shall include the
following:
(1) A detailed discussion of the development,
testing, and fielding of the system, including the
performance requirements, the evaluation criteria, the
funding that has been provided for the development,
testing, and fielding of the system, and the funding
that is projected to be required for completing the
development, testing, and fielding of the system.
(2) The schedule for the testing of the system,
including the initial operational test and evaluation
and the finaloperational testing and evaluation,
together with the results of the testing.
(3) The cost savings expected to result from the
deployment of the system and from the completed
implementation of the system, together with a
discussion of how the savings are estimated and the
expected schedule for the realization of the savings.
(4) An analysis of the costs and benefits of
fielding the front-end software for the system
throughout all 18 geographical areas selected for the
original fielding of the system.

SEC. 393. REVIEW OF DEPARTMENT OF DEFENSE COSTS OF MAINTAINING
HISTORICAL PROPERTIES.

(a) Requirement for Review.--The Comptroller General shall
conduct a review of the annual costs incurred by the Department
of Defense to comply with the requirements of the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
(b) Report.--Not later than February 28, 2001, the
Comptroller General shall submit to the congressional defense
committees a report on the results of the review. The report
shall contain the following:
(1) For each military department and Defense Agency
and for the Department of Defense in the aggregate, the
cost for fiscal year 2000 and the projected costs for
the ensuing 10 fiscal years to comply with the
requirements of the National Historic Preservation Act.
(2) Of the costs referred to in paragraph (1), the
portion of such costs related to maintenance of those
properties that qualified as historic properties under
the National Historic Preservation Act when such Act
was originally enacted in 1966.
(3) The accounts used for paying the costs of
complying with the requirements of the National
Historic Preservation Act.
(4) For each military department and Defense
Agency, the identity of all properties that must be
maintained in order to comply with the requirements of
the National Historic Preservation Act.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.

Subtitle B--Reserve Forces

Subtitle C--Other Matters Relating to Personnel Strengths

Subtitle D--Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2001, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,642.
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.

SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

(a) Revised End Strength Floors.--Section 691(b) of title
10, United States Code, is amended--
(1) in paragraph (2), by striking ``371,781'' and
inserting ``372,000'';
(2) in paragraph (3), by striking ``172,148'' and
inserting ``172,600''; and
(3) in paragraph (4), by striking ``360,877'' and
inserting ``357,000''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2000.

SEC. 403. ADJUSTMENT TO END STRENGTH FLEXIBILITY AUTHORITY.

Section 691(e) of title 10, United States Code, is amended
by inserting ``or greater than'' after ``identical to''.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2001, as follows:
(1) The Army National Guard of the United States,
350,526.
(2) The Army Reserve, 205,300.
(3) The Naval Reserve, 88,900.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States,
108,022.
(6) The Air Force Reserve, 74,358.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.

Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2001, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components:
(1) The Army National Guard of the United States,
22,974.
(2) The Army Reserve, 13,106.
(3) The Naval Reserve, 14,649.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States,
11,170.
(6) The Air Force Reserve, 1,336.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

The minimum number of military technicians (dual status) as
of the last day of fiscal year 2001 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United
States, 23,128.
(2) For the Army Reserve, 5,921.
(3) For the Air National Guard of the United
States, 22,247.
(4) For the Air Force Reserve, 9,785.

SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS TECHNICIANS.

(a) Limitation.--The number of non-dual status technicians
employed by the reserve components of the Army and the Air
Force as of September 30, 2001, may not exceed the following:
(1) For the Army Reserve, 1,195.
(2) For the Army National Guard of the United
States, 1,600.
(3) For the Air Force Reserve, 10.
(4) For the Air National Guard of the United
States, 326.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States Code.
(c) Postponement of Permanent Limitation.--Section
10217(c)(2) of title 10, United States Code, is amended by
striking ``October 1, 2001'' and inserting ``October 1, 2002''.

SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES AUTHORIZED
TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

(a) Officers.--The table in section 12011(a) of title 10,
United States Code, is amended to read as follows:

------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,316 1,071 948 140
Lieutenant Colonel or Commander..... 1,759 520 852 90
Colonel or Navy Captain............. 529 188 317 30''.
------------------------------------------------------------------------

(b) Senior Enlisted Members.--The table in section 12012(a)
of such title is amended to read as follows:

------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 764 202 502 20
E-8................................. 2,821 429 1,117 94''.
------------------------------------------------------------------------

(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.
(d) Report.--(1) Not later than March 31, 2001, the
Secretary 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 management of the grade structure
for reserve-component officers who are subject to section 12011
of title 10, United States Code, and on the grade structure of
enlisted members who are subject to section 12012 of that
title. The Secretary of Defense shall include in the report
recommendations for a permanent solution for managing the grade
structures for those officers and enlisted members without
requirement for frequent statutory adjustments to the
limitations in those sections.
(2) In developing recommendations for the report under
paragraph (1), the Secretary shall consider the following
areas:
(A) The grade structure authorized for field-grade
officers in the active-duty forces and the reasons why
the grade structure for field-grade reserve officers on
active duty in support of the reserves is different.
(B) The grade structure authorized for senior
enlisted members in the active-duty forces and the
reasons why the grade structure for senior enlisted
reserve members on active duty in support of the
reserves is different.
(C) The need for independent grade limits for each
reserve component under sections 12011 and 12012 of
title 10, United States Code.
(D) The advantages and disadvantage of replacing
management by the current grade tables in those
sections with management through a system based on the
grade authorized for the position occupied by the
member.
(E) The current mix within each reserve component,
for each controlled grade, of (i) traditional
reservists, (ii) military technicians, (iii) regular
component members, and (iv) reserve members on active
duty in support of the reserves, and how that mix, for
each component, would shift over time under the
Secretary's recommended solution as specified in
paragraph (1).

Subtitle C--Other Matters Relating to Personnel Strengths

SEC. 421. AUTHORITY FOR SECRETARY OF DEFENSE TO SUSPEND CERTAIN
PERSONNEL STRENGTH LIMITATIONS DURING WAR OR
NATIONAL EMERGENCY.

(a) Senior Enlisted Members on Active Duty.--Section 517 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of section
523, 525, or 526 of this title, the Secretary of Defense may
suspend the operation of any provision of this section. Any
such suspension shall, if not sooner ended, end in the manner
specified in section 527 for a suspension under that
section.''.
(b) Field Grade Reserve Component Officers.--Section 12011
of such title is amended by adding at the end the following new
subsection:
``(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of section
523, 525, or 526 of this title, the Secretary of Defense may
suspend the operation of any provision of this section. Any
such suspension shall, if not sooner ended, end in the manner
specified in section 527 for a suspension under that
section.''.
(c) Senior Enlisted Member in Reserve Components.--Section
12012 of such title is amended by adding at the end the
following new subsection:
``(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of section
523, 525, or 526 of this title, the Secretary of Defense may
suspend the operation of any provision of this section. Any
such suspension shall, if not sooner ended, end in the manner
specified in section 527 for a suspension under that
section.''.

SEC. 422. EXCLUSION FROM ACTIVE COMPONENT END STRENGTHS OF CERTAIN
RESERVE COMPONENT MEMBERS ON ACTIVE DUTY IN SUPPORT
OF THE COMBATANT COMMANDS.

Section 115(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(9) Members of reserve components (not described
in paragraph (8)) on active duty for more than 180 days
but less than 271 days to perform special work in
support of the combatant commands, except that--
``(A) general and flag officers may not be
excluded under this paragraph; and
``(B) the number of members of any of the
armed forces excluded under this paragraph may
not exceed the number equal to 0.2 percent of
the end strength authorized for active-duty
personnel of that armed force under subsection
(a)(1)(A).''.

SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL AND DENTAL OFFICERS
FROM LIMITATION ON STRENGTHS OF RESERVE
COMMISSIONED OFFICERS IN GRADES BELOW BRIGADIER
GENERAL.

Section 12005(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Medical officers and dental officers shall not be
counted for the purposes of this subsection.''.

SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN NUMBER OF RESERVE
COMPONENT PERSONNEL SERVING ON ACTIVE DUTY OR FULL-
TIME NATIONAL GUARD DUTY IN CERTAIN GRADES.

(a) Field Grade Officers.--Section 12011 of title 10,
United States Code, as amended by section 421(b), is amended by
adding at the end the following new subsection:
``(d) Upon increasing under subsection (c)(2) of section
115 of this title the end strength that is authorized under
subsection (a)(1)(B) of that section for a fiscal year for
active-duty personnel and full-time National Guard duty
personnel of an armed force who are to be paid from funds
appropriated for reserve personnel, the Secretary of Defense
may increase for that fiscal year the limitation that is set
forth in subsection (a) of this section for the number of
officers of that armed force serving in any grade if the
Secretary determines that such action is in the national
interest. The percent of the increase may not exceed the
percent by which the Secretary increases that end strength.''.
(b) Senior Enlisted Personnel.--Section 12012 of such
title, as amended by section 421(c), is amended by adding at
the end the following new subsection:
``(d) Upon increasing under subsection (c)(2) of section
115 of this title the end strength that is authorized under
subsection (a)(1)(B) of that section for a fiscal year for
active-duty personnel and full-time National Guard duty
personnel of an armed force who are to be paid from funds
appropriated for reserve personnel, the Secretary of Defense
may increase for that fiscal year the limitation that is set
forth in subsection (a) of this section for the number of
enlisted members of that armed force serving in any grade if
the Secretary determines that such action is in the national
interest. The percent of the increase may not exceed the
percent by which the Secretary increases that end strength.''.

Subtitle D--Authorization of Appropriations

SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2001 a total of $75,801,666,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2001.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Subtitle B--Reserve Component Personnel Policy

Subtitle C--Education and Training

Subtitle D--Decorations, Awards, and Commendations

Subtitle E--Military Justice and Legal Assistance Matters

Subtitle F--Matters Relating to Recruiting

Subtitle G--Other Matters

Subtitle A--Officer Personnel Policy

SEC. 501. ELIGIBILITY OF ARMY AND AIR FORCE RESERVE COLONELS AND
BRIGADIER GENERALS FOR POSITION VACANCY PROMOTIONS.

Section 14315(b) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting after ``(A) is
assigned to the duties of a general officer of the next
higher reserve grade in the Army Reserve'' the
following: ``or is recommended for such an assignment
under regulations prescribed by the Secretary of the
Army''; and
(2) in paragraph (2), by inserting after ``(A) is
assigned to the duties of a general officer of the next
higher reserve grade'' the following: ``or is
recommended for such an assignment under regulations
prescribed by the Secretary of the Air Force''.

SEC. 502. FLEXIBILITY IN ESTABLISHING PROMOTION ZONES FOR COAST GUARD
RESERVE OFFICERS.

(a) Coast Guard Reserve Officer Promotion System Based on
DOD ROPMA System.--Section 729(d) of title 14, United States
Code, is amended to read as follows:
``(d)(1) Before convening a selection board to recommend
Reserve officers for promotion, the Secretary shall establish a
promotion zone for officers serving in each grade to be
considered by the board. The Secretary shall determine the
number of officers in the promotion zone for officers serving
in any grade from among officers who are eligible for promotion
in that grade.
``(2)(A) Before convening a selection board to recommend
Reserve officers for promotion to a grade (other than the grade
of lieutenant (junior grade)), the Secretary shall determine
the maximum number of officers in that grade that the board may
recommend for promotion.
``(B) The Secretary shall make the determination under
subparagraph (A) of the maximum number that may be recommended
with a view to having in an active status a sufficient number
of Reserve officers in each grade to meet the needs of the
Coast Guard for Reserve officers in an active status.
``(C) In order to make the determination under subparagraph
(B), the Secretary shall determine the following:
``(i) The number of positions needed to accomplish
mission objectives that require officers in the grade
to which the board will recommend officers for
promotion.
``(ii) The estimated number of officers needed to
fill vacancies in such positions during the period in
which it is anticipated that officers selected for
promotion will be promoted.
``(iii) The number of officers authorized by the
Secretary to serve in an active status in the grade
under consideration.
``(iv) Any statutory limitation on the number of
officers in any grade authorized to be in an active
status.
``(3)(A) The Secretary may, when the needs of the Coast
Guard require, authorize the consideration of officers in a
grade above lieutenant (junior grade) for promotion to the next
higher grade from below the promotion zone.
``(B) When selection from below the promotion zone is
authorized, the Secretary shall establish the number of
officers that may be recommended for promotion from below the
promotion zone. That number may not exceed the number equal to
10 percent of the maximum number of officers that the board is
authorized to recommend for promotion, except that the
Secretary may authorize a greater number, not to exceed 15
percent of the total number of officers that the board is
authorized to recommend for promotion, if the Secretary
determines that the needs of the Coast Guard so require. If the
maximum number determined under this subparagraph is less than
one, the board may recommend one officer for promotion from
below the promotion zone.
``(C) The number of officers recommended for promotion from
below the promotion zone does not increase the maximum number
of officers that the board is authorized to recommend for
promotion under paragraph (2).''.
(b) Running Mate System Made Optional.--(1) Section 731 of
such title is amended--
(A) by designating the text of such section as
subsection (b);
(B) by inserting after the section heading the
following:
``(a) Authority To Use Running Mate System.--The Secretary
may by regulation implement section 729(d)(1) of this title by
requiring that the promotion zone for consideration of Reserve
officers in an active status for promotion to the next higher
grade be determined in accordance with a running mate system as
provided in subsection (b).'';
(C) in subsection (b), as designated by
subparagraph (A), by striking ``Subject to the
eligibility requirements of this subchapter, a Reserve
officer shall'' and inserting the following:
``Consideration for Promotion.--If promotion zones are
determined as authorized under subsection (a), a
Reserve officer shall, subject to the eligibility
requirements of this subchapter,''; and
(D) by adding at the end the following:
``(c) Consideration of Officers Below the Zone.--If the
Secretary authorizes the selection of officers for promotion
from below the promotion zone in accordance with section
729(d)(3) of this title, the number of officers to be
considered from below the zone may be established through the
application of the running mate system under this subchapter or
otherwise as the Secretary determines to be appropriate to meet
the needs of the Coast Guard.''.
(2)(A) The heading for such section is amended to read as
follows:

``Sec. 731. Establishment of promotion zones under running mate
system''.

(B) The item relating to such section in the table of
sections at the beginning of chapter 21 of such title is
amended to read as follows:

``731. Establishment of promotion zones under running mate system.''.

(c) Effective Date.--The amendments made by this section
shall apply with respect to selection boards convened under
section 730 of title 14, United States Code, on or after the
date of the enactment of this Act.

SEC. 503. TIME FOR RELEASE OF REPORTS OF OFFICER PROMOTION SELECTION
BOARDS.

(a) Active-Duty List Officer Boards.--Section 618(e) of
title 10, United States Code, is amended to read as follows:
``(e)(1) The names of the officers recommended for
promotion in the report of a selection board shall be
disseminated to the armed force concerned as follows:
``(A) In the case of officers recommended for
promotion to a grade below brigadier general or rear
admiral (lower half), such names may be disseminated
upon, or at any time after, the transmittal of the
report to the President.
``(B) In the case of officers recommended for
promotion to a grade above colonel or, in the case of
the Navy, captain, such names may be disseminated upon,
or at any time after, the approval of the report by the
President.
``(C) In the case of officers whose names have not
been sooner disseminated, such names shall be promptly
disseminated upon confirmation by the Senate.
``(2) A list of names of officers disseminated under
paragraph (1) may not include--
``(A) any name removed by the President from the
report of the selection board containing that name, if
dissemination is under the authority of subparagraph
(B) of such paragraph; or
``(B) the name of any officer whose promotion the
Senate failed to confirm, if dissemination is under the
authority of subparagraph (C) of such paragraph.''.
(b) Reserve Active-Status List Officer Boards.--The text of
section 14112 of title 10, United States Code, is amended to
read as follows:
``(a) Time for Dissemination.--The names of the officers
recommended for promotion in the report of a selection board
shall be disseminated to the armed force concerned as follows:
``(1) In the case of officers recommended for
promotion to a grade below brigadier general or rear
admiral (lower half), such names may be disseminated
upon, or at any time after, the transmittal of the
report to the President.
``(2) In the case of officers recommended for
promotion to a grade above colonel or, in the case of
the Navy, captain, such names may be disseminated upon,
or at any time after, the approval of the report by the
President.
``(3) In the case of officers whose names have not
been sooner disseminated, such names shall be promptly
disseminated--
``(A) upon confirmation of the promotion of
the officers by the Senate (in the case of
promotions required to be submitted to the
Senate for confirmation); or
``(B) upon the approval of the report by
the President (in the case of promotions not
required to be submitted to the Senate for
confirmation).
``(b) Names Not Disseminated.--A list of names of officers
disseminated under subsection (a) may not include--
``(1) any name removed by the President from the
report of the selection board containing that name, if
dissemination is under the authority of paragraph (2)
or (3)(B) of that subsection; or
``(2) the name of any officer whose promotion the
Senate failed to confirm, if dissemination is under the
authority of paragraph (3)(A) of that subsection.''.

SEC. 504. CLARIFICATION OF REQUIREMENTS FOR COMPOSITION OF ACTIVE-DUTY
LIST SELECTION BOARDS WHEN RESERVE OFFICERS ARE
UNDER CONSIDERATION.

(a) Clarification.--Section 612(a) of title 10, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``who are on the active-
duty list'' in the second sentence; and
(B) by inserting after the second sentence
the following new sentence: ``Each member of a
selection board (except as provided in
paragraphs (2), (3), and (4)) shall be an
officer on the active-duty list.''; and
(2) in paragraph (3)--
(A) by striking ``of that armed force, with
the exact number of reserve officers to be''
and inserting ``of that armed force on active
duty (whether or not on the active-duty list).
The actual number of reserve officers shall
be''; and
(B) by striking ``his discretion, except
that'' and inserting ``the Secretary's
discretion. Notwithstanding the first sentence
of this paragraph,''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to any selection board convened under section
611(a) of title 10, United States Code, on or after August 1,
1981.

SEC. 505. AUTHORITY TO ISSUE POSTHUMOUS COMMISSIONS IN THE CASE OF
MEMBERS DYING BEFORE OFFICIAL RECOMMENDATION FOR
APPOINTMENT OR PROMOTION IS APPROVED BY SECRETARY
CONCERNED.

(a) Repeal of Limitation to Deaths Occurring After
Secretarial Approval.--Subsection (a)(3) of section 1521 of
title 10, United States Code, is amended by striking ``and the
recommendation for whose appointment or promotion was approved
by the Secretary concerned''.
(b) Effective Date of Commission.--Subsection (b) of such
section is amended by striking ``approval'' both places it
appears and inserting ``official recommendation''.

SEC. 506. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE OF RESERVE
COMMISSIONED OFFICERS.

(a) Army.--Section 3961(a) of title 10, United States Code,
is amended by striking ``or for nonregular service under
chapter 1223 of this title''.
(b) Air Force.--Section 8961(a) of title 10, United States
Code, is amended by striking ``or for nonregular service under
chapter 1223 of this title''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply to Reserve commissioned officers who are
promoted to a higher grade as a result of selection for
promotion by a board convened under chapter 36 or 1403 of title
10, United States Code, or having been found qualified for
Federal recognition in a higher grade under chapter 3 of title
32, United States Code, after October 1, 1996.

SEC. 507. GRADE OF CHIEFS OF RESERVE COMPONENTS AND DIRECTORS OF
NATIONAL GUARD COMPONENTS.

(a) Chief of Army Reserve.--Subsections (b) and (c) of
section 3038 of title 10, United States Code, are amended to
read as follows:
``(b) Appointment.--(1) The President, by and with the
advice and consent of the Senate, shall appoint the Chief of
Army Reserve from general officers of the Army Reserve who have
had at least 10 years of commissioned service in the Army
Reserve.
``(2) The Secretary of Defense may not recommend an officer
to the President for appointment as Chief of Army Reserve
unless the officer--
``(A) is recommended by the Secretary of the Army;
and
``(B) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
``(3) An officer on active duty for service as the Chief of
Army Reserve shall be counted for purposes of the grade
limitations under sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may
waive subparagraph (B) of paragraph (2) with respect to the
appointment of an officer as Chief of Army Reserve if the
Secretary of the Army requests the waiver and, in the judgment
of the Secretary of Defense--
``(A) the officer is qualified for service in the
position; and
``(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Army
Reserve is appointed for a period of four years, but may be
removed for cause at any time. An officer serving as Chief of
Army Reserve may be reappointed for one additional four-year
period.
``(2) The Chief of Army Reserve, while so serving, holds
the grade of lieutenant general.''.
(b) Chief of Naval Reserve.--Subsections (b) and (c) of
section 5143 of such title are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the
advice and consent of the Senate, shall appoint the Chief of
Naval Reserve from flag officers of the Navy (as defined in
section 5001(1)) who have had at least 10 years of commissioned
service.
``(2) The Secretary of Defense may not recommend an officer
to the President for appointment as Chief of Naval Reserve
unless the officer--
``(A) is recommended by the Secretary of the Navy;
and
``(B) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
``(3) An officer on active duty for service as the Chief of
Naval Reserve shall be counted for purposes of the grade
limitations under sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may
waive subparagraph (B) of paragraph (2) with respect to the
appointment of an officer as Chief of Naval Reserve if the
Secretary of the Navy requests the waiver and, in the judgment
of the Secretary of Defense--
``(A) the officer is qualified for service in the
position; and
``(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Naval
Reserve is appointed for a term determined by the Chief of
Naval Operations, normally four years, but may be removed for
cause at any time. An officer serving as Chief of Naval Reserve
may be reappointed for one additional term of up to four years.
``(2) The Chief of Naval Reserve, while so serving, holds
the grade of vice admiral.''.
(c) Commander, Marine Forces Reserve.--Subsections (b) and
(c) of section 5144 of such title are amended to read as
follows:
``(b) Appointment.--(1) The President, by and with the
advice and consent of the Senate, shall appoint the Commander,
Marine Forces Reserve, from general officers of the Marine
Corps (as defined in section 5001(2)) who have had at least 10
years of commissioned service.
``(2) The Secretary of Defense may not recommend an officer
to the President for appointment as Commander, Marine Forces
Reserve, unless the officer--
``(A) is recommended by the Secretary of the Navy;
and
``(B) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
``(3) An officer on active duty for service as the
Commander, Marine Forces Reserve, shall be counted for purposes
of the grade limitations under sections 525 and 526 of this
title.
``(4) Until October 1, 2003, the Secretary of Defense may
waive subparagraph (B) of paragraph (2) with respect to the
appointment of an officer as Commander, Marine Forces Reserve,
if the Secretary of the Navy requests the waiver and, in the
judgment of the Secretary of Defense--
``(A) the officer is qualified for service in the
position; and
``(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Commander,
Marine Forces Reserve, is appointed for a term determined by
the Commandant of the Marine Corps, normally four years, but
may be removed for cause at any time. An officer serving as
Commander, Marine Forces Reserve, may be reappointed for one
additional term of up to four years.
``(2) The Commander, Marine Forces Reserve, while so
serving, holds the grade of lieutenant general.''.
(d) Chief of Air Force Reserve.--Subsections (b) and (c) of
section 8038 of such title are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the
advice and consent of the Senate, shall appoint the Chief of
Air Force Reserve from general officers of the Air Force
Reserve who have had at least 10 years of commissioned service
in the Air Force.
``(2) The Secretary of Defense may not recommend an officer
to the President for appointment as Chief of Air Force Reserve
unless the officer--
``(A) is recommended by the Secretary of the Air
Force; and
``(B) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
``(3) An officer on active duty for service as the Chief of
Air Force Reserve shall be counted for purposes of the grade
limitations under sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may
waive subparagraph (B) of paragraph (2) with respect to the
appointment of an officer as Chief of Air Force Reserve if the
Secretary of the Air Force requests the waiver and, in the
judgment of the Secretary of Defense--
``(A) the officer is qualified for service in the
position; and
``(B) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Air
Force Reserve is appointed for a period of four years, but may
be removed for cause at any time. An officer serving as Chief
of Air Force Reserve may be reappointed for one additional
four-year period.
``(2) The Chief of Air Force Reserve, while so serving,
holds the grade of lieutenant general.''.
(e) Directors in the National Guard Bureau.--Section
10506(a) of such title is amended--
(1) in subparagraphs (A) and (B) of paragraph (1),
by striking ``while so serving shall hold the grade of
major general or, if appointed to that position in
accordance with section 12505(a)(2) of this title, the
grade of lieutenant general, and'' and inserting
``shall be appointed in accordance with paragraph (3),
shall hold the grade of lieutenant general while so
serving, and shall''; and
(2) by adding at the end the following new
paragraph:
``(3)(A) The President, by and with the advice and consent
of the Senate, shall appoint the Director, Army National Guard,
from general officers of the Army National Guard of the United
States and shall appoint the Director, Air National Guard, from
general officers of the Air National Guard of the United
States.
``(B) The Secretary of Defense may not recommend an officer
to the President for appointment as Director, Army National
Guard, or as Director, Air National Guard, unless the officer--
``(i) is recommended by the Secretary of the
military department concerned; and
``(ii) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
``(C) An officer on active duty for service as the
Director, Army National Guard, or the Director, Air National
Guard, shall be counted for purposes of the grade limitations
under sections 525 and 526 of this title.
``(D) Until October 1, 2003, the Secretary of Defense may
waive clause (ii) of subparagraph (B) with respect to the
appointment of an officer as Director, Army National Guard, or
as Director, Air National Guard, if the Secretary of the
military department concerned requests the waiver and, in the
judgment of the Secretary of Defense--
``(i) the officer is qualified for service in the
position; and
``(ii) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.
``(E) The Director, Army National Guard, and the Director,
Air National Guard, are appointed for a period of four years,
but may be removed for cause at any time. An officer serving as
either Director may be reappointed for one additional four-year
period.''.
(f) Repeal of Superseded Section.--(1) Section 12505 of
such title is repealed.
(2) The table of sections at the beginning of chapter 1213
is amended by striking the item relating to section 12505.
(g) Conforming Increase in Authorized Number of O-9
Positions.--Section 525(b) of such title is amended--
(1) in paragraph (1)--
(A) by striking ``Army, Air Force, or
Marine Corps'' in the first sentence and
inserting ``Army or Air Force'';
(B) by striking ``15 percent'' both places
it appears and inserting ``15.7 percent'';
(C) by striking ``In the case of the Army
and Air Force, of'' at the beginning of the
second sentence and inserting ``Of''; and
(D) by inserting ``of the Army or Air
Force'' in the second sentence after ``general
officers''; and
(2) in paragraph (2)--
(A) by inserting ``(A)'' after ``(2)'';
(B) by striking ``15 percent'' both places
it appears and inserting ``15.7 percent''; and
(C) by adding at the end the following:
``(B) No appointment may be made in a grade above major
general in the Marine Corps if that appointment would result in
more than 16.2 percent of the general officers of the Marine
Corps on active duty being in grades above major general.''.
(h) Study of Increase in Grade for Vice Chief of National
Guard Bureau.--(1) The Secretary of Defense shall conduct a
study of the advisability of changing the grade authorized for
the Vice Chief of the National Guard Bureau from major general
to lieutenant general.
(2) As part of the study, the Chief of the National Guard
Bureau shall submit to the Secretary of Defense an analysis of
the functions and responsibilities of the Vice Chief of the
National Guard Bureau and the Chief's recommendation as to
whether the grade for the Vice Chief should be changed from
major general to lieutenant general.
(3) Not later than February 1, 2001, the Secretary shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the study. The report
shall include the following--
(A) the recommendation of the Chief of the National
Guard Bureau and any other information provided by the
Chief to the Secretary of Defense pursuant to paragraph
(2);
(B) the conclusions resulting from the study; and
(C) the Secretary's recommendations regarding
whether the grade authorized for the Vice Chief of the
National Guard Bureau should be changed to lieutenant
general.
(i) Implementation.--(1) An appointment or reappointment,
in the case of the incumbent in a reserve component chief
position, shall be made to each of the reserve component chief
positions not later than 12 months after the date of the
enactment of this Act, in accordance with the amendments made
by subsections (a) through (e).
(2) An officer serving in a reserve component chief
position on the date of the enactment of this Act may be
reappointed to that position under the amendments made by
subsection (a) through (e), if eligible and otherwise qualified
in accordance with those amendments. If such an officer is so
reappointed, the appointment may be made for the remainder of
the officer's original term or for a full new term, as
specified at the time of the appointment.
(3) An officer serving on the date of the enactment of this
Act in a reserve component chief position may continue to serve
in that position in accordance with the provisions of law in
effect immediately before the amendments made by this section
until a successor is appointed under paragraph (1) (or that
officer is reappointed under paragraph (1)).
(4) The amendments made by subsection (g) shall be
implemented so that each increase authorized by those
amendments in the number of officers in the grades of
lieutenant general and vice admiral is implemented on a case-
by-case basis with an initial appointment made after the date
of the enactment of this Act, as specified in paragraph (1), to
a reserve component chief position.
(5) For purposes of this subsection, the term ``reserve
component chief position'' means a position specified in
section 3038, 5143, 5144, or 8038 of title 10, United States
Code, or the position of Director, Army National Guard or
Director, Air National Guard under section 10506(a)(1) of such
title.

SEC. 508. REVISION TO RULES FOR ENTITLEMENT TO SEPARATION PAY FOR
REGULAR AND RESERVE OFFICERS.

(a) Regular Officers.--Subsection (a) of section 1174 of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(4) Notwithstanding paragraphs (1) and (2), an officer
who is subject to discharge under any provision of chapter 36
of this title or under section 580 or 6383 of this title by
reason of having twice failed of selection for promotion to the
next higher grade is not entitled to separation pay under this
section if that officer, after such second failure of selection
for promotion, is selected for, and declines, continuation on
active duty for a period that is equal to or more than the
amount of service required to qualify the officer for
retirement.''.
(b) Reserve Officers.--Subsection (c) of such section is
amended by adding at the end the following new paragraph:
``(4) In the case of an officer who is subject to discharge
or release from active duty under a law or regulation requiring
that an officer who has failed of selection for promotion to
the next higher grade for the second time be discharged or
released from active duty and who, after such second failure of
selection for promotion, is selected for, and declines,
continuation on active duty--
``(A) if the period of time for which the officer
was selected for continuation on active duty is less
than the amount of service that would be required to
qualify the officer for retirement, the officer's
discharge or release from active duty shall be
considered to be involuntary for purposes of paragraph
(1)(A); and
``(B) if the period of time for which the officer
was selected for continuation on active duty is equal
to or more than the amount of service that would be
required to qualify the officer for retirement, the
officer's discharge or release from active duty shall
not be considered to be involuntary for the purposes of
paragraph (1)(A).''.
(c) Effective Date.--Paragraph (4) of section 1174(a) of
title 10, United States Code, as added by subsection (a), and
paragraph (4) of section 1174(c) of such title, as added by
subsection (b), shall apply with respect to any offer of
selective continuation on active duty that is declined on or
after the date of the enactment of this Act.

Subtitle B--Reserve Component Personnel Policy

SEC. 521. EXEMPTION FROM ACTIVE-DUTY LIST FOR RESERVE OFFICERS ON
ACTIVE DUTY FOR A PERIOD OF THREE YEARS OR LESS.

Section 641(1) of title 10, United States Code, is
amended--
(1) by redesignating subparagraphs (D) through (G)
as subparagraphs (E) through (H), respectively; and
(2) by inserting after subparagraph (C) the
following new subparagraph:
``(D) on the reserve active-status list who
are on active duty under section 12301(d) of
this title, other than as provided in
subparagraph (C), under a call or order to
active duty specifying a period of three years
or less;''.

SEC. 522. TERMINATION OF APPLICATION REQUIREMENT FOR CONSIDERATION OF
OFFICERS FOR CONTINUATION ON THE RESERVE ACTIVE-
STATUS LIST.

Section 14701(a)(1) of title 10, United States Code, is
amended by striking ``Upon application, a reserve officer'' and
inserting ``A reserve officer''.

SEC. 523. AUTHORITY TO RETAIN AIR FORCE RESERVE OFFICERS IN ALL MEDICAL
SPECIALTIES UNTIL SPECIFIED AGE.

Section 14703(a)(3) of title 10, United States Code, is
amended by striking ``veterinary officer'' and all that follows
through the period and inserting ``Air Force nurse, Medical
Service Corps officer, biomedical sciences officer, or
chaplain.''.

SEC. 524. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO RESERVE
COMPONENT MEMBERS FOLLOWING RELEASE FROM ACTIVE
DUTY.

(a) Legal Services.--Section 1044(a) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (4) as paragraph
(5); and
(2) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Members of reserve components not covered by
paragraph (1) or (2) following release from active duty
under a call or order to active duty for more than 30
days issued under a mobilization authority (as
determined by the Secretary of Defense), for a period
of time, prescribed by the Secretary of Defense, that
begins on the date of the release and is not less than
twice the length of the period served on active duty
under that call or order to active duty.''.
(b) Dependents.--Paragraph (5) of such section, as
redesignated by subsection (a)(1), is amended by striking ``and
(3)'' and inserting ``(3), and (4)''.
(c) Implementing Regulations.--Regulations to implement the
amendments made by this section shall be prescribed not later
than 180 days after the date of the enactment of this Act.

SEC. 525. EXTENSION OF INVOLUNTARY CIVIL SERVICE RETIREMENT DATE FOR
CERTAIN RESERVE TECHNICIANS.

(a) Mandatory Retirement Not Applicable Until Age 60.--
Section 10218 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``and is age 60 or older
at that time'' after ``unreduced annuity'' in
paragraph (2);
(B) by inserting ``or is under age 60 at
that time'' after ``unreduced annuity'' in
paragraph (3)(A); and
(C) by inserting ``and becoming 60 years of
age'' after ``unreduced annuity'' in paragraph
(3)(B)(ii)(I); and
(2) in subsection (b)--
(A) by inserting ``and is age 60 or older''
after ``unreduced annuity'' in paragraph (1);
(B) by inserting ``or is under age 60''
after ``unreduced annuity'' in paragraph
(2)(A); and
(C) by inserting ``and becoming 60 years of
age'' after ``unreduced annuity'' in paragraph
(2)(B)(ii)(I).
(b) Transition Provision.--(1) An individual who before the
date of the enactment of this Act was involuntarily separated
or retired from employment as an Army Reserve or Air Force
Reserve technician under section 10218 of title 10, United
States Code, and who would not have been so separated if the
provisions of subsection (c) of that section, as amended by
subsection (a), had been in effect at the time of such
separation may, with the approval of the Secretary concerned,
be reinstated to the technician status held by that individual
immediately before that separation. The effective date of any
such reinstatement is the date the employee resumes technician
status.
(2) The authority under paragraph (1) applies only to
reinstatement for which an application is received by the
Secretary concerned before the end of the one-year period
beginning on the date of the enactment of this Act.

Subtitle C--Education and Training

SEC. 531. ELIGIBILITY OF CHILDREN OF RESERVES FOR PRESIDENTIAL
APPOINTMENT TO SERVICE ACADEMIES.

(a) United States Military Academy.--Section 4342(b)(1) of
title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``, other than
those granted retired pay under section 12731 of this
title (or under section 1331 of this title as in effect
before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the
following:
``(C) are serving as members of reserve
components and are credited with at least eight
years of service computed under section 12733
of this title; or
``(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not
having attained 60 years of age;''.
(b) United States Naval Academy.--Section 6954(b)(1) of
such title is amended--
(1) in subparagraph (B), by striking ``, other than
those granted retired pay under section 12731 of this
title (or under section 1331 of this title as in effect
before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the
following:
``(C) are serving as members of reserve
components and are credited with at least eight
years of service computed under section 12733
of this title; or
``(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not
having attained 60 years of age;''.
(c) United States Air Force Academy.--Section 9342(b)(1) of
such title is amended--
(1) in subparagraph (B), by striking ``, other than
those granted retired pay under section 12731 of this
title (or under section 1331 of this title as in effect
before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the
following:
``(C) are serving as members of reserve
components and are credited with at least eight
years of service computed under section 12733
of this title; or
``(D) would be, or who died while they
would have been, entitled to retired pay under
chapter 1223 of this title except for not
having attained 60 years of age;''.

SEC. 532. SELECTION OF FOREIGN STUDENTS TO RECEIVE INSTRUCTION AT
SERVICE ACADEMIES.

(a) United States Military Academy.--Section 4344(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(3) In selecting persons to receive instruction under
this section from among applicants from the countries approved
under paragraph (2), the Secretary of the Army shall give a
priority to persons who have a national service obligation to
their countries upon graduation from the Academy.''.
(b) United States Naval Academy.--Section 6957(a) of such
title is amended by adding at the end the following new
paragraph:
``(3) In selecting persons to receive instruction under
this section from among applicants from the countries approved
under paragraph (2), the Secretary of the Navy shall give a
priority to persons who have a national service obligation to
their countries upon graduation from the Academy.''.
(c) United States Air Force Academy.--Section 9344(a) of
such title is amended by adding at the end the following new
paragraph:
``(3) In selecting persons to receive instruction under
this section from among applicants from the countries approved
under paragraph (2), the Secretary of the Air Force shall give
a priority to persons who have a national service obligation to
their countries upon graduation from the Academy.''.
(d) Applicability.--The amendments made by this section
shall apply with respect to academic years that begin after
October 1, 2000.

SEC. 533. REVISION OF COLLEGE TUITION ASSISTANCE PROGRAM FOR MEMBERS OF
MARINE CORPS PLATOON LEADERS CLASS PROGRAM.

(a) Eligibility of Officers.--Section 16401 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``enlisted'' in
the matter preceding paragraph (1); and
(2) in subsection (b)(1)--
(A) by striking ``an enlisted member'' in
the matter preceding subparagraph (A) and
inserting ``a member''; and
(B) by striking ``an officer candidate in''
in subparagraph (A) and inserting ``a member
of''.
(b) Repeal of Age Limitations.--Subsection (b) of such
section is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C) and
(D) as subparagraphs (B) and (C), respectively;
and
(C) in subparagraph (C), as so
redesignated, by striking ``paragraph (3)'' and
inserting ``paragraph (2)'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph
(2); and
(4) in paragraph (2), as so redesignated, by
striking ``paragraph (1)(D)'' and inserting ``paragraph
(1)(C)''.
(c) Candidates for Law Degrees.--Subsection (a)(2) of such
section is amended by striking ``three'' and inserting
``four''.
(d) Sanctions; Exceptions.--Subsection (f) of such section
is amended--
(1) in paragraph (1)--
(A) by striking ``A member who'' and
inserting ``An enlisted member who'';
(B) by inserting ``and an officer who
receives financial assistance under this
section may be required to repay the full
amount of financial assistance,'' after ``for
more than four years,''; and
(C) by inserting ``or, if already a
commissioned officer in the Marine Corps,
refuses to accept an assignment on active duty
when offered'' in subparagraph (A) after ``when
offered''; and
(2) by striking paragraph (2) and inserting the
following:
``(2) The Secretary of the Navy may waive the requirements
of paragraph (1) in the case of a person who--
``(A) becomes unqualified to serve on active duty
as an officer due to a circumstance not within the
control of the person;
``(B) is not physically qualified for appointment
under section 532 of this title and later is determined
by the Secretary of the Navy under section 505 of this
title to be unqualified for service as an enlisted
member of the Marine Corps due to a physical or medical
condition that was not the result of misconduct or
grossly negligent conduct; or
``(C) fails to complete the military or academic
requirements of the Marine Corps Platoon Leaders Class
program due to a circumstance not within the control of
the person.''.
(e) Clarification of Service Excluded in Computation of
Creditable Service as a Marine Corps Officer.--(1) Section
205(f) of title 37, United States Code, is amended by striking
``that the officer performed concurrently as a member'' and
inserting ``that the officer performed concurrently as an
enlisted member''.
(2) Such section is further amended by striking ``section
12209'' and inserting ``section 12203''.
(f) Amendments of Headings.--(1) The heading of section
16401 of title 10, United States Code, is amended to read as
follows:

``Sec. 16401. Marine Corps Platoon Leaders Class: college tuition
assistance program''.

(2) The heading for subsection (a) of such section is
amended by striking ``for Financial Assistance Program''.
(g) Clerical Amendment.--The item relating to such section
in the table of chapters at the beginning of chapter 1611 of
title 10, United States Code, is amended to read as follows:

``16401. Marine Corps Platoon Leaders Class: college tuition assistance
program.''.

SEC. 534. REVIEW OF ALLOCATION OF JUNIOR RESERVE OFFICERS TRAINING
CORPS UNITS AMONG THE SERVICES.

(a) Reallocation of JROTC Units.--Not later than March 31,
2001, the Secretary of Defense shall--
(1) review the allocation among the military
departments of the statutory maximum number of Junior
Reserve Officers' Training Corps (JROTC) units; and
(2) redistribute the allocation of those units
planned (as of the date of the enactment of this Act)
for fiscal years 2001 through 2006 so as to increase
the number of units for a military department that
proposes to more quickly eliminate the current waiting
list for such units and to commit the necessary
resources for that purpose.
(b) Proposal for Increase in Statutory Maximum.--If, based
on the review under subsection (a) and the redistribution of
the allocation of JROTC units under that subsection, the
Secretary determines that an increase in the statutory maximum
number of such units is warranted, the Secretary shall include
a proposal for such an increase in the budget proposal of the
Department of Defense for fiscal year 2002.

SEC. 535. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL TO ENROLL CERTAIN
DEFENSE INDUSTRY CIVILIANS IN SPECIFIED PROGRAMS
RELATING TO DEFENSE PRODUCT DEVELOPMENT.

(a) In General.--(1) Chapter 605 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 7049. Defense industry civilians: admission to defense product
development program

``(a) Authority for Admission.--The Secretary of the Navy
may permit eligible defense industry employees to receive
instruction at the Naval Postgraduate School in accordance with
this section. Any such defense industry employee may only be
enrolled in, and may only be provided instruction in, a program
leading to a masters's degree in a curriculum related to
defense product development. No more than 10 such defense
industry employees may be enrolled at any one time. Upon
successful completion of the course of instruction in which
enrolled, any such defense industry employee may be awarded an
appropriate degree under section 7048 of this title.
``(b) Eligible Defense Industry Employees.--For purposes of
this section, an eligible defense industry employee is an
individual employed by a private firm that is engaged in
providing to the Department of Defense significant and
substantial defense-related systems, products, or services. A
defense industry employee admitted for instruction at the
school remains eligible for such instruction only so long at
that person remains employed by the same firm.
``(c) Annual Certification by the Secretary of the Navy.--
Defense industry employees may receive instruction at the
school during any academic year only if, before the start of
that academic year, the Secretary of the Navy determines, and
certifies to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives, that providing instruction to defense industry
employees under this section during that year--
``(1) will further the military mission of the
school;
``(2) will enhance the ability of the Department of
Defense and defense-oriented private sector contractors
engaged in the design and development of defense
systems to reduce the product and project lead times
required to bring such systems to initial operational
capability; and
``(3) will be done on a space-available basis and
not require an increase in the size of the faculty of
the school, an increase in the course offerings of the
school, or an increase in the laboratory facilities or
other infrastructure of the school.
``(d) Program Requirements.--The Secretary of the Navy
shall ensure that--
``(1) the curriculum for the defense product
development program in which defense industry employees
may be enrolled under this section is not readily
available through other schools and concentrates on
defense product development functions that are
conducted by military organizations and defense
contractors working in close cooperation; and
``(2) the course offerings at the school continue
to be determined solely by the needs of the Department
of Defense.
``(e) Tuition.--The Superintendent of the school shall
charge tuition for students enrolled under this section at a
rate not less than the rate charged for employees of the United
States outside the Department of the Navy.
``(f) Standards of Conduct.--While receiving instruction at
the school, students enrolled under this section, to the extent
practicable, are subject to the same regulations governing
academic performance, attendance, norms of behavior, and
enrollment as apply to Government civilian employees receiving
instruction at the school.
``(g) Use of Funds.--Amounts received by the school for
instruction of students enrolled under this section shall be
retained by the school to defray the costs of such instruction.
The source, and the disposition, of such funds shall be
specifically identified in records of the school.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``7049. Defense industry civilians: admission to defense product
development program.''.

(b) Program Evaluation and Report.--(1) Before the start of
the fourth year of instruction, but no earlier than the start
of the third year of instruction, of defense industry employees
at the Naval Postgraduate School under section 7049 of title
10, United States Code, as added by subsection (a), the
Secretary of the Navy shall conduct an evaluation of the
admission of such students under that section. The evaluation
shall include the following:
(A) An assessment of whether the authority for
instruction of nongovernment civilians at the school
has resulted in a discernible benefit for the
Government.
(B) Determination of whether the receipt and
disposition of funds received by the school as tuition
for instruction of such civilians at the school have
been properly identified in records of the school.
(C) A summary of the disposition and uses made of
those funds.
(D) An assessment of whether instruction of such
civilians at the school is in the best interests of the
Government.
(2) Not later than 30 days after completing the evaluation
referred to in paragraph (1), the Secretary of the Navy shall
submit to the Secretary of Defense a report on the program
under such section. The report shall include--
(A) the results of the evaluation under paragraph
(1);
(B) the Secretary's conclusions and recommendation
with respect to continuing to allow nongovernment
civilians to receive instruction at the Naval
Postgraduate School as part of a program related to
defense product development; and
(C) any proposals for legislative changes
recommended by the Secretary.
(3) Not later than 60 days after receiving the report of
the Secretary of the Navy under paragraph (2), the Secretary of
Defense shall submit the report, together with any comments
that the Secretary considers appropriate, to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.

Subtitle D--Decorations, Awards, and Commendations

SEC. 541. LIMITATION ON AWARD OF BRONZE STAR TO MEMBERS IN RECEIPT OF
IMMINENT DANGER PAY.

(a) In General.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1133. Bronze Star: limitation to members receiving imminent
danger pay

``The decoration known as the `Bronze Star' may only be
awarded to a member of the armed forces who is in receipt of
special pay under section 310 of title 37 at the time of the
events for which the decoration is to be awarded or who
receives such pay as a result of those events.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``1133. Bronze star: limitation to members receiving imminent danger
pay.''.

SEC. 542. CONSIDERATION OF PROPOSALS FOR POSTHUMOUS OR HONORARY
PROMOTIONS OR APPOINTMENTS OF MEMBERS OR FORMER
MEMBERS OF THE ARMED FORCES AND OTHER QUALIFIED
PERSONS.

(a) In General.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review
and recommendation

``(a) Review by Secretary Concerned.--Upon request of a
Member of Congress, the Secretary concerned shall review a
proposal for the posthumous or honorary promotion or
appointment of a member or former member of the armed forces,
or any other person considered qualified, that is not otherwise
authorized by law. Based upon such review, the Secretary shall
make a determination as to the merits of approving the
posthumous or honorary promotion or appointment and the other
determinations necessary to comply with subsection (b).
``(b) Notice of Results of Review.--Upon making a
determination under subsection (a) as to the merits of
approving the posthumous or honorary promotion or appointment,
the Secretary concerned shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives and to the requesting Member of
Congress notice in writing of one of the following:
``(1) The posthumous or honorary promotion or
appointment does not warrant approval on the merits.
``(2) The posthumous or honorary promotion or
appointment warrants approval and authorization by law
for the promotion or appointment is recommended.
``(3) The posthumous or honorary promotion or
appointment warrants approval on the merits and has
been recommended to the President as an exception to
policy.
``(4) The posthumous or honorary promotion or
appointment warrants approval on the merits and
authorization by law for the promotion or appointment
is required but is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a
statement of the reasons for the decision of the Secretary.
``(c) Definition.--In this section, the term `Member of
Congress' means--
``(1) a Senator; or
``(2) a Representative in, or a Delegate or
Resident Commissioner to, Congress.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review and
recommendation.''.

SEC. 543. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS
TO CERTAIN PERSONS.

(a) Waiver.--Any limitation established by law or policy
for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not apply
to awards of decorations described in this section, the award
of each such decoration having been determined by the Secretary
concerned to be warranted in accordance with section 1130 of
title 10, United States Code.
(b) Silver Star.--Subsection (a) applies to the award of
the Silver Star to Louis Rickler, of Rochester, New York, for
gallantry in action from August 18 to November 18, 1918, while
serving as a member of the Army.
(c) Distinguished Flying Cross.--Subsection (a) applies to
the award of the Distinguished Flying Cross for service during
World War II or Korea (including multiple awards to the same
individual) in the case of each individual concerning whom the
Secretary of the Navy (or an officer of the Navy acting on
behalf of the Secretary) submitted to the Committee on Armed
Services of the House of Representatives and the Committee on
Armed Services of the Senate, during the period beginning on
October 5, 1999, and ending on the day before the date of the
enactment of this Act, a notice as provided in section 1130(b)
of title 10, United States Code, that the award of the
Distinguished Flying Cross to that individual is warranted and
that a waiver of time restrictions prescribed by law for
recommendation for such award is recommended.

SEC. 544. ADDITION OF CERTAIN INFORMATION TO MARKERS ON GRAVES
CONTAINING REMAINS OF CERTAIN UNKNOWNS FROM THE
U.S.S. ARIZONA WHO DIED IN THE JAPANESE ATTACK ON
PEARL HARBOR ON DECEMBER 7, 1941.

(a) Information To Be Provided Secretary of Veterans
Affairs.--The Secretary of the Army shall provide to the
Secretary of Veterans Affairs certain information, as specified
in subsection (b), pertaining to the remains of certain unknown
persons that are interred in the National Memorial Cemetery of
the Pacific, Honolulu, Hawaii. The Secretary of Veterans
Affairs shall add to the inscriptions on the markers on the
graves containing those remains the information provided.
(b) Information To Be Added--The information to be added to
grave markers under subsection (a)--
(1) shall be determined by the Secretary of the
Army, based on a review of the information that, as of
the date of the enactment of this Act, has been
authenticated by the director of the Naval Historical
Center, Washington, D.C., pertaining to the interment
of remains of certain unknown casualties from the
U.S.S. Arizona who died as a result of the Japanese
attack on Pearl Harbor on December 7, 1941; and
(2) shall, at a minimum, indicate that the interred
remains are from the U.S.S. Arizona.
(c) Limitation of Scope of Section.--This section does not
impose any requirement on the Secretary of the Army to
undertake a review of any information pertaining to the
interred remains of any unknown person other than as provided
in subsection (b).

SEC. 545. SENSE OF CONGRESS ON THE COURT-MARTIAL CONVICTION OF CAPTAIN
CHARLES BUTLER MCVAY, COMMANDER OF THE U.S.S.
INDIANAPOLIS, AND ON THE COURAGEOUS SERVICE OF THE
CREW OF THAT VESSEL.

(a) Findings.--Congress makes the following findings:
(1) Shortly after midnight on the morning of July
30, 1945, during the closing days of World War II, the
United States Navy heavy cruiser U.S.S. Indianapolis
(CA-35) was torpedoed and sunk by the Japanese
submarine I-58 in what became the worst sea disaster in
the history of the United States Navy.
(2) Although approximately 900 of the ship's crew
of 1,196 survived the actual sinking, only 316 of those
courageous sailors survived when rescued after four and
a half days adrift in the open sea, the remainder
having perishing from battle wounds, drowning,
predatory shark attacks, exposure to the elements, and
lack of food and potable water.
(3) Rescue for the remaining 316 sailors came only
when they were spotted by chance by Navy Lieutenant
Wilbur C. Gwinn while flying a routine naval air patrol
mission.
(4) After the end of World War II, the commanding
officer of the U.S.S. Indianapolis, Captain Charles
Butler McVay, III, who was rescued with the other
survivors, was court-martialed for ``suffering a vessel
to be hazarded through negligence'' by failing to
zigzag (a naval tactic employed to help evade submarine
attacks) and was convicted even though--
(A) the choice to zigzag was left to
Captain McVay's discretion in his orders; and
(B) Motchisura Hashimoto, the commander of
the Japanese submarine that sank the U.S.S.
Indianapolis, and Glynn R. Donaho, a United
States Navy submarine commander highly
decorated for his service during World War II,
both testified at Captain McVay's court-martial
trial that the Japanese submarine could have
sunk the U.S.S. Indianapolis whether or not it
had been zigzagging, an assertion that has
since been reaffirmed in a letter to the
Chairman of the Committee on Armed Services of
the Senate dated November 24, 1999.
(5) Although not argued by Captain McVay's defense
counsel in the court-martial trial, poor visibility on
the night of the sinking (as attested in surviving crew
members' handwritten accounts recently discovered at
the National Archives) justified Captain McVay's choice
not to zigzag as that choice was consistent with the
applicable Navy directives in force in 1945, which
stated that, ``During thick weather and at night,
except on very clear nights or during bright moonlight,
vessels normally cease zig-zagging.''.
(6) Before the U.S.S. Indianapolis sailed from Guam
on what became her final voyage, Naval officials failed
to provide Captain McVay with available support that
was critical to the safety of the U.S.S. Indianapolis
and her crew by--
(A) disapproving a request made by Captain
McVay for a destroyer escort for the U.S.S.
Indianapolis across the Philippine Sea as being
``not necessary'';
(B) not informing Captain McVay that naval
intelligence sources, through signal
intelligence (the Japanese code having been
broken earlier in World War II), had become
aware that the Japanese submarine I-58 was
operating in the area of the U.S.S.
Indianapolis' course (as disclosed in evidence
presented in a hearing of the Committee on
Armed Services of the Senate conducted
September 14, 1999); and
(C) not informing Captain McVay of the
sinking of the destroyer escort U.S.S.
Underhill by a Japanese submarine within range
of the course of the U.S.S. Indianapolis four
days before the U.S.S. Indianapolis departed
Guam for the Philippine Islands.
(7) Captain McVay's court-martial initially was
opposed by his immediate command superiors, Fleet
Admiral Chester Nimitz (CINCPAC) and Vice Admiral
Raymond Spruance of the 5th fleet, for whom the U.S.S.
Indianapolis had served as flagship, but, despite their
recommendations, Secretary of the Navy James Forrestal
ordered the court-martial, largely on the basis of the
recommendation of Fleet Admiral Ernest King, Chief of
Naval Operations.
(8) There is no explanation on the public record
for the overruling by Secretary Forrestal of the
recommendations made by Admirals Nimitz and Spruance.
(9) Captain McVay was the only commander of a
United States Navy vessel lost in combat to enemy
action during World War II who was subjected to a
court-martial trial for such a loss, even though
several hundred United States Navy ships were lost in
combat to enemy action during World War II.
(10) The survivors of the U.S.S. Indianapolis
overwhelmingly conclude that Captain McVay was not at
fault in the loss of the Indianapolis and have
dedicated their lives to vindicating their Captain
McVay.
(11) Although promoted to the grade of rear admiral
in accordance with then-applicable law upon retirement
from the Navy in 1949, Captain McVay never recovered
from the stigma of his post-war court-martial and in
1968, tragically, took his own life.
(12) Charles Butler McVay, III--
(A) was a graduate of the United States
Naval Academy;
(B) was an exemplary career naval officer
with an outstanding record (including
participation in the amphibious invasions of
North Africa, the assault on Iwo Jima, and the
assault on Okinawa where the U.S.S.
Indianapolis under his command survived a
fierce kamikaze attack);
(C) was a recipient of the Silver Star
earned for courage under fire during the
Solomon Islands campaign; and
(D) with the crew of the U.S.S.
Indianapolis, had so thoroughly demonstrated
proficiency in naval warfare that the Navy
entrusted him and the crew of the U.S.S.
Indianapolis with transporting to the Pacific
theater components necessary for assembling the
atomic bombs that were exploded over Hiroshima
and Nagasaki to end the war with Japan
(delivery of such components to the island of
Tinian having been accomplished on July 25,
1945).
(b) Sense of Congress Concerning Charles Butler McVay,
III.--With respect to the sinking of the U.S.S. Indianapolis
(CA-35) on July 30, 1945, and the subsequent court-martial
conviction of the ship's commanding officer, Captain Charles
Butler McVay, III, arising from that sinking, it is the sense
of Congress, based on the review of evidence by the Senate and
the House of Representatives--
(1) that, in light of the remission by the
Secretary of the Navy of the sentence of the court-
martial and the restoration of Captain McVay to active
duty by the Chief of Naval Operations, Fleet Admiral
Chester Nimitz, the American people should now
recognize Captain McVay's lack of culpability for the
tragic loss of the U.S.S. Indianapolis and the lives of
the men who died as a result of the sinking of that
vessel; and
(2) that, in light of the fact that certain
exculpatory information was not available to the court-
martial board and that Captain McVay's conviction
resulted therefrom, Captain McVay's military record
should now reflect that he is exonerated for the loss
of the U.S.S. Indianapolis and so many of her crew.
(c) Unit Citation for Final Crew of U.S.S. Indianapolis.--
The Secretary of the Navy should award a Navy Unit Commendation
to the U.S.S. Indianapolis (CA-35) and her final crew.

SEC. 546. POSTHUMOUS ADVANCEMENT ON RETIRED LIST OF REAR ADMIRAL
HUSBAND E. KIMMEL AND MAJOR GENERAL WALTER C.
SHORT, SENIOR OFFICERS IN COMMAND IN HAWAII ON
DECEMBER 7, 1941.

(a) Findings.--Congress makes the following findings:
(1) The late Rear Admiral Husband E. Kimmel, while
serving in the temporary grade of admiral, was the
Commander in Chief of the United States Fleet and the
Commander in Chief, United States Pacific Fleet, at the
time of the Japanese attack on Pearl Harbor, Hawaii, on
December 7, 1941, with an excellent and unassailable
record throughout his career in the United States Navy
before that date.
(2) The late Major General Walter C. Short, while
serving in the temporary grade of lieutenant general,
was the Commander of the United States Army Hawaiian
Department, at the time of the Japanese attack on Pearl
Harbor, Hawaii, on December 7, 1941, with an excellent
and unassailable record throughout his career in the
United States Army before that date.
(3) Numerous investigations following the attack on
Pearl Harbor have documented that Admiral Kimmel and
Lieutenant General Short were not provided necessary
and critical intelligence that was available, that
foretold of war with Japan, that warned of imminent
attack, and that would have alerted them to prepare for
the attack, including such essential communiques as the
Japanese Pearl Harbor Bomb Plot message of September
24, 1941, and the message sent from the Imperial
Japanese Foreign Ministry to the Japanese Ambassador in
the United States from December 6 to 7, 1941, known as
the Fourteen-Part Message.
(4) On December 16, 1941, Admiral Kimmel and
Lieutenant General Short were relieved of their
commands and returned to their permanent grades of rear
admiral and major general, respectively.
(5) Admiral William Harrison Standley, who served
as a member of the investigating commission known as
the Roberts Commission that accused Admiral Kimmel and
Lieutenant General Short of ``dereliction of duty''
only six weeks after the attack on Pearl Harbor, later
disavowed the report, maintaining that ``these two
officers were martyred'' and ``if they had been brought
to trial, both would have been cleared of the charge''.
(6) On October 19, 1944, a Naval Court of Inquiry--
(A) exonerated Admiral Kimmel on the
grounds that his military decisions and the
disposition of his forces at the time of the
December 7, 1941, attack on Pearl Harbor were
proper ``by virtue of the information that
Admiral Kimmel had at hand which indicated
neither the probability nor the imminence of an
air attack on Pearl Harbor'';
(B) criticized the higher command for not
sharing with Admiral Kimmel ``during the very
critical period of November 26 to December 7,
1941, important information . . . regarding the
Japanese situation''; and
(C) concluded that the Japanese attack and
its outcome was attributable to no serious
fault on the part of anyone in the naval
service.
(7) On June 15, 1944, an investigation conducted by
Admiral T. C. Hart at the direction of the Secretary of
the Navy produced evidence, subsequently confirmed,
that essential intelligence concerning Japanese
intentions and war plans was available in Washington
but was not shared with Admiral Kimmel.
(8) On October 20, 1944, the Army Pearl Harbor
Board of Investigation determined that--
(A) Lieutenant General Short had not been
kept ``fully advised of the growing tenseness
of the Japanese situation which indicated an
increasing necessity for better preparation for
war'';
(B) detailed information and intelligence
about Japanese intentions and war plans were
available in ``abundance'' but were not shared
with Lieutenant General Short's Hawaii command;
and
(C) Lieutenant General Short was not
provided ``on the evening of December 6th and
the early morning of December 7th, the critical
information indicating an almost immediate
break with Japan, though there was ample time
to have accomplished this''.
(9) The reports by both the Naval Court of Inquiry
and the Army Pearl Harbor Board of Investigation were
kept secret, and Rear Admiral Kimmel and Major General
Short were denied their requests to defend themselves
through trial by court-martial.
(10) The joint committee of Congress that was
established to investigate the conduct of Admiral
Kimmel and Lieutenant General Short completed, on May
31, 1946, a 1,075-page report which included the
conclusions of the committee that the two officers had
not been guilty of dereliction of duty.
(11) On April 27, 1954, the Chief of Naval
Personnel, Admiral J. L. Holloway, Jr., recommended
that Rear Admiral Kimmel be advanced in rank in
accordance with the provisions of the Officer Personnel
Act of 1947.
(12) On November 13, 1991, a majority of the
members of the Board for the Correction of Military
Records of the Department of the Army found that Major
General Short ``was unjustly held responsible for the
Pearl Harbor disaster'' and that ``it would be
equitable and just'' to advance him to the rank of
lieutenant general on the retired list.
(13) In October 1994, the Chief of Naval
Operations, Admiral Carlisle Trost, withdrew his 1988
recommendation against the advancement of Rear Admiral
Kimmel and recommended that his case be reopened.
(14) Although the Dorn Report, a report on the
results of a Department of Defense study that was
issued on December 15, 1995, did not provide support
for an advancement of Rear Admiral Kimmel or Major
General Short in grade, it did set forth as a
conclusion of the study that ``responsibility for the
Pearl Harbor disaster should not fall solely on the
shoulders of Admiral Kimmel and Lieutenant General
Short, it should be broadly shared''.
(15) The Dorn Report found--
(A) that ``Army and Navy officials in
Washington were privy to intercepted Japanese
diplomatic communications . . . which provided
crucial confirmation of the imminence of war'';
(B) that ``the evidence of the handling of
these messages in Washington reveals some
ineptitude, some unwarranted assumptions and
misestimations, limited coordination, ambiguous
language, and lack of clarification and
followup at higher levels''; and
(C) that ``together, these characteristics
resulted in failure . . . to appreciate fully
and to convey to the commanders in Hawaii the
sense of focus and urgency that these
intercepts should have engendered''.
(16) On July 21, 1997, Vice Admiral David C.
Richardson (United States Navy, retired) responded to
the Dorn Report with his own study which confirmed
findings of the Naval Court of Inquiry and the Army
Pearl Harbor Board of Investigation and established,
among other facts, that the war effort in 1941 was
undermined by a restrictive intelligence distribution
policy, and the degree to which the commanders of the
United States forces in Hawaii were not alerted about
the impending attack on Hawaii was directly
attributable to the withholding of intelligence from
Admiral Kimmel and Lieutenant General Short.
(17) The Officer Personnel Act of 1947, in
establishing a promotion system for the Navy and the
Army, provided a legal basis for the President to honor
any officer of the Armed Forces of the United States
who served his country as a senior commander during
World War II with a placement of that officer, with the
advice and consent of the Senate, on the retired list
with the highest grade held while on the active duty
list.
(18) Rear Admiral Kimmel and Major General Short
are the only two officers eligible for advancement
under the Officer Personnel Act of 1947 as senior World
War II commanders who were excluded from the list of
retired officers presented for advancement on the
retired lists to their highest wartime grades under
that Act.
(19) This singular exclusion of those two officers
from advancement on the retired list serves only to
perpetuate the myth that the senior commanders in
Hawaii were derelict in their duty and responsible for
the success of the attack on Pearl Harbor, a distinct
and unacceptable expression of dishonor toward two of
the finest officers who have served in the Armed Forces
of the United States.
(20) Major General Walter Short died on September
23, 1949, and Rear Admiral Husband Kimmel died on May
14, 1968, without the honor of having been returned to
their wartime grades as were their fellow commanders of
World War II.
(21) The Veterans of Foreign Wars, the Pearl Harbor
Survivors Association, the Admiral Nimitz Foundation,
the Naval Academy Alumni Association, the Retired
Officers Association, and the Pearl Harbor
Commemorative Committee, and other associations and
numerous retired military officers have called for the
rehabilitation of the reputations and honor of Admiral
Kimmel and Lieutenant General Short through their
posthumous advancement on the retired lists to their
highest wartime grades.
(b) Advancement of Rear Admiral Kimmel and Major General
Short on Retired Lists.--(1) The President is requested--
(A) to advance the late Rear Admiral Husband E.
Kimmel, United States Navy (retired), to the grade of
admiral on the retired list of the Navy; and
(B) to advance the late Major General Walter C.
Short, United States Army (retired), to the grade of
lieutenant general on the retired list of the Army.
(2) Any advancement in grade on a retired list requested
under paragraph (1) shall not increase or change the
compensation or benefits from the United States to which any
person is now or may in the future be entitled based upon the
military service of the officer advanced.
(c) Sense of Congress Regarding the Professional
Performance of Admiral Kimmel and Lieutenant General Short.--It
is the sense of Congress--
(1) that the late Rear Admiral Husband E. Kimmel
performed his duties as Commander in Chief, United
States Pacific Fleet, competently and professionally
and, therefore, that the losses incurred by the United
States in the attacks on the naval base at Pearl
Harbor, Hawaii, and other targets on the island of
Oahu, Hawaii, on December 7, 1941, were not a result of
dereliction in the performance of those duties by then
Admiral Kimmel; and
(2) that the late Major General Walter C. Short
performed his duties as Commanding General, Hawaiian
Department, competently and professionally and,
therefore, that the losses incurred by the United
States in the attacks on Hickam Army Air Field and
Schofield Barracks, Hawaii, and other targets on the
island of Oahu, Hawaii, on December 7, 1941, were not a
result of dereliction in the performance of those
duties by then Lieutenant General Short.

SEC. 547. COMMENDATION OF CITIZENS OF REMY, FRANCE, FOR WORLD WAR II
ACTIONS.

(a) Findings.--The Congress finds the following:
(1) On August 2, 1944, a squadron of P-51s from the
United States 364th Fighter Group strafed a German
munitions train in Remy, France.
(2) The resulting explosion killed Lieutenant
Houston Braly, one of the attacking pilots, and
destroyed much of the village of Remy, including seven
stained glass windows in the 13th century church.
(3) Despite threats of reprisals from the occupying
German authorities, the citizens of Remy recovered
Lieutenant Braly's body from the wreckage, buried his
body with dignity and honor in the church's cemetery,
and decorated the grave site daily with fresh flowers.
(4) On Armistice Day, 1995, the village of Remy
renamed the crossroads near the site of Lieutenant
Braly's death in his honor.
(5) The surviving members of the 364th Fighter
Group desire to express their gratitude to the brave
citizens of Remy.
(6) To express their gratitude, the surviving
members of the 364th Fighter Group have organized a
nonprofit corporation to raise funds, through its
project ``Windows for Remy'', to restore the church's
stained glass windows.
(b) Commendation and Recognition.--The Congress commends
the bravery and honor of the citizens of Remy, France, for
their actions with respect to the American fighter pilot
Lieutenant Houston Braly during and after August 1944, and
recognizes the efforts of the surviving members of the United
States 364th Fighter Group to raise funds to restore the
stained glass windows of Remy's 13th century church.

SEC. 548. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO WILLIAM H.
PITSENBARGER FOR VALOR DURING THE VIETNAM WAR.

(a) Waiver of Time Limitations.--Notwithstanding the period
of limitations specified in section 8744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Air
Force, the President may award the Medal of Honor under section
8741 of that title, posthumously, to William H. Pitsenbarger of
Piqua, Ohio, for the acts of valor referred to in subsection
(b).
(b) Action Defined.--The acts of valor referred to in
subsection (a) are the actions of William H. Pitsenbarger on
April 11, 1966, as an Air Force pararescue crew member, serving
in the grade of Airman First Class at Cam My, Republic of
Vietnam, with Detachment 6, 38th Aerospace Rescue and Recovery
Helicopter Squadron, in support of the combat mission known as
``Operations Abilene''.

Subtitle E--Military Justice and Legal Assistance Matters

SEC. 551. RECOGNITION BY STATES OF MILITARY TESTAMENTARY INSTRUMENTS.

(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1044c the following
new section:

``Sec. 1044d. Military testamentary instruments: requirement for
recognition by States

``(a) Testamentary Instruments To Be Given Legal Effect.--A
military testamentary instrument--
``(1) is exempt from any requirement of form,
formality, or recording before probate that is provided
for testamentary instruments under the laws of a State;
and
``(2) has the same legal effect as a testamentary
instrument prepared and executed in accordance with the
laws of the State in which it is presented for probate.
``(b) Military Testamentary Instruments.--For purposes of
this section, a military testamentary instrument is an
instrument that is prepared with testamentary intent in
accordance with regulations prescribed under this section and
that--
``(1) is executed in accordance with subsection (c)
by (or on behalf of) a person, as a testator, who is
eligible for military legal assistance;
``(2) makes a disposition of property of the
testator; and
``(3) takes effect upon the death of the testator.
``(c) Requirements for Execution of Military Testamentary
Instruments.--An instrument is valid as a military testamentary
instrument only if--
``(1) the instrument is executed by the testator
(or, if the testator is unable to execute the
instrument personally, the instrument is executed in
the presence of, by the direction of, and on behalf of
the testator);
``(2) the instrument is executed in the presence of
a military legal assistance counsel acting as presiding
attorney;
``(3) the instrument is executed in the presence of
at least two disinterested witnesses (in addition to
the presiding attorney), each of whom attests to
witnessing the testator's execution of the instrument
by signing it; and
``(4) the instrument is executed in accordance with
such additional requirements as may be provided in
regulations prescribed under this section.
``(d) Self-Proving Military Testamentary Instruments.--(1)
If the document setting forth a military testamentary
instrument meets the requirements of paragraph (2), then the
signature of a person on the document as the testator, an
attesting witness, a notary, or the presiding attorney,
together with a written representation of the person's status
as such and the person's military grade (if any) or other
title, is prima facie evidence of the following:
``(A) That the signature is genuine.
``(B) That the signatory had the represented status
and title at the time of the execution of the will.
``(C) That the signature was executed in compliance
with the procedures required under the regulations
prescribed under subsection (f).
``(2) A document setting forth a military testamentary
instrument meets the requirements of this paragraph if it
includes (or has attached to it), in a form and content
required under the regulations prescribed under subsection (f),
each of the following:
``(A) A certificate, executed by the testator, that
includes the testator's acknowledgment of the
testamentary instrument.
``(B) An affidavit, executed by each witness
signing the testamentary instrument, that attests to
the circumstances under which the testamentary
instrument was executed.
``(C) A notarization, including a certificate of
any administration of an oath required under the
regulations, that is signed by the notary or other
official administering the oath.
``(e) Statement To Be Included.--(1) Under regulations
prescribed under this section, each military testamentary
instrument shall contain a statement that sets forth the
provisions of subsection (a).
``(2) Paragraph (1) shall not be construed to make
inapplicable the provisions of subsection (a) to a testamentary
instrument that does not include a statement described in that
paragraph.
``(f) Regulations.--Regulations for the purposes of this
section shall be prescribed jointly by the Secretary of Defense
and by the Secretary of Transportation with respect to the
Coast Guard when it is not operating as a service in the
Department of the Navy.
``(g) Definitions.--In this section:
``(1) The term `person eligible for military legal
assistance' means a person who is eligible for legal
assistance under section 1044 of this title.
``(2) The term `military legal assistance counsel'
means--
``(A) a judge advocate (as defined in
section 801(13) of this title); or
``(B) a civilian attorney serving as a
legal assistance officer under the provisions
of section 1044 of this title.
``(3) The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and each
possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1044c the following new item:

``1044d. Military testamentary instruments: requirement for recognition
by States.''.

SEC. 552. POLICY CONCERNING RIGHTS OF INDIVIDUALS WHOSE NAMES HAVE BEEN
ENTERED INTO DEPARTMENT OF DEFENSE OFFICIAL
CRIMINAL INVESTIGATIVE REPORTS.

(a) Policy Requirement.--The Secretary of Defense shall
establish a policy creating a uniform process within the
Department of Defense that--
(1) affords any individual who, in connection with
the investigation of a reported crime, is designated
(by name or by any other identifying information) as a
suspect in the case in any official investigative
report, or in a central index for potential retrieval
and analysis by law enforcement organizations, an
opportunity to obtain a review of that designation; and
(2) requires the expungement of the name and other
identifying information of any such individual from
such report or index in any case in which it is
determined the entry of such identifying information on
that individual was made contrary to Department of
Defense requirements.
(b) Effective Date.--The policy required by subsection (a)
shall be established not later than 120 days after the date of
the enactment of this Act.

SEC. 553. LIMITATION ON SECRETARIAL AUTHORITY TO GRANT CLEMENCY FOR
MILITARY PRISONERS SERVING SENTENCE OF CONFINEMENT
FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE.

(a) Limitation.--Section 874(a) of title 10, United States
Code (article 74(a) of the Uniform Code of Military Justice),
is amended by adding at the end the following new sentence:
``However, in the case of a sentence of confinement for life
without eligibility for parole, after the sentence is ordered
executed, the authority of the Secretary concerned under the
preceding sentence (1) may not be delegated, and (2) may be
exercised only after the service of a period of confinement of
not less than 20 years.''.
(b) Effective Date.--The amendment made by subsection (a)
shall not apply with respect to a sentence of confinement for
life without eligibility for parole that is adjudged for an
offense committed before the date of the enactment of this Act.

SEC. 554. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF MILITARY DEPARTMENT
CRIMINAL INVESTIGATIVE ORGANIZATIONS TO EXECUTE
WARRANTS AND MAKE ARRESTS.

(a) Department of the Army.--(1) Chapter 373 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 4027. Civilian special agents of the Criminal Investigation
Command: authority to execute warrants and make
arrests

``(a) Authority.--The Secretary of the Army may authorize
any Department of the Army civilian employee described in
subsection (b) to have the same authority to execute and serve
warrants and other processes issued under the authority of the
United States and to make arrests without a warrant as may be
authorized under section 1585a of this title for special agents
of the Defense Criminal Investigative Service.
``(b) Agents To Have Authority.--Subsection (a) applies to
any employee of the Department of the Army who is a special
agent of the Army Criminal Investigation Command (or a
successor to that command) whose duties include conducting,
supervising, or coordinating investigations of criminal
activity in programs and operations of the Department of the
Army.
``(c) Guidelines for Exercise of Authority.--The authority
provided under subsection (a) shall be exercised in accordance
with guidelines prescribed by the Secretary of the Army and
approved by the Secretary of Defense and the Attorney General
and any other applicable guidelines prescribed by the Secretary
of the Army, the Secretary of Defense, or the Attorney
General.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end following new item:

``4027. Civilian special agents of the Criminal Investigation Command:
authority to execute warrants and make arrests.''.

(b) Department of the Navy.--(1) Chapter 643 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 7480. Special agents of the Naval Criminal Investigative
Service: authority to execute warrants and make
arrests

``(a) Authority.--The Secretary of the Navy may authorize
any Department of the Navy civilian employee described in
subsection (b) to have the same authority to execute and serve
warrants and other processes issued under the authority of the
United States and to make arrests without a warrant as may be
authorized under section 1585a of this title for special agents
of the Defense Criminal Investigative Service.
``(b) Agents To Have Authority.--Subsection (a) applies to
any employee of the Department of the Navy who is a special
agent of the Naval Criminal Investigative Service (or any
successor to that service) whose duties include conducting,
supervising, or coordinating investigations of criminal activity in
programs and operations of the Department of the Navy.
``(c) Guidelines for Exercise of Authority.--The authority
provided under subsection (a) shall be exercised in accordance
with guidelines prescribed by the Secretary of the Navy and
approved by the Secretary of Defense and the Attorney General
and any other applicable guidelines prescribed by the Secretary
of the Navy, the Secretary of Defense, or the Attorney
General.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end following new item:

``7480. Special agents of the Naval Criminal Investigative Service:
authority to execute warrants and make arrests.''.

(c) Department of the Air Force.--(1) Chapter 873 of title
10, United States Code, is amended by adding at the end the
following new section:

``Sec. 9027. Civilian special agents of the Office of Special
Investigations: authority to execute warrants and
make arrests

``(a) Authority.--The Secretary of the Air Force may
authorize any Department of the Air Force civilian employee
described in subsection (b) to have the same authority to
execute and serve warrants and other processes issued under the
authority of the United States and to make arrests without a
warrant as may be authorized under section 1585a of this title
for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to
any employee of the Department of the Air Force who is a
special agent of the Air Force Office of Special Investigations
(or a successor to that office) whose duties include
conducting, supervising, or coordinating investigations of
criminal activity in programs and operations of the Department
of the Air Force.
``(c) Guidelines for Exercise of Authority.--The authority
provided under subsection (a) shall be exercised in accordance
with guidelines prescribed by the Secretary of the Air Force
and approved by the Secretary of Defense and the Attorney
General and any other applicable guidelines prescribed by the
Secretary of the Air Force, the Secretary of Defense, or the
Attorney General.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end following new item:

``9027. Civilian special agents of the Office of Special Investigations:
authority to execute warrants and make arrests.''.

SEC. 555. REQUIREMENT FOR VERBATIM RECORD IN CERTAIN SPECIAL COURT-
MARTIAL CASES.

(a) When Required.--Subsection (c)(1)(B) of section 854 of
title 10, United States Code (article 54 of the Uniform Code of
Military Justice), is amended by inserting after ``bad-conduct
discharge'' the following: ``, confinement for more than six
months, or forfeiture of pay for more than six months''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of April 1, 2000, and shall apply with
respect to charges referred on or after that date to trial by
special court-martial.

SEC. 556. COMMEMORATION OF THE 50TH ANNIVERSARY OF THE UNIFORM CODE OF
MILITARY JUSTICE.

(a) Findings.--Congress makes the following findings:
(1) The American military justice system predates
the United States itself, having had a continuous
existence since the enactment of the first American
Articles of War by the Continental Congress in 1775.
(2) Pursuant to article I of the Constitution,
which explicitly empowers Congress ``To make Rules for
the Government and Regulation of the land and naval
Forces'', Congress enacted the Articles of War and an
Act to Govern the Navy, which were revised on several
occasions between the ratification of the Constitution
and the end of World War II.
(3) Dissatisfaction with the administration of
military justice during World War I and World War II
(including dissatisfaction arising from separate
systems of justice for the Army and for the Navy and
Marine Corps) led both to significant statutory reforms
in the Articles of War and to the convening of a
committee, under Department of Defense auspices, to
draft a single code of military justice applicable
uniformly to all of the Armed Forces.
(4) The committee, chaired by Professor Edmund M.
Morgan of Harvard Law School, made recommendations that
formed the basis of bills introduced in Congress to
establish such a uniform code of military justice.
(5) After lengthy hearings and debate on the
congressional proposals, the Uniform Code of Military
Justice was enacted into law on May 5, 1950, when
President Harry S Truman signed the legislation.
(6) President Truman then issued a revised Manual
for Courts-Martial implementing the new code, and the
code became effective on May 31, 1951.
(7) One of the greatest innovations of the Uniform
Code of Military Justice (now codified as chapter 47 of
title 10, United States Code) was the establishment of
a civilian court of appeals within the military justice
system. That court, the United States Court of Military
Appeals (now the United States Court of Appeals for the
Armed Forces), held its first session on July 25, 1951.
(8) Congress enacted major revisions of the Uniform
Code of Military Justice in 1968 and 1983 and, in
addition, has amended the code from time to time over
the years as practice under the code indicated a need
for updating the substance or procedure of the law of
military justice.
(9) The evolution of the system of military justice
under the Uniform Code of Military Justice may be
traced in the decisions of the Courts of Criminal
Appeals of each of the Armed Forces and the decisions
of the United States Court of Appeals for the Armed
Forces. These courts have produced a unique body of
jurisprudence upon which commanders and judge advocates
rely in the performance of their duties.
(10) It is altogether fitting that the 50th
anniversary of the Uniform Code of Military Justice be
duly commemorated.
(b) Commemoration.--The Congress--
(1) requests the President to issue a proclamation
commemorating the 50th anniversary of the Uniform Code
of Military Justice; and
(2) calls upon the Department of Defense, the Armed
Forces, and the United States Court of Appeals for the
Armed Forces and interested organizations and members
of the bar and the public to commemorate the occasion
of that anniversary with ceremonies and activities
befitting its importance.

Subtitle F--Matters Relating to Recruiting

SEC. 561. ARMY RECRUITING PILOT PROGRAMS.

(a) Requirement for Programs.--The Secretary of the Army
shall carry out pilot programs to test various recruiting
approaches under this section for the following purposes:
(1) To assess the effectiveness of the recruiting
approaches for creating enhanced opportunities for
recruiters to make direct, personal contact with
potential recruits.
(2) To improve the overall effectiveness and
efficiency of Army recruiting activities.
(b) Outreach Through Motor Sports.--(1) One of the pilot
programs shall be a pilot program of public outreach that
associates the Army with motor sports competitions to achieve
the objectives set forth in paragraph (2).
(2) The events and activities undertaken under the pilot
program shall be designed to provide opportunities for Army
recruiters to make direct, personal contact with high school
students to achieve the following objectives:
(A) To increase enlistments by students graduating
from high school.
(B) To reduce attrition in the Delayed Entry
Program of the Army by sustaining the personal
commitment of students who have elected delayed entry
into the Army under the program.
(3) Under the pilot program, the Secretary of the Army
shall provide for the following:
(A) For Army recruiters or other Army personnel--
(i) to organize Army sponsored career day
events in association with national motor
sports competitions; and
(ii) to arrange for or encourage attendance
at the competitions by high school students,
teachers, guidance counselors, and
administrators of high schools located near the
competitions.
(B) For Army recruiters and other soldiers to
attend national motor sports competitions--
(i) to display exhibits depicting the
contemporary Army and career opportunities in
the Army; and
(ii) to discuss those opportunities with
potential recruits.
(C) For the Army to sponsor a motor sports racing
team as part of an integrated program of recruitment
and publicity for the Army.
(D) For the Army to sponsor motor sports
competitions for high school students at which
recruiters meet with potential recruits.
(E) For Army recruiters or other Army personnel to
compile in an Internet accessible database the names,
addresses, telephone numbers, and electronic mail
addresses of persons who are identified as potential
recruits through activities under the pilot program.
(F) Any other activities associated with motor
sports competition that the Secretary determines
appropriate for Army recruitment purposes.
(c) Outreach at Vocational Schools and Community
Colleges.--(1) One of the pilot programs shall be a pilot
program under which Army recruiters are assigned, as their
primary responsibility, at postsecondary vocational
institutions and community colleges for the purpose of
recruiting students graduating from those institutions and
colleges, recent graduates of those institutions and colleges,
and students withdrawing from enrollments in those institutions
and colleges.
(2) The Secretary of the Army shall select the institutions
and colleges to be invited to participate in the pilot program.
(3) The conduct of the pilot program at an institution or
college shall be subject to an agreement which the Secretary
shall enter into with the governing body or authorized official
of the institution or college, as the case may be.
(4) Under the pilot program, the Secretary shall provide
for the following:
(A) For Army recruiters to be placed in
postsecondary vocational institutions and community
colleges to serve as a resource for guidance counselors
and to recruit for the Army.
(B) For Army recruiters to recruit from among
students and graduates described in paragraph (1).
(C) For the use of telemarketing, direct mail,
interactive voice response systems, and Internet
website capabilities to assist the recruiters in the
postsecondary vocational institutions and community
colleges.
(D) For any other activities that the Secretary
determines appropriate for recruitment activities in
postsecondary vocational institutions and community
colleges.
(5) In this subsection, the term ``postsecondary vocational
institution'' has the meaning given the term in section 102(c)
of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).
(d) Contract Recruiting Initiatives.--(1) One of the pilot
programs shall be a program that expands in accordance with
this subsection the scope of the Army's contract recruiting
initiatives that are ongoing as of the date of the enactment of
this Act. Under the pilot program, the Secretary of the Army
shall select at least 10 recruiting companies to apply the
initiatives in efforts to recruit personnel for the Army.
(2) Under the pilot program, the Secretary shall provide
for the following:
(A) For replacement of the Regular Army recruiters
by contract recruiters in the 10 recruiting companies
selected under paragraph (1).
(B) For operation of the 10 companies under the
same rules and chain of command as the other Army
recruiting companies.
(C) For use of the offices, facilities, and
equipment of the 10 companies by the contract
recruiters.
(D) For reversion to performance of the recruiting
activities by Regular Army soldiers in the 10 companies
upon termination of the pilot program.
(E) For any other uses of contractor personnel for
Army recruiting activities that the Secretary
determines appropriate.
(e) Duration of Pilot Programs.--The pilot programs
required by this section shall be carried out during the period
beginning on October 1, 2000, and, subject to subsection (f),
ending on December 31, 2005.
(f) Authority To Expand or Extend Pilot Programs.--The
Secretary may expand the scope of any of the pilot programs
(under subsection (b)(3)(F), (c)(4)(D), (d)(2)(E), or
otherwise) or extend the period for any of the pilot programs.
Before doing so in the case of a pilot program, the Secretary
of the Army shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a written notification of the expansion of the
pilot program (together with the scope of the expansion) or the
continuation of the pilot program (together with the period of
the extension), as the case may be.
(g) Reports.--Not later than February 1, 2006, the
Secretary of the Army shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
separate report on each of the pilot programs carried out under
this section. The report on a pilot program shall include the
following:
(1) The Secretary's assessment of the value of the
actions taken in the administration of the pilot
program for increasing the effectiveness and efficiency
of Army recruiting.
(2) Any recommendations for legislation or other
action that the Secretary considers appropriate to
increase the effectiveness and efficiency of Army
recruiting.

SEC. 562. ENHANCEMENT OF RECRUITMENT MARKET RESEARCH AND ADVERTISING
PROGRAMS.

Section 503(a) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense shall act on a continuing
basis to enhance the effectiveness of recruitment programs of
the Department of Defense (including programs conducted jointly
and programs conducted by the separate armed forces) through an
aggressive program of advertising and market research targeted
at prospective recruits for the armed forces and those who may
influence prospective recruits. Subchapter I of chapter 35 of
title 44 shall not apply to actions taken as part of that
program.''.

SEC. 563. ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUITING PURPOSES.

(a) Requirement for Access.--Subsection (c) of section 503
of title 10, United States Code, is amended to read as follows:
``(c) Access to Secondary Schools.--(1) Each local
educational agency shall (except as provided under paragraph
(5)) provide to the Department of Defense, upon a request made
for military recruiting purposes, the same access to secondary
school students, and to directory information concerning such
students, as is provided generally to post-secondary
educational institutions or to prospective employers of those
students.
``(2) If a local educational agency denies a request by the
Department of Defense for recruiting access, the Secretary of
Defense, in cooperation with the Secretary of the military
department concerned, shall designate an officer in a grade not
below the grade of colonel or, in the case of the Navy,
captain, or a senior executive of that military department to
meet with representatives of that local educational agency in
person, at the offices of that agency, for the purpose of
arranging for recruiting access. The designated officer or
senior executive shall seek to have that meeting within 120
days of the date of the denial of the request for recruiting
access.
``(3) If, after a meeting under paragraph (2) with
representatives of a local educational agency that has denied a
request for recruiting access or (if the educational agency
declines a request for the meeting) after the end of such 120-
day period, the Secretary of Defense determines that the agency
continues to deny recruiting access, the Secretary shall
transmit to the chief executive of the State in which the
agency is located a notification of the denial of recruiting
access and a request for assistance in obtaining that access.
The notification shall be transmitted within 60 days after the
date of the determination. The Secretary shall provide to the
Secretary of Education a copy of such notification and any
other communication between the Secretary and that chief
executive with respect to such access.
``(4) If a local educational agency continues to deny
recruiting access one year after the date of the transmittal of
a notification regarding that agency under paragraph (3), the
Secretary--
``(A) shall determine whether the agency denies
recruiting access to at least two of the armed forces
(other than the Coast Guard when it is not operating as
a service in the Navy); and
``(B) upon making an affirmative determination
under subparagraph (A), shall transmit a notification
of the denial of recruiting access to--
``(i) the specified congressional
committees;
``(ii) the Senators of the State in which
the local educational agency is located; and
``(iii) the member of the House of
Representatives who represents the district in
which the local educational agency is located.
``(5) The requirements of this subsection do not apply to--
``(A) a local educational agency with respect to
access to secondary school students or access to
directory information concerning such students for any
period during which there is in effect a policy of that
agency, established by majority vote of the governing
body of the agency, to deny recruiting access to those
students or to that directory information,
respectively; or
``(B) a private secondary school which maintains a
religious objection to service in the armed forces and
which objection is verifiable through the corporate or
other organizational documents or materials of that
school.
``(6) In this subsection:
``(A) The term `local educational agency' means--
``(i) a local educational agency, within
the meaning of that term in section 14101(18)
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801(18)); and
``(ii) a private secondary school.
``(B) The term `recruiting access' means access
requested as described in paragraph (1).
``(C) The term `senior executive' has the meaning
given that term in section 3132(a)(3) of title 5.
``(D) The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, the
Virgin Islands, American Samoa, the Federated States of
Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau.
``(E) The term `specified congressional committees'
means the following:
``(i) The Committee on Armed Services and
the Committee on Health, Education, Labor, and
Pensions of the Senate.
``(ii) The Committee on Armed Services and
the Committee on Education and the Workforce of
the House of Representatives.
``(F) The term `member of the House of
Representatives' includes a Delegate or Resident
Commissioner to Congress.''.
(b) Definition of Directory Information.--Such section is
further amended--
(1) by striking paragraph (7) of subsection (b);
and
(2) by adding at the end the following new
subsection:
``(d) Directory Information Defined.--In this section, the
term `directory information' has the meaning given that term in
subsection (a)(5)(A) of section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).''.
(c) Technical Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Recruiting
Campaigns.--'' after ``(a)''; and
(2) in subsection (b), by inserting ``Compilation
of Directory Information.--'' after ``(b)''.
(d) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 2002.

SEC. 564. PILOT PROGRAM TO ENHANCE MILITARY RECRUITING BY IMPROVING
MILITARY AWARENESS OF SCHOOL COUNSELORS AND
EDUCATORS.

(a) In General.--The Secretary of Defense shall conduct a
pilot program to determine if cooperation with military
recruiters by local educational agencies and by institutions of
higher education could be enhanced by improving the
understanding of school counselors and educators about military
recruiting and military career opportunities. The pilot program
shall be conducted during a three-year period beginning not
later than 180 days after the date of the enactment of this
Act.
(b) Conduct of Pilot Program Through Participation in
Interactive Internet Site.--(1) The pilot program shall be
conducted by means of participation by the Department of Defense in a
qualifying interactive Internet site.
(2) For purposes of this section, a qualifying interactive
Internet site is an Internet site in existence as of the date
of the enactment of this Act that is designed to provide to
employees of local educational agencies and institutions of
higher education participating in the Internet site--
(A) systems for communicating;
(B) resources for individual professional
development;
(C) resources to enhance individual on-the-job
effectiveness; and
(D) resources to improve organizational
effectiveness.
(3) Participation in an Internet site by the Department of
Defense for purposes of this section shall include--
(A) funding;
(B) assistance; and
(C) access by other Internet site participants to
Department of Defense aptitude testing programs, career
development information, and other resources, in
addition to information on military recruiting and
career opportunities.
(c) Report.--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
providing the Secretary's findings and conclusions on the pilot
program not later than 180 days after the end of the three-year
program period.

Subtitle G--Other Matters

SEC. 571. EXTENSION TO END OF CALENDAR YEAR OF EXPIRATION DATE FOR
CERTAIN FORCE DRAWDOWN TRANSITION AUTHORITIES.

(a) Early Retirement Authority for Active Force Members.--
Section 4403 of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1293 note) is amended--
(1) in subsection (a), by striking ``through fiscal
year 1999'' and inserting ``during the active force
drawdown period''; and
(2) in subsection (i), by striking ``October 1,
2001'' and inserting ``December 31, 2001''.
(b) SSB and VSI.--Sections 1174a(h)(1) and 1175(d)(3) of
title 10, United States Code, are amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(c) Selective Early Retirement Boards.--Section 638a(a) of
such title is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(d) Time-in-Grade Requirement for Retention of Grade Upon
Voluntary Retirement.--Section 1370 of such title is amended by
striking ``September 30, 2001'' in subsections (a)(2)(A) and
(d)(5) and inserting ``December 31, 2001''.
(e) Minimum Commissioned Service for Voluntary Retirement
as an Officer.--Sections 3911(b), 6323(a)(2), and 8911(b) of
such title are amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(f) Travel, Transportation, and Storage Benefits.--Sections
404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and
406(g)(1)(C) of title 37, United States Code, and section
503(c)(1) of the National Defense Authorization Act for Fiscal
Year 1991 (37 U.S.C. 406 note) are amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(g) Educational Leave for Public and Community Service.--
Section 4463(f) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(h) Transitional Health Benefits.--Subsections (a)(1),
(c)(1), and (e) of section 1145 of title 10, United States
Code, are amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(i) Transitional Commissary and Exchange Benefits.--Section
1146 of such title is amended by striking ``September 30,
2001'' both places it appears and inserting ``December 31,
2001''.
(j) Transitional Use of Military Housing.--Paragraphs (1)
and (2) of section 1147(a) of such title are amended by
striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(k) Continued Enrollment of Dependents in Defense
Dependents' Education System.--Section 1407(c)(1) of the
Defense Dependents' Education Act of 1978 (20 U.S.C. 926(c)(1))
is amended by striking ``September 30, 2001'' and inserting
``December 31, 2001''.
(l) Force Reduction Transition Period Defined for Certain
Guard and Reserve Benefits.--Section 4411 of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681
note) is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(m) Temporary Special Authority for Force Reduction Period
Retirements.--Section 4416(b)(1) of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681 note)
is amended by striking ``October 1, 2001'' and inserting ``the
end of the force reduction period''.
(n) Retired Pay for Non-Regular Service.--(1) Section
12731(f) of title 10, United States Code, is amended by
striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(2) Section 12731a of such title is amended--
(A) in subsection (a)(1)(B), by striking ``October
1, 2001'' and inserting ``the end of the period
described in subsection (b)''; and
(B) in subsection (b), by striking ``October 1,
2001'' and inserting ``December 31, 2001''.
(o) Affiliation With Guard and Reserve Units; Waiver of
Certain Limitations.--Section 1150(a) of such title is amended
by striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(p) Reserve Montgomery GI Bill.--Section 16133(b)(1)(B) of
such title is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.

SEC. 572. VOLUNTARY SEPARATION INCENTIVE.

(a) Authority for Termination Upon Entitlement to Retired
Pay.--Section 1175(e)(3) of title 10, United States Code, is
amended--
(1) inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new
subparagraph:
``(B) If a member is receiving simultaneous voluntary
separation incentive payments and retired or retainer pay, the
member may elect to terminate the receipt of voluntary
separation incentive payments. Any such election is permanent
and irrevocable. The rate of monthly recoupment from retired or
retainer pay of voluntary separation incentive payments
received after such an election shall be reduced by a
percentage that is equal to a fraction with a denominator equal
to the number of months that the voluntary separation incentive
payments were scheduled to be paid and a numerator equal to the
number of months that would not be paid as a result of the
member's decision to terminate the voluntary separation
incentive.''.
(b) Effective Date.--Subparagraph (B) of section 1175(e)(3)
of title 10, United States Code, as added by subsection (a),
shall apply with respect to decisions by members to terminate
voluntary separation incentive payments under section 1175 of
title 10, United States Code, to be effective after September
30, 2000.

SEC. 573. CONGRESSIONAL REVIEW PERIOD FOR ASSIGNMENT OF WOMEN TO DUTY
ON SUBMARINES AND FOR ANY PROPOSED RECONFIGURATION
OR DESIGN OF SUBMARINES TO ACCOMMODATE FEMALE CREW
MEMBERS.

(a) In General.--(1) Chapter 555 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 6035. Female members: congressional review period for assignment
to duty on submarines or for reconfiguration of
submarines

``(a) No change in the Department of the Navy policy
limiting service on submarines to males, as in effect on May
10, 2000, may take effect until--
``(1) the Secretary of Defense submits to Congress
written notice of the proposed change; and
``(2) a period of 30 days of continuous session of
Congress (excluding any day on which either House of
Congress is not in session) expires following the date
on which the notice is received.
``(b) No funds available to the Department of the Navy may
be expended to reconfigure any existing submarine, or to design
any new submarine, to accommodate female crew members until--
``(1) the Secretary of Defense submits to Congress
written notice of the proposed reconfiguration or
design; and
``(2) a period of 30 days of continuous session of
Congress (excluding any day on which either House of
Congress is not in session) expires following the date
on which the notice is received.
``(c) For purposes of this section, the continuity of a
session of Congress is broken only by an adjournment of the
Congress sine die.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``6035. Female members: congressional review period for assignment to
duty on submarines or for reconfiguration of submarines.''.

(b) Conforming Amendment.--Section 542(a)(1) of the
National Defense Authorization Act for Fiscal Year 1994 (10
U.S.C. 113 note) is amended by inserting ``or by section 6035
of title 10, United States Code'' after ``Except in a case
covered by subsection (b)''.

SEC. 574. MANAGEMENT AND PER DIEM REQUIREMENTS FOR MEMBERS SUBJECT TO
LENGTHY OR NUMEROUS DEPLOYMENTS.

(a) Approving Authority for Lengthy Deployments of
Members.--Subsection (a) of section 991 of title 10, United
States Code, is amended--
(1) by striking ``unless an officer'' in the second
sentence of paragraph (1) and all that follows through
the period at the end of that sentence and inserting a
period and the following: ``However, the member may be
deployed, or continued in a deployment, without regard
to the preceding sentence if such deployment, or
continued deployment, is approved--
``(A) in the case of a member who is assigned to a
combatant command in a position under the operational
control of the officer in that combatant command who is
the service component commander for the members of that
member's armed force in that combatant command, by that
officer; and
``(B) in the case of a member not assigned as
described in subparagraph (A), by the service chief of
that member's armed force (or, if so designated by that
service chief, by an officer of the same armed force on
active duty who is in the grade of general or admiral
or who is the personnel chief for that armed force).'';
and
(2) by adding at the end the following new
paragraph:
``(3) In paragraph (1)(B), the term `service chief' means
the Chief of Staff of the Army, the Chief of Naval Operations,
the Chief of Staff of the Air Force, or the Commandant of the
Marine Corps.''.
(b) Clarification of Definition of Deployment.--Subsection
(b) of such section is amended--
(1) in paragraph (1), by inserting ``or homeport,
as the case may be'' before the period at the end;
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(3) by inserting after paragraph (1) the following
new paragraph (2):
``(2) In the case of a member of a reserve component
performing active service, the member shall be considered
deployed or in a deployment for the purposes of paragraph (1)
on any day on which, pursuant to orders that do not establish a
permanent change of station, the member is performing the
active service at a location that--
``(A) is not the member's permanent training site;
and
``(B) is--
``(i) at least 100 miles from the member's
permanent residence; or
``(ii) a lesser distance from the member's
permanent residence that, under the
circumstances applicable to the member's
travel, is a distance that requires at least
three hours of travel to traverse.''; and
(4) in paragraph (3), as redesignated by paragraph
(2) of this subsection--
(A) by striking ``or'' at the end of
subparagraph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) unavailable solely because of--
``(i) a hospitalization of the member at
the member's permanent duty station or homeport
or in the immediate vicinity of the member's
permanent residence; or
``(ii) a disciplinary action taken against
the member.''.
(c) Associated Per Diem Allowance.--Section 435 of title
37, United States Code (as added to that title effective
October 1, 2001, by section 586(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 638)) is amended--
(1) in subsection (a), by striking ``251 days or
more out of the preceding 365 days'' and inserting
``401 or more days out of the preceding 730 days''; and
(2) in subsection (b), by striking ``prescribed
under paragraph (3)'' and inserting ``prescribed under
paragraph (4)''.
(d) Review of Management of Deployments of Individual
Members.--Not later than March 31, 2002, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
administration of section 991 of title 10, United States Code,
during fiscal year 2001. The report shall include--
(1) a discussion of the experience in tracking and
recording the deployments of members of the Armed
Forces; and
(2) any recommendations for revision of such
section that the Secretary considers appropriate.
(e) Effective Date.--If this Act is enacted before October
1, 2000, the amendments made by subsections (a) and (b) shall
take effect on October 1, 2000, immediately after the amendment
made by section 586(a) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 637)
adding section 991 of title 10, United States Code, to such
title.

SEC. 575. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HONORS DUTY.

(a) Compensation at Rate for Inactive-Duty Training.--(1)
Section 115(b)(2) of title 32, United States Code, is amended
to read as follows:
``(2) as directed by the Secretary concerned,
either--
``(A) the allowance under section 435 of
title 37; or
``(B) compensation under section 206 of
title 37.''.
(2) Section 12503(b)(2) of title 10, United States Code, is
amended to read as follows:
``(2) as directed by the Secretary concerned,
either--
``(A) the allowance under section 435 of
title 37; or
``(B) compensation under section 206 of
title 37.''.
(b) Conforming Repeal.--Section 435 of title 37, United
States Code, is amended by striking subsection (c).
(c) Applicability.--The amendments made by this section
shall apply with respect to funeral honors duty performed on or
after October 1, 2000.

SEC. 576. TEST OF ABILITY OF RESERVE COMPONENT INTELLIGENCE UNITS AND
PERSONNEL TO MEET CURRENT AND EMERGING DEFENSE
INTELLIGENCE NEEDS.

(a) Test Program Required.--(1) Beginning not later than
June 1, 2001, the Secretary of Defense shall conduct a three-
year test program of reserve component intelligence units and
personnel. The purpose of the test program shall be--
(A) to determine the most effective peacetime
structure and operational employment of reserve
component intelligence assets for meeting current and
future Department of Defense peacetime operational
intelligence requirements; and
(B) to establish a means to coordinate and
transition that peacetime intelligence operational
support network into use for meeting wartime
requirements.
(2) The test program shall be carried out using the Joint
Reserve Intelligence Program and appropriate reserve component
intelligence units and personnel.
(3) In conducting the test program, the Secretary of
Defense shall expand the current Joint Reserve Intelligence
Program as needed to meet the objectives of the test program.
(b) Oversight Panel.--The Secretary shall establish an
oversight panel to structure the test program so as to achieve
the objectives of the test program, ensure proper funding for
the test program, and oversee the conduct and evaluation of the
test program. The panel members shall include--
(1) the Assistant Secretary of Defense for Command,
Control, Communications and Intelligence;
(2) the Assistant Secretary of Defense for Reserve
Affairs; and
(3) representatives from the Defense Intelligence
Agency, the Army, Navy, Air Force, and Marine Corps,
the Joint Staff, and the combatant commands.
(c) Test Program Objectives.--The test program shall have
the following objectives:
(1) To identify the range of peacetime roles and
missions that are appropriate for reserve component
intelligence units and personnel, including the
following missions: counterdrug, counterintelligence,
counterterrorism, information operations, information
warfare, and other emerging threats.
(2) To recommend a process for justifying and
validating reserve component intelligence force
structure and manpower to support the peacetime roles
and missions identified under paragraph (1) and to
establish a means to coordinate and transition that
peacetime operational support network and structure
into wartime requirements.
(3) To provide, pursuant to paragraphs (1) and (2),
the basis for new or revised intelligence and reserve
component policy guidelines for the peacetime use,
organization, management, infrastructure, and funding
of reserve component intelligence units and personnel.
(4) To determine the most effective structure,
organization, manning, and management of Joint Reserve
Intelligence Centers to enable them to be both reserve
training facilities and virtual collaborative
production facilities in support of Department of
Defense peacetime operational intelligence
requirements.
(5) To determine the most effective uses of
technology for virtual collaborative intelligence
operational support during peacetime and wartime.
(6) To determine personnel and career management
initiatives or modifications that are required to
improve the recruiting and retention of personnel in
the reserve component intelligence specialties and
occupational skills.
(7) To identify and make recommendations for the
elimination of statutory prohibitions and barriers to
using reserve component intelligence units and
individuals to carry out peacetime operational
requirements.
(d) Reports.--The Secretary of Defense shall submit to
Congress--
(1) interim reports on the status of the test
program not later than July 1, 2002, and July 1, 2003;
and
(2) a final report, with such recommendations for
changes as the Secretary considers necessary, not later
than December 1, 2004.

SEC. 577. NATIONAL GUARD CHALLENGE PROGRAM.

(a) Responsibility of Secretary of Defense.--Subsection (a)
of section 509 of title 32, United States Code, is amended by
striking ``, acting through the Chief of the National Guard
Bureau,''.
(b) Sources of Federal Support.--Subsection (b) of such
section is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense'';
(2) by striking ``, except that Federal
expenditures under the program may not exceed
$62,500,000 for any fiscal year''; and
(3) by adding at the end the following new
paragraphs:
``(2) The Secretary shall carry out the National Guard
Challenge Program using--
``(A) funds appropriated directly to the Secretary
of Defense for the program, except that the amount of
funds appropriated directly to the Secretary and
expended for the program in a fiscal year may not
exceed $62,500,000; and
``(B) nondefense funds made available or
transferred to the Secretary of Defense by other
Federal agencies to support the program.
``(3) Federal funds made available or transferred to the
Secretary of Defense under paragraph (2)(B) by other Federal
agencies to support the National Guard Challenge Program may be
expended for the program in excess of the fiscal year
limitation specified in paragraph (2)(A).''.
(c) Regulations.--Such section is further amended by adding
at the end the following new subsection:
``(m) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out the National Guard Challenge
Program. The regulations shall address at a minimum the
following:
``(1) The terms to be included in the program
agreements required by subsection (c).
``(2) The qualifications for persons to participate
in the program, as required by subsection (e).
``(3) The benefits authorized for program
participants, as required by subsection (f).
``(4) The status of National Guard personnel
assigned to duty in support of the program under
subsection (g).
``(5) The conditions for the use of National Guard
facilities and equipment to carry out the program, as
required by subsection (h).
``(6) The status of program participants, as
described in subsection (i).
``(7) The procedures to be used by the Secretary
when communicating with States about the program.''.
(d) Conforming Amendment.--Section 2033 of title 10, United
States Code, is amended by striking ``appropriated for'' and
inserting ``appropriated directly to the Secretary of Defense
for''.

SEC. 578. STUDY OF USE OF CIVILIAN CONTRACTOR PILOTS FOR OPERATIONAL
SUPPORT MISSIONS.

(a) Study.--The Secretary of Defense shall conduct a study
to determine the feasibility and cost, as well as the
advantages and disadvantages, of using civilian contractor
personnel as pilots and other air crew members to fly
nonmilitary Government aircraft (referred to as ``operational
support aircraft'') to perform non-combat personnel
transportation missions worldwide. In carrying out the study,
the Secretary shall consider the views and recommendations of
the Chairman of the Joint Chiefs and the other members of the
Joint Chiefs of Staff.
(b) Matters to Be Included.--The study shall, as a
minimum--
(1) determine whether use of civilian contractor
personnel as pilots and other air crew members for such
operational support missions would be a cost effective
means of freeing for duty in units with combat and
combat support missions those military pilots and other
personnel who now perform such operational support
missions; and
(2) the effect on retention of military pilots and
other personnel if they are no longer required to fly
operational support missions.
(c) Submission of Report.--The Secretary shall submit a
report containing the results of the study to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives not later than six
months after the date of the enactment of this Act.

SEC. 579. REIMBURSEMENT FOR EXPENSES INCURRED BY MEMBERS IN CONNECTION
WITH CANCELLATION OF LEAVE ON SHORT NOTICE.

(a) Reimbursement Authorized.--Chapter 53 of title 10,
United States Code, is amended by inserting after section 1053
the following new section:

``Sec. 1053a. Expenses incurred in connection with leave canceled due
to contingency operations: reimbursement

``(a) Authorization To Reimburse.--The Secretary concerned
may reimburse a member of the armed forces under the
jurisdiction of the Secretary for travel and related expenses
(to the extent not otherwise reimbursable under law) incurred
by the member as a result of the cancellation of previously
approved leave when the leave is canceled in connection with
the member's participation in a contingency operation and the
cancellation occurs within 48 hours of the time the leave would
have commenced.
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations to establish the criteria for the
applicability of subsection (a).
``(c) Conclusiveness of Settlement.--The settlement of an
application for reimbursement under subsection (a) is final and
conclusive.''.
(b) Effective Date.--Section 1053a of title 10, United
States Code, as added by subsection (a) shall apply with
respect to any travel and related expenses incurred by a member
in connection with leave canceled after the date of the
enactment of this Act.
(c) Conforming and Clerical Amendments.--(1) The heading of
section 1052 of such title is amended to read as follows:

``Sec. 1052. Adoption expenses: reimbursement''.

(2) The heading of section 1053 of such title is amended to
read as follows:

``Sec. 1053. Financial institution charges incurred because of
Government error in direct deposit of pay:
reimbursement''.

(3) The table of sections at the beginning of chapter 53 of
such title is amended by striking the items relating to
sections 1052 and 1053 and inserting the following:

``1052. Adoption expenses: reimbursement.
``1053. Financial institution charges incurred because of Government
error in direct deposit of pay: reimbursement.
``1053a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement.''.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Subtitle B--Bonuses and Special and Incentive Pays

Subtitle C--Travel and Transportation Allowances

Subtitle D--Retirement and Survivor Benefit Matters

Subtitle E--Other Matters

Subtitle A--Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.

(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2001 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2001,
the rates of monthly basic pay for members of the uniformed
services are increased by 3.7 percent.

SEC. 602. ADDITIONAL RESTRUCTURING OF BASIC PAY RATES FOR ENLISTED
MEMBERS.

(a) Minimum Pay Increases for Mid-Level Enlisted Grades.--
(1) Subject to paragraph (2), effective on July 1, 2001, the
rates of monthly basic pay for enlisted members of the Armed
Forces in the pay grades E-7, E-6, and E-5 shall be as follows:

ENLISTED MEMBERS
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-7.............. 1,831.20 1,999.20 2,075.10 2,149.80 2,228.10
E-6.............. 1,575.00 1,740.30 1,817.40 1,891.80 1,969.80
E-5.............. 1,381.80 1,549.20 1,623.90 1,701.00 1,779.30
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-7.............. 2,362.20 2,437.80 2,512.80 2,588.10 2,666.10
E-6.............. 2,097.30 2,174.10 2,248.80 2,325.00 2,379.60
E-5.............. 1,888.50 1,962.90 2,040.30 2,040.30 2,040.30
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-7.............. 2,742.00 2,817.90 2,949.60 3,034.80 3,250.50
E-6.............. 2,421.30 2,421.30 2,421.30 2,421.30 2,421.30
E-5.............. 2,040.30 2,040.30 2,040.30 2,040.30 2,040.30
------------------------------------------------------------------------

(2) The amounts specified in the table in paragraph (1) are
subject to such revision as the Secretary of Defense and the
Secretary of Transportation may prescribe under subsection
(b)(1)(A).
(b) Secretarial Authority to Further Revise.--(1) To ensure
the efficient and effective operation of the military pay
system, the Secretary of Defense, and the Secretary of
Transportation with regard to the Coast Guard, may--
(A) further increase any of the amounts specified
in the table in subsection (a) for enlisted members of
the Armed Forces in the pay grades E-7, E-6, and E-5;
and
(B) increase any of the amounts specified for other
enlisted members in the table under the heading
``ENLISTED MEMBERS'' in section 601(c) of the National
Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 648), as adjusted on January 1,
2001, pursuant to section 601(b) of this Act.
(2) The revisions in monthly basic pay made by the
Secretary of Defense and the Secretary of Transportation under
paragraph (1) shall take effect on July 1, 2001, but only if
the Secretaries also comply with paragraph (3).
(3) If the Secretary of Defense or the Secretary of
Transportation exercises the authority provided by paragraph
(1), the Secretaries shall include, in the budget justification
materials submitted to Congress in support of the President's
budget submitted under section 1105 of title 31, United States
Code, for fiscal year 2002--
(A) a revised pay table for enlisted members of the
Armed Forces to reflect the increases in monthly basic
pay to take effect on July 1, 2001; and
(B) a description of the various increases made and
the reasons therefor.

SEC. 603. REVISED METHOD FOR CALCULATION OF BASIC ALLOWANCE FOR
SUBSISTENCE.

(a) Annual Revision of Rate.--Subsection (b) of section 402
of title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``The monthly
rate'' and inserting ``Through December 31, 2001, the
monthly rate'';
(2) by redesignating paragraph (2) as paragraph
(3); and
(3) by inserting after paragraph (1) the following
new paragraph:
``(2) On and after January 1, 2002, the monthly rate of
basic allowance for subsistence to be in effect for an enlisted
member for a year (beginning on January 1 of that year) shall
be equal to the sum of--
``(A) the monthly rate of basic allowance for
subsistence that was in effect for an enlisted member
for the preceding year; plus
``(B) the product of the monthly rate under
subparagraph (A) and the percentage increase in the
monthly cost of a liberal food plan for a male in the
United States who is between 20 and 50 years of age
over the preceding fiscal year, as determined by the
Secretary of Agriculture each October 1.''.
(b) Conforming Amendment.--Subsection (d)(1) of such
section is amended by striking ``established under subsection
(b)(1)'' and inserting ``in effect under paragraph (1) or (2)
of subsection (b)''.
(c) Early Termination of BAS Transitional Authority.--
Effective October 1, 2001, subsections (c) through (f) of
section 602 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 37 U.S.C. 402 note) are
repealed.

SEC. 604. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOWANCE FOR LOW-INCOME
MEMBERS OF THE ARMED FORCES.

(a) Supplemental Allowance Required.--(1) Chapter 7 of
title 37, United States Code, is amended by inserting after
section 402 the following new section:

``Sec. 402a. Supplemental subsistence allowance for low-income members
with dependents

``(a) Supplemental Allowance Required.--(1) The Secretary
concerned shall increase the basic allowance for subsistence to
which a member of the armed forces described in subsection (b)
is otherwise entitled under section 402 of this title by an
amount (in this section referred to as the `supplemental
subsistence allowance') designed to remove the member's
household from eligibility for benefits under the food stamp
program.
``(2) The supplemental subsistence allowance may not exceed
$500 per month. In establishing the amount of the supplemental
subsistence allowance to be paid an eligible member under this
paragraph, the Secretary shall take into consideration the
amount of the basic allowance for housing that the member
receives under section 403 of this title or would otherwise
receive under such section, in the case of a member who is not
entitled to that allowance as a result of assignment to
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service.
``(3) In the case of a member described in subsection (b)
who establishes to the satisfaction of the Secretary concerned
that the allotment of the member's household under the food
stamp program, calculated in the absence of the supplemental
subsistence allowance, would exceed the amount established by
the Secretary concerned under paragraph (2), the amount of the
supplemental subsistence allowance for the member shall be
equal to the lesser of the following:
``(A) The value of that allotment.
``(B) $500.
``(b) Members Entitled to Allowance.--(1) Subject to
subsection (d), a member of the armed forces is entitled to
receive the supplemental subsistence allowance if the Secretary
concerned determines that the member's income, together with
the income of the rest of the member's household (if any), is
within the highest income standard of eligibility, as then in
effect under section 5(c) of the Food Stamp Act of 1977 (7
U.S.C. 2014(c)) and without regard to paragraph (1) of such
section, for participation in the food stamp program.
``(2) In determining whether a member meets the eligibility
criteria under paragraph (1), the Secretary--
``(A) shall not take into consideration the amount
of the supplemental subsistence allowance payable under
this section; but
``(B) shall take into consideration the amount of
the basic allowance for housing that the member
receives under section 403 of this title or would
otherwise receive under such section, in the case of a
member who is not entitled to that allowance as a
result of assignment to quarters of the United States
or a housing facility under the jurisdiction of a
uniformed service.
``(c) Application for Allowance.--To request the
supplemental subsistence allowance, a member shall submit an
application to the Secretary concerned in such form and
containing such information as the Secretary concerned may
prescribe. A member applying for the supplemental subsistence
allowance shall furnish such evidence regarding the member's
satisfaction of the eligibility criteria under subsection (b)
as the Secretary concerned may require.
``(d) Effective Period.--The entitlement of a member to
receive the supplemental subsistence allowance terminates upon
the occurrence of any of the following events, even though the
member continues to meet the eligibility criteria described in
subsection (b):
``(1) Payment of the supplemental subsistence
allowance for 12 consecutive months.
``(2) Promotion of the member to a higher grade.
``(3) Transfer of the member in a permanent change
of station.
``(e) Reapplication.--Upon the termination of the effective
period of the supplemental subsistence allowance for a member,
or in anticipation of the imminent termination of the
allowance, a member may reapply for the allowance under
subsection (c), and the Secretary concerned shall approve the
application and resume payment of the allowance to the member,
if the member continues to meet, or once again meets, the
eligibility criteria described in subsection (b).
``(f) Reporting Requirement.--Not later than March 1 of
each year after 2001, the Secretary of Defense shall submit to
Congress a report specifying the number of members of the armed
forces who received, at any time during the preceding year, the
supplemental subsistence allowance. In preparing the report,
the Secretary of Defense shall consult with the Secretary of
Transportation. No report is required under this subsection
after March 1, 2006.
``(g) Definitions.--In this section:
``(1) The term `Secretary concerned' means--
``(A) the Secretary of Defense; and
``(B) the Secretary of Transportation, with
respect to the Coast Guard when it is not
operating as a service in the Navy.
``(2) The terms `allotment' and `household' have
the meanings given those terms in section 3 of the Food
Stamp Act of 1977 (7 U.S.C. 2012).
``(3) The term `food stamp program' means the
program established pursuant to section 4 of the Food
Stamp Act of 1977 (7 U.S.C. 2013).
``(h) Termination of Authority.--No supplemental
subsistence allowance may be provided under this section after
September 30, 2006.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 402
the following:

``402a. Supplemental subsistence allowance for low-income members with
dependents.''.

(b) Effective Date.--Section 402a of title 37, United
States Code, as added by subsection (a), shall take effect on
the first day of the first month that begins not less than 180
days after the date of the enactment of this Act.

SEC. 605. BASIC ALLOWANCE FOR HOUSING.

(a) Calculation of Rates.--Subsection (b) of section 403 of
title 37, United States Code, is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph
(2); and
(3) by inserting after the subsection heading the
following: ``(1) The Secretary of Defense shall
prescribe the rates of the basic allowance for housing
that are applicable for the various military housing
areas in the United States. The rates for an area shall
be based on the costs of adequate housing determined
for the area under paragraph (2).''.
(b) Minimum Annual Amount Available for Housing
Allowances.--Subsection (b) of such section is further
amended--
(1) by striking paragraphs (3) and (5); and
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) The total amount that may be paid for a fiscal year
for the basic allowance for housing under this subsection may
not be less than the product of--
``(A) the total amount authorized to be paid for
such allowance for the preceding fiscal year; and
``(B) a fraction--
``(i) the numerator of which is the index
of the national average monthly cost of housing
for June of the preceding fiscal year; and
``(ii) the denominator of which is the
index of the national average monthly cost of
housing for June of the second preceding fiscal
year.''.
(c) Limitations on Reduction in Member's Allowance.--(1)
Paragraph (6) of such subsection is amended by striking ``,
changes in the national average monthly cost of housing,''.
(2) Paragraph (7) of such subsection is amended by striking
``without dependents''.
(d) Allowance When Dependents Are Unable To Accompany
Members.--Subsection (d) of such section is amended by striking
paragraph (3) and inserting the following new paragraph:
``(3) If a member with dependents is assigned to duty in an
area that is different from the area in which the member's
dependents reside, the member is entitled to a basic allowance
for housing as provided in subsection (b) or (c), whichever
applies to the member, subject to the following:
``(A) If the member's assignment to duty in that
area, or the circumstances of that assignment, require
the member's dependents to reside in a different area,
as determined by the Secretary concerned, the amount of
the basic allowance for housing for the member shall be
based on the area in which the dependents reside or the
member's last duty station, whichever the Secretary
concerned determines to be most equitable.
``(B) If the member's assignment to duty in that
area is under the conditions of a low-cost or no-cost
permanent change of station or permanent change of
assignment, the amount of the basic allowance for
housing for the member shall be based on the member's
last duty station if the Secretary concerned determines
that it would be inequitable to base the allowance on
the cost of housing in the area to which the member is
reassigned.''.
(e) Extension of Transition Period.--Section 603(b) of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 37 U.S.C. 403 note) is amended by striking ``six
years'' and inserting ``eight years''.
(f) Effective Date; Application.--(1) The amendments made
by this section shall take effect on October 1, 2000.
(2) In the case of the amendment made by subsection (c)(2),
the amendment shall apply with respect to pay periods beginning
on and after October 1, 2000, for a member of the uniformed
services covered by the provision of law so amended regardless
of the date on which the member was first reassigned to duty
under the conditions of a low-cost or no-cost permanent change
of station or permanent change of assignment.
(3) In the case of the amendment made by subsection (d),
the amendment shall apply with respect to pay periods beginning
on and after October 1, 2000, for a member of the uniformed
services covered by the provision of law so amended regardless
of the date on which the member was first assigned to duty in
an area that is different from the area in which the member's
dependents reside.

SEC. 606. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2001 INCREASE IN
BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED
STATES.

In addition to the amount determined by the Secretary of
Defense under section 403(b)(3) of title 37, United States
Code, as amended by section 605(b), to be the total amount to
be paid during fiscal year 2001 for the basic allowance for
housing for military housing areas inside the United States,
$30,000,000 of the amount authorized to be appropriated by
section 421 for military personnel shall be used by the
Secretary to further increase the total amount available for
the basic allowance for housing for military housing areas
inside the United States.

SEC. 607. EQUITABLE TREATMENT OF JUNIOR ENLISTED MEMBERS IN COMPUTATION
OF BASIC ALLOWANCE FOR HOUSING.

(a) Determination of Costs of Adequate Housing.--Paragraph
(2) of subsection (b) of section 403 of title 37, United States
Code, as redesignated by section 605(a)(2), is amended by
adding at the end the following new sentence: ``After June 30,
2001, the Secretary may not differentiate between members with
dependents in pay grades E-1 through E-4 in determining what
constitutes adequate housing for members.''.
(b) Single Rate; Minimum.--Subsection (b) of such section,
as amended by section 605(b)(1), is amended by inserting after
paragraph (4) the following new paragraph:
``(5) On and after July 1, 2001, the Secretary of Defense
shall establish a single monthly rate for members of the
uniformed services with dependents in pay grades E-1 through E-
4 in the same military housing area. The rate shall be
consistent with the rates paid to members in pay grades other
than pay grades E-1 through E-4 and shall be based on the
following:
``(A) The average cost of a two-bedroom apartment
in that military housing area.
``(B) One-half of the difference between the
average cost of a two-bedroom townhouse in that area
and the amount determined in subparagraph (A).''.

SEC. 608. ELIGIBILITY OF MEMBERS IN GRADE E-4 TO RECEIVE BASIC
ALLOWANCE FOR HOUSING WHILE ON SEA DUTY.

(a) Payment Authorized.--Subsection (f)(2)(B) of section
403 of title 37, United States Code, is amended--
(1) by striking ``E-5'' in the first sentence and
inserting ``E-4 or E-5''; and
(2) by striking ``grade E-5'' in the second
sentence and inserting ``grades E-4 and E-5''.
(b) Conforming Amendment.--Subsection (m)(1)(B) of such
section is amended by striking ``E-4'' and inserting ``E-3''.

SEC. 609. PERSONAL MONEY ALLOWANCE FOR SENIOR ENLISTED MEMBERS OF THE
ARMED FORCES.

(a) Authority.--Section 414 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Allowance for Senior Enlisted Members.--In addition
to other pay or allowances authorized by this title, a
noncommissioned officer is entitled to a personal money
allowance of $2,000 a year while serving as the Sergeant Major
of the Army, the Master Chief Petty Officer of the Navy, the
Chief Master Sergeant of the Air Force, the Sergeant Major of
the Marine Corps, or the Master Chief Petty Officer of the
Coast Guard.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Allowance for
Officers Serving in Certain Ranks or Positions.--''
after ``(a)''; and
(2) in subsection (b), by inserting ``Allowance for
Certain Naval Officers.--'' after ``(b)''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.

SEC. 610. INCREASED UNIFORM ALLOWANCES FOR OFFICERS.

(a) Initial Allowance.--Section 415(a) of title 37, United
States Code, is amended by striking ``$200'' and inserting
``$400''.
(b) Additional Allowance.--Section 416(a) of such title is
amended by striking ``$100'' and inserting ``$200''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.

SEC. 611. CABINET-LEVEL AUTHORITY TO PRESCRIBE REQUIREMENTS AND
ALLOWANCE FOR CLOTHING OF ENLISTED MEMBERS.

Section 418 of title 37, United States Code, is amended--
(1) in subsection (a), by striking ``The
President'' and inserting ``The Secretary of Defense
and the Secretary of Transportation, with respect to
the Coast Guard when it is not operating as a service
in the Navy,''; and
(2) in subsection (b), by striking ``the
President'' and inserting ``the Secretary of Defense''.

SEC. 612. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR MEMBERS OF
PRECOMMISSIONING PROGRAMS.

(a) Pay Rates for Cadets and Midshipmen.--Section 203(c) of
title 37, United States Code, is amended by striking ``at the
rate of $600.00.'' and inserting ``at the monthly rate equal to
35 percent of the basic pay of a commissioned officer in the
pay grade O-1 with less than two years of service.''.
(b) Subsistence Allowance Rates.--Subsection (a) of section
209 of such title is amended--
(1) by inserting ``(1)'' before ``Except'';
(2) by striking ``subsistence allowance of $200 a
month'' and inserting ``monthly subsistence allowance
at a rate prescribed under paragraph (2)'';
(3) by striking ``Subsistence'' and inserting the
following:
``(3) A subsistence''; and
(4) by inserting after the first sentence the
following:
``(2) The Secretary of Defense shall prescribe by
regulation the monthly rates for subsistence allowances
provided under this section. The rate may not be less than $250
per month, but may not exceed $674 per month.''.
(c) Conforming and Stylistic Amendments.--Section 209 of
such title is further amended--
(1) in subsection (a), by inserting ``Senior ROTC
Members in Advanced Training.--'' after ``(a)'';
(2) in subsection (b)--
(A) by inserting ``Senior ROTC Members
Appointed in Reserves.--'' after ``(b)''; and
(B) by striking ``in the amount provided in
subsection (a)'' and inserting ``at a rate
prescribed under subsection (a)'';
(3) in subsection (c), by inserting ``Pay While
Attending Training or Practice Cruise.--'' after
``(c)'' the first place it appears; and
(4) in subsection (d)--
(A) by inserting ``Members of Marine Corps
Officer Candidate Program.--'' after ``(d)'';
and
(B) by striking ``the same rate as that
prescribed by subsection (a),'' and inserting
``a monthly rate prescribed under subsection
(a)''.
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect October 1, 2001.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 621. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.

(a) Special Pay for Health Professionals in Critically
Short Wartime Specialties.--Section 302g(f) of title 37, United
States Code, is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is amended
by striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking ``December
31, 2000'' and inserting ``December 31, 2001''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking ``January 1, 2001'' and inserting ``January 1, 2002''.

SEC. 622. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND
NURSE ANESTHETISTS.

(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2000'' and inserting ``December 31,
2001''.

SEC. 623. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.

(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking ``December
31, 2000,'' and inserting ``December 31, 2001,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(c) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of such title is
amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(d) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(e) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.

SEC. 624. REVISION OF ENLISTMENT BONUS AUTHORITY.

(a) Bonus Authorized.--(1) Title 37, United States Code, is
amended by inserting after section 308i the following new
section:

``Sec. 309. Special pay: enlistment bonus

``(a) Bonus Authorized; Bonus Amount.--A person who enlists
in an armed force for a period of at least 2 years may be paid
a bonus in an amount not to exceed $20,000. The bonus may be
paid in a single lump sum or in periodic installments.
``(b) Repayment of Bonus.--(1) A member of the armed forces
who voluntarily, or because of the member's misconduct, does
not complete the term of enlistment for which a bonus was paid
under this section, or a member who is not technically
qualified in the skill for which the bonus was paid, if any
(other than a member who is not qualified because of injury,
illness, or other impairment not the result of the member's
misconduct), shall refund to the United States that percentage
of the bonus that the unexpired part of member's enlistment is
of the total enlistment period for which the bonus was paid.
``(2) An obligation to reimburse the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of an
enlistment for which a bonus was paid under this section does
not discharge the person receiving the bonus from the debt
arising under paragraph (1).
``(c) Relation to Prohibition on Bounties.--The enlistment
bonus authorized by this section is not a bounty for purposes
of section 514(a) of title 10.
``(d) Regulations.--This section shall be administered
under regulations prescribed by the Secretary of Defense for
the armed forces under the jurisdiction of the Secretary of
Defense and by the Secretary of Transportation for the Coast
Guard when the Coast Guard is not operating as a service in the
Navy.
``(e) Duration of Authority.--No bonus shall be paid under
this section with respect to any enlistment in the armed forces
made after December 31, 2001.''.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by inserting after the item relating to
section 308i the following new item:

``309. Special pay: enlistment bonus.''.

(b) Repeal of Superseded Enlistment Bonus Authorities.--(1)
Sections 308a and 308f of title 37, United States Code, are
repealed.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the items relating to such
sections.
(c) Effective Date.--(1) The amendments made by subsection
(a) shall take effect on October 1, 2000, and applywith respect
to enlistments in the Armed Forces made on or after that date.
(2) The amendments made by subsection (b) shall take effect
on October 1, 2000. The repeal of sections 308a and 308f of
title 37, United States Code, by such subsection shall not
affect the validity or terms of any bonus provided under such
sections for enlistments in the Armed Forces made before that
date.

SEC. 625. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY FOR RESERVE
MEDICAL AND DENTAL OFFICERS.

(a) Consistent Descriptions of Active Duty.--Section
302(h)(1) of title 37, United States Code, is amended by
inserting before the period at the end the following: ``,
including active duty in the form of annual training, active
duty for training, and active duty for special work''.
(b) Relation to Other Special Pay Authorities.--Subsection
(d) of section 302f of such title is amended to read as
follows:
``(d) Special Rule for Reserve Medical and Dental
Officers.--While a reserve medical or dental officer receives a
special pay under section 302 or 302b of this title by reason
of subsection (a), the officer shall not be entitled to special
pay under section 302(h) or 302b(h) of this title.''.

SEC. 626. ELIMINATION OF REQUIRED CONGRESSIONAL NOTIFICATION BEFORE
IMPLEMENTATION OF CERTAIN SPECIAL PAY AUTHORITY.

(a) Retention Special Pay for Optometrists.--(1) Section
302a(b)(1) of title 37, United States Code, is amended by
striking ``an officer described in paragraph (2) may be paid''
and inserting ``the Secretary concerned may pay an officer
described in paragraph (2) a''.
(2) Section 617 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 302a note)
is amended by striking subsection (b).
(b) Special Pay for Officers in Nursing Specialties.--(1)
Section 302e(b)(2)(A) of title 37, United States Code, is
amended by striking ``the Secretary'' and inserting ``the
Secretary of the military department concerned''.
(2) Section 614 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 302e note)
is amended by striking subsection (c).

SEC. 627. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF THE COAST GUARD.

Section 302c(d)(1) of title 37, United States Code, is
amended by inserting after ``nurse,'' the following: ``an
officer of the Coast Guard or Coast Guard Reserve designated as
a physician assistant,''.

SEC. 628. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS FOR PHARMACY
OFFICERS.

(a) Authorization of Special Pay and Bonus.--Chapter 5 of
title 37, United States Code, is amended by inserting after
section 302h the following new sections:

``Sec. 302i. Special pay: pharmacy officers

``(a) Army, Navy, and Air Force Pharmacy Officers.--Under
regulations prescribed pursuant to section 303a of this title,
the Secretary of the military department concerned may, subject
to subsection (c), pay special pay at the rates specified in
subsection (d) to an officer who--
``(1) is a pharmacy officer in the Medical Service
Corps of the Army or Navy or the Biomedical Sciences
Corps of the Air Force; and
``(2) is on active duty under a call or order to
active duty for a period of not less than one year.
``(b) Public Health Service Corps.--Subject to subsection
(c), the Secretary of Health and Human Services may pay special
pay at the rates specified in subsection (d) to an officer
who--
``(1) is an officer in the Regular or Reserve Corps
of the Public Health Service and is designated as a
pharmacy officer; and
``(2) is on active duty under a call or order to
active duty for a period of not less than one year.
``(c) Limitation.--Special pay may not be paid under this
section to an officer serving in a pay grade above pay grade O-
6.
``(d) Rate of Special Pay.--The rate of special pay paid to
an officer under subsection (a) or (b) is as follows:
``(1) $3,000 per year, if the officer is undergoing
pharmacy internship training or has less than 3 years
of creditable service.
``(2) $7,000 per year, if the officer has at least
3 but less than 6 years of creditable service and is
not undergoing pharmacy internship training.
``(3) $7,000 per year, if the officer has at least
6 but less than 8 years of creditable service.
``(4) $12,000 per year, if the officer has at least
8 but less than 12 years of creditable service.
``(5) $10,000 per year, if the officer has at least
12 but less than 14 years of creditable service.
``(6) $9,000 per year, if the officer has at least
14 but less than 18 years of creditable service.
``(7) $8,000 per year, if the officer has 18 or
more years of creditable service.

``Sec. 302j. Special pay: accession bonus for pharmacy officers

``(a) Accession Bonus Authorized.--A person who is a
graduate of an accredited pharmacy school and who, during the
period beginning on the date of the enactment of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001
and ending on September 30, 2004, executes a written agreement
described in subsection (c) to accept a commission as an
officer of a uniformed service and remain on active duty for a
period of not less than 4 years may, upon acceptance of the
agreement by the Secretary concerned, be paid an accession
bonus in an amount determined by the Secretary concerned.
``(b) Limitation on Amount of Bonus.--The amount of an
accession bonus under subsection (a) may not exceed $30,000.
``(c) Limitation on Eligibility for Bonus.--A person may
not be paid a bonus under subsection (a) if--
``(1) the person, in exchange for an agreement to
accept an appointment as a warrant or commissioned
officer, received financial assistance from the
Department of Defense or the Department of Health and
Human Services to pursue a course of study in pharmacy;
or
``(2) the Secretary concerned determines that the
person is not qualified to become and remain licensed
as a pharmacist.
``(d) Agreement.--The agreement referred to in subsection
(a) shall provide that, consistent with the needs of the
uniformed service concerned, the person executing the agreement
shall be assigned to duty, for the period of obligated service
covered by the agreement, as a pharmacy officer in the Medical
Service Corps of the Army or Navy, a biomedical sciences
officer in the Air Force designated as a pharmacy officer, or a
pharmacy officer of the Public Health Service.
``(e) Repayment.--(1) An officer who receives a payment
under subsection (a) and who fails to become and remain
licensed as a pharmacist during the period for which the
payment is made shall refund to the United States an amount
equal to the full amount of such payment.
``(2) An officer who voluntarily terminates service on
active duty before the end of the period agreed to be served
under subsection (a) shall refund to the United States an
amount that bears the same ratio to the amount paid to the
officer as the unserved part of such period bears to the total
period agreed to be served.
``(3) An obligation to reimburse the United States under
paragraph (1) or (2) is for all purposes a debt owed to the
United States.
``(4) A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of an agreement
under this section does not discharge the person signing such
agreement from a debt arising under such agreement or this
subsection. This paragraph applies to any case commenced under
title 11 after the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001.''.
(b) Administration.--Section 303a of title 37, United
States Code, is amended by striking ``302h'' each place it
appears and inserting ``302j''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 302h the following new
items:

``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.''.

SEC. 629. CORRECTION OF REFERENCES TO AIR FORCE VETERINARIANS.

Section 303(a) of title 37, United States Code, is
amended--
(1) in paragraph (1)(B), by striking ``who is
designated as a veterinary officer'' and inserting
``who is an officer in the Biomedical Sciences Corps
and holds a degree in veterinary medicine''; and
(2) in paragraph (2), by striking subparagraph (B)
and inserting the following:
``(B) of a reserve component of the Air
Force, of the Army or the Air Force without
specification of component, or of the National
Guard, who--
``(i) is designated as a veterinary
officer; or
``(ii) is an officer in the
Biomedical Sciences Corps of the Air
Force and holds a degree in veterinary
medicine; or''.

SEC. 630. CAREER SEA PAY.

(a) Reform of Authorities.--Section 305a of title 37,
United States Code, is amended--
(1) in subsection (a), by striking ``(a) Under
regulations prescribed by the President, a member'' and
inserting ``(a) Availability of Special Pay.--A
member'';
(2) by redesignating subsection (d) as subsection
(e); and
(3) by striking subsections (b) and (c) and
inserting the following new subsections:
``(b) Rates; Maximum.--The Secretary concerned shall
prescribe the monthly rates for special pay applicable to
members of each armed force under the Secretary's jurisdiction.
No monthly rate may exceed $750.
``(c) Premium.--A member of a uniformed service entitled to
career sea pay under this section who has served 36 consecutive
months of sea duty is also entitled to a career sea pay premium
for the thirty-seventh consecutive month and each subsequent
consecutive month of sea duty served by such member. The
monthly amount of the premium shall be prescribed by the
Secretary concerned, but may not exceed $350.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations for the administration of this section for the
armed force or armed forces under the jurisdiction of the
Secretary. The entitlements under this section shall be subject
to the regulations.''.
(b) Stylistic Amendment.--Subsection (e) of such section,
as redesignated by subsection (a)(2), is amended by inserting
before ``(1)'' in paragraph (1) the following: ``Definition of
Sea
Duty.--''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000, and shall apply with
respect to months beginning on or after that date.

SEC. 631. INCREASED MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT PAY.

Section 307(a) of title 37, United States Code, is
amended--
(1) by striking ``$275'' and inserting ``$600'';
and
(2) by striking the second sentence.

SEC. 632. ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD AND OTHER
RESERVES NOT ON ACTIVE DUTY TO RECEIVE SPECIAL DUTY
ASSIGNMENT PAY.

(a) Authority.--Section 307 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(d)(1) Under regulations prescribed by the Secretary
concerned and to the extent provided for by appropriations,
when an enlisted member of the National Guard or a reserve
component of a uniformed service who is entitled to
compensation under section 206 of this title performs duty for
which a member described in subsection (a) is entitled to
special pay under such subsection, the member of the National
Guard or reserve component is entitled to an increase in
compensation equal to \1/30\ of the monthly special duty
assignment pay prescribed by the Secretary concerned for the
performance of that same duty by members described in
subsection (a).
``(2) A member of the National Guard or a reserve component
entitled to an increase in compensation under paragraph (1) is
entitled to the increase--
``(A) for each regular period of instruction, or
period of appropriate duty, at which the member is
engaged for at least two hours, including that
performed on a Sunday or holiday; or
``(B) for the performance of such other equivalent
training, instruction, duty, or appropriate duties, as
the Secretary may prescribe under section 206(a) of
this title.
``(3) This subsection does not apply to a member of the
National Guard or a reserve component who is entitled to basic
pay under section 204 of this title.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2000.

SEC. 633. AUTHORIZATION OF RETENTION BONUS FOR MEMBERS OF THE ARMED
FORCES QUALIFIED IN A CRITICAL MILITARY SKILL.

(a) Bonus Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by adding at the end the following new
section:

``Sec. 323. Special pay: retention incentives for members qualified in
a critical military skill

``(a) Retention Bonus Authorized.--An officer or enlisted
member of the armed forces who is serving on active duty and is
qualified in a designated critical military skill may be paid a
retention bonus as provided in this section if--
``(1) in the case of an officer, the member
executes a written agreement to remain on active duty
for at least 1 year; or
``(2) in the case of an enlisted member, the member
reenlists or voluntarily extends the member's
enlistment for a period of at least 1 year.
``(b) Designation of Critical Skills.--(1) A designated
critical military skill referred to in subsection (a) is a
military skill designated as critical by the Secretary of
Defense, or by the Secretary of Transportation with respect to
the Coast Guard when it is not operating as a service in the
Navy.
``(2) The Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not
operating as a service in the Navy, shall notify Congress, in
advance, of each military skill to be designated by the
Secretary as critical for purposes of this section. The notice
shall be submitted at least 90 days before any bonus with
regard to that critical skill is offered under subsection (a)
and shall include a discussion of the necessity for the bonus,
the amount and method of payment of the bonus, and the
retention results that the bonus is expected to achieve.
``(c) Payment Methods.--A bonus under this section may be
paid in a single lump sum or in periodic installments.
``(d) Maximum Bonus Amount.--A member may enter into an
agreement under this section, or reenlist or voluntarily extend
the member's enlistment, more than once to receive a bonus
under this section. However, a member may not receive a total
of more than $200,000 in payments under this section.
``(e) Certain Members Ineligible.--A retention bonus may
not be provided under subsection (a) to a member of the armed
forces who--
``(1) has completed more than 25 years of active
duty; or
``(2) will complete the member's twenty-fifth year
of active duty before the end of the period of active
duty for which the bonus is being offered.
``(f) Relationship to Other Incentives.--A retention bonus
paid under this section is in addition to any other pay and
allowances to which a member is entitled.
``(g) Repayment of Bonus.--(1) If an officer who has
entered into a written agreement under subsection (a) fails to
complete the total period of active duty specified in the
agreement, or an enlisted member who voluntarily or because of
misconduct does not complete the term of enlistment for which a
bonus was paid under this section, the Secretary of Defense,
and the Secretary of Transportation with respect to members of
the Coast Guard when it is not operating as a service in the
Navy, may require the member to repay the United States, on a
pro rata basis and to the extent that the Secretary determines
conditions and circumstances warrant, all sums paid under this
section.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of a written
agreement entered into under subsection (a) does not discharge
the member from a debt arising under paragraph (2).
``(h) Annual Report.--Not later than February 15 of each
year, the Secretary of Defense and the Secretary of
Transportation shall submit to Congress a report--
``(1) analyzing the effect, during the preceding
fiscal year, of the provision of bonuses under this
section on the retention of members qualified in the
critical military skills for which the bonuses were
offered; and
``(2) describing the intentions of the Secretary
regarding the continued use of the bonus authority
during the current and next fiscal years.
``(i) Termination of Bonus Authority.--No bonus may be paid
under this section with respect to any reenlistment, or
voluntary extension of an enlistment, in the armed forces
entered into after December 31, 2001, and no agreement under
this section may be entered into after that date.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``323. Special pay: retention incentives for members qualified in a
critical military skill.''.

(b) Effective Date.--Section 323 of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 2000.

SEC. 634. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF THE PUBLIC HEALTH
SERVICE CORPS TO SPECIAL PAYS AND BONUSES OF HEALTH
PROFESSIONAL OFFICERS OF THE ARMED FORCES.

(a) In General.--Section 303a of title 37, United States
Code, is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d); and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b)(1) Except as provided in paragraph (2) or as
otherwise provided under a provision of this chapter, a
commissioned officer in the Regular or Reserve Corps of the
Public Health Service is entitled to special pay under a
provision of this chapter in the same amounts, and under the
same terms and conditions, as a commissioned officer of the
armed forces is entitled to special pay under that provision.
``(2) A commissioned medical officer in the Regular or
Reserve Corps of the Public Health Service (other than an
officer serving in the Indian Health Service) may not receive
additional special pay under section 302(a)(4) of this title
for any period during which the officer is providing obligated
service under the following provisions of law:
``(A) Section 338B of the Public Health Service Act
(42 U.S.C. 254l-1).
``(B) Section 225(e) of the Public Health Service
Act, as that section was in effect before October 1,
1977.
``(C) Section 752 of the Public Health Service Act,
as that section was in effect between October 1, 1977,
and August 13, 1981.''.
(b) Repeal of Superseded Provisions.--Section 208(a) of the
Public Health Service Act (42 U.S.C. 210(a)) is amended--
(1) by striking paragraphs (2) and (3); and
(2) by inserting after paragraph (1) the following
new paragraph (2):
``(2) For provisions relating to the receipt of special pay
by commissioned officers of the Regular and Reserve Corps while
on active duty, see section 303a(b) of title 37, United States
Code.''.

Subtitle C--Travel and Transportation Allowances

SEC. 641. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEMBERS AND
DEPENDENTS.

(a) Subsistence Expenses.--Section 404a of title 37, United
States Code, is amended--
(1) by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively; and
(2) by striking subsection (a) and inserting the
following:
``(a) Payment or Reimbursement of Subsistence Expenses.--
(1) Under regulations prescribed by the Secretaries concerned,
a member of a uniformed service who is ordered to make a change
of permanent station described in paragraph (2) shall be paid
or reimbursed for subsistence expenses of the member and the
member's dependents for the period (subject to subsection (c))
for which the member and dependents occupy temporary quarters
incident to that change of permanent station.
``(2) Paragraph (1) applies to the following:
``(A) A permanent change of station from any duty
station to a duty station in the United States (other
than Hawaii or Alaska).
``(B) A permanent change of station from a duty
station in the United States (other than Hawaii or
Alaska) to a duty station outside the United States or
in Hawaii or Alaska.
``(C) In the case of an enlisted member who is
reporting to the member's first permanent duty station,
the change from the member's home of record or initial
technical school to that first permanent duty station.
``(b) Payment in Advance.--The Secretary concerned may make
any payment for subsistence expenses to a member under this
section in advance of the member actually incurring the
expenses. The amount of an advance payment made to a member
shall be computed on the basis of the Secretary's determination
of the average number of days that members and their dependents
occupy temporary quarters under the circumstances applicable to
the member and the member's dependents.
``(c) Maximum Payment Period.--(1) In the case of a change
of permanent station described in subparagraph (A) or (C) of
subsection (a)(2), the period for which subsistence expenses
are to be paid or reimbursed under this section may not exceed
10 days.
``(2) In the case of a change of permanent station
described in subsection (a)(2)(B)--
``(A) the period for which such expenses are to be
paid or reimbursed under this section may not exceed
five days; and
``(B) such payment or reimbursement may be provided
only for expenses incurred before leaving the United
States (other than Hawaii or Alaska).''.
(b) Per Diem.--Section 405 of such title is amended to read
as follows:

``Sec. 405. Travel and transportation allowances: per diem while on
duty outside the United States or in Hawaii or
Alaska

``(a) Per Diem Authorized.--Without regard to the monetary
limitation of this title, the Secretary concerned may pay a per
diem to a member of the uniformed services who is on duty
outside of the United States or in Hawaii or Alaska, whether or
not the member is in a travel status. The Secretary may pay the
per diem in advance of the accrual of the per diem.
``(b) Determination of Per Diem.--In determining the per
diem to be paid under this section, the Secretary concerned
shall consider all elements of the cost of living to members of
the uniformed services under the Secretary's jurisdiction and
their dependents, including the cost of quarters, subsistence,
and other necessary incidental expenses. However, dependents
may not be considered in determining the per diem allowance for
a member in a travel status.
``(c) Treatment of Housing Cost and Allowance.--Housing
cost and allowance may be disregarded in prescribing a station
cost of living allowance under this section.''.
(c) Stylistic Amendments.--Section 404a of such title is
further amended--
(1) in subsection (d), as redesignated by
subsection (a), by striking ``(d)'' and inserting ``(d)
Daily Subsistence
Rates.--''; and
(2) in subsection (e), as redesignated by
subsection (a), by striking ``(e)'' and inserting ``(e)
Maximum Daily Payment.--''.

SEC. 642. ADDITIONAL TRANSPORTATION ALLOWANCE REGARDING BAGGAGE AND
HOUSEHOLD EFFECTS.

(a) Pet Quarantine Fees.--Section 406(a)(1) of title 37,
United States Code, is amended by adding at the end the
following new sentence: ``The Secretary concerned may also
reimburse the member for mandatory pet quarantine fees for
household pets, but not to exceed $275 per change of station,
when the member incurs the fees incident to such change of
station.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2000.

SEC. 643. INCENTIVE FOR SHIPPING AND STORING HOUSEHOLD GOODS IN LESS
THAN AVERAGE WEIGHTS.

Section 406(b)(1) of title 37, United States Code, is
amended by adding at the end the following new subparagraph:
``(G) Under regulations prescribed by the Secretary of
Defense, the Secretary concerned may pay a member a share
(determined pursuant to such regulations) of the savings
resulting to the United States when the total weights of the
member's baggage and household effects shipped and stored under
subparagraph (A) are less than the average weights of the
baggage and household effects that are shipped and stored,
respectively, by other members in the same grade and with the
same dependents status as the member in connection with changes
of station that are comparable to the member's change of
station. The total savings shall be equal to the difference
between the cost of shipping and cost of storing such average
weights of baggage and household effects, respectively, and the
corresponding costs associated with the weights of the member's
baggage and household effects. For the administration of this
subparagraph, the Secretary of Defense shall annually determine
the average weights of baggage and household effects shipped
and stored in connection with a change of temporary or
permanent station.''.

SEC. 644. EQUITABLE DISLOCATION ALLOWANCES FOR JUNIOR ENLISTED MEMBERS.

Section 407(c)(1) of title 37, United States Code, is
amended by inserting before the period at the end the
following: ``, except that the Secretary concerned may not
differentiate between members with dependents in pay grades E-1
through E-5''.

SEC. 645. AUTHORITY TO REIMBURSE MILITARY RECRUITERS, SENIOR ROTC
CADRE, AND MILITARY ENTRANCE PROCESSING PERSONNEL
FOR CERTAIN PARKING EXPENSES.

(a) Reimbursement Authority.--Chapter 7 of title 37, United
States Code, is amended by inserting after section 411h the
following new section:

``Sec. 411i. Travel and transportation allowances: parking expenses

``(a) Reimbursement Authority.--Under regulations
prescribed by the Secretary of Defense, the Secretary of a
military department may reimburse eligible Department of
Defense personnel for expenses incurred after October 1, 2001,
for parking a privately owned vehicle at a place of duty
described in subsection (b).
``(b) Eligibility.--A member of the Army, Navy, Air Force,
or Marine Corps or an employee of the Department of Defense may
be reimbursed under subsection (a) for parking expenses while--
``(1) assigned to duty as a recruiter for any of
the armed forces;
``(2) assigned to duty at a military entrance
processing facility of the armed forces; or
``(3) detailed for instructional and administrative
duties at any institution where a unit of the Senior
Reserve Officers' Training Corps is maintained.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 411h the following new item:

``411i. Travel and transportation allowances: parking expenses.''.

SEC. 646. EXPANSION OF FUNDED STUDENT TRAVEL FOR DEPENDENTS.

Section 430 of title 37, United States Code, is amended--
(1) in subsections (a)(3) and (b)(1), by striking
``for the purpose of obtaining a secondary or
undergraduate college education'' and inserting ``for
the purpose of obtaining a formal education''; and
(2) in subsection (f)--
(A) by striking ``In this section, the
term'' and inserting the following:
``In this section:
``(1) The term''; and
(B) by adding at the end the following new
subparagraph:
``(2) The term `formal education' means the
following:
``(A) A secondary education.
``(B) An undergraduate college education.
``(C) A graduate education pursued on a
full-time basis at an institution of higher
education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)).
``(D) Vocational education pursued on a
full-time basis at a post-secondary vocational
institution (as defined in section 102(c) of
the Higher Education Act of 1965 (20 U.S.C.
1002(c))).''.

Subtitle D--Retirement and Survivor Benefit Matters

SEC. 651. EXCEPTION TO HIGH-36 MONTH RETIRED PAY COMPUTATION FOR
MEMBERS RETIRED FOLLOWING A DISCIPLINARY REDUCTION
IN GRADE.

Section 1407 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``The retired
pay base'' and inserting ``Except as provided in
subsection (f), the retired pay base''; and
(2) by adding at the end the following new
subsection:
``(f) Exception for Enlisted Members Reduced in Grade and
Officers Who Do Not Serve Satisfactorily in Highest Grade
Held.--
``(1) Computation based on pre-high-three rules.--
In the case of a member or former member described in
paragraph (2), the retired pay base or retainer pay
base is determined under section 1406 of this title in
the same manner as if the member or former member first
became a member of a uniformed service before September
8, 1980.
``(2) Affected members.--A member or former member
referred to in paragraph (1) is a member or former
member who by reason of conduct occurring after the
date of the enactment of this subsection--
``(A) in the case of a member retired in an
enlisted grade or transferred to the Fleet
Reserve or Fleet Marine Corps Reserve, was at
any time reduced in grade as the result of a
court-martial sentence, nonjudicial punishment,
or an administrative action, unless the member
was subsequently promoted to a higher enlisted
grade or appointed to a commissioned or warrant
grade; and
``(B) in the case of an officer, is retired
in a grade lower than the highest grade in
which served by reason of denial of a
determination or certification under section
1370 of this title that the officer served on
active duty satisfactorily in that grade.
``(3) Special rule for enlisted members.--In the
case of a member who retires within three years after
having been reduced in grade as described in paragraph
(2)(A), who retires in an enlisted grade that is lower
than the grade from which reduced, and who would be
subject to paragraph (1) but for a subsequent promotion
to a higher enlisted grade or a subsequent appointment
to a warrant or commissioned grade, the rates of basic
pay used in the computation of the member's high-36
average for the period of the member's service in a
grade higher than the grade in which retired shall be
the rates of pay that would apply if the member had
been serving for that period in the grade in which
retired.''.

SEC. 652. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT POINTS THAT
MAY BE CREDITED IN ANY YEAR.

Section 12733(3) of title 10, United States Code, is
amended by striking ``but not more than'' and all that follows
and inserting ``but not more than--
``(A) 60 days in any one year of service
before the year of service that includes
September 23, 1996;
``(B) 75 days in the year of service that
includes September 23, 1996, and in any
subsequent year of service before the year of
service that includes the date of the enactment
of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001; and
``(C) 90 days in the year of service that
includes the date of the enactment of the Floyd
D. Spence National Defense Authorization Act
for Fiscal Year 2001 and in any subsequent year
of service.''.

SEC. 653. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGULAR
RETIREMENT.

(a) Conversion to Reserve Retirement.--(1) Chapter 1223 of
title 10, United States Code, is amended by adding at the end
the following new section:

``Sec. 12741. Retirement from active reserve service performed after
regular retirement

``(a) Election of Reserve Retired Pay.--A person who, after
becoming entitled to retired or retainer pay under chapter 65,
367, 571, or 867 of this title, serves in an active status in a
reserve component is entitled to retired pay under this chapter
if--
``(1) the person would, but for paragraphs (3) and
(4) of section 12731(a) of this title, otherwise be
entitled to retired pay under this chapter;
``(2) the person elects under this section to
receive retired pay under this chapter; and
``(3) the person's service in an active status
after having become entitled to retired or retainer pay
under that chapter is determined by the Secretary
concerned to have been satisfactory.
``(b) Actions To Effectuate Election.--As of the effective
date of an election made by a person under subsection (a), the
Secretary concerned shall--
``(1) terminate the person's entitlement to retired
or retainer pay under the applicable chapter of this
title referred to in subsection (a); and
``(2) in the case of a reserve commissioned
officer, transfer the officer to the Retired Reserve.
``(c) Time and Form of Election.--An election under
subsection (b) shall be made within such time and in such form
as the Secretary concerned requires.
``(d) Effective Date of Election.--An election made by a
person under subsection (b) shall be effective--
``(1) except as provided in paragraph (2)(B), as of
the date on which the person attains 60 years of age,
if the Secretary concerned receives the election in
accordance with this section within 180 days after that
date; or
``(2) on the first day of the first month that
begins after the date on which the Secretary concerned
receives the election in accordance with this section,
if--
``(A) the date of the receipt of the
election is more than 180 days after the date
on which the person attains 60 years of age; or
``(B) the person retires from service in an
active status within that 180-day period.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``12741. Retirement from active service performed after regular
retirement.''.

(b) Effective Date.--Section 12741 of title 10, United
States Code, as added by subsection (a), shall take effect 180
days after the date of the enactment of this Act and shall
apply with respect to retired pay payable for months beginning
on of after that effective date.

SEC. 654. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER FEDERAL
OFFICIALS REGARDING PAYMENT OF MILITARY RETIRED
PAY.

(a) Article III Judges.--(1) Section 371 of title 28,
United States Code, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e).
(2) Subsection (b) of such section is amended by striking
``subsection (f)'' each place it appears and inserting
``subsection (e)''.
(b) Judges of United States Court of Federal Claims.--(1)
Section 180 of title 28, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 7 of
such title is amended by striking the item relating to section
180.
(c) Retroactive Effective Date.--The amendments made by
this section shall take effect as of October 1, 1999.

SEC. 655. RESERVE COMPONENT SURVIVOR BENEFIT PLAN SPOUSAL CONSENT
REQUIREMENT.

(a) Eligible Participants.--Subsection (a)(2)(B) of section
1448 of title 10, United States Code, is amended to read as
follows:
``(B) Reserve-component annuity
participants.--A person who (i) is eligible to
participate in the Plan under paragraph (1)(B),
and (ii) is married or has a dependent child
when he is notified under section 12731(d) of
this title that he has completed the years of
service required for eligibility for reserve-
component retired pay, unless the person elects
(with his spouse's concurrence, if required
under paragraph (3)) not to participate in the
Plan before the end of the 90-day period
beginning on the date on which he receives that
notification.''.
(b) Subsequent Election To Participate.--Subsection
(a)(3)(B) of such section is amended--
(1) by striking ``who elects to provide'' and
inserting ``who is eligible to provide'';
(2) by redesignating clauses (i) and (ii) as
clauses (iii) and (iv), respectively; and
(3) by inserting before clause (iii) (as so
redesignated) the following new clauses:
``(i) not to participate in the
Plan;
``(ii) to designate under
subsection (e)(2) the effective date
for commencement of annuity payments
under the Plan in the event that the
member dies before becoming 60 years of
age to be the 60th anniversary of the
member's birth (rather than the day
after the date of the member's
death);''.
(c) Conforming Amendments.--Subchapter II of chapter 73 of
such title is further amended--
(1) in section 1448(a)(2), by striking ``described
in clauses (i) and (ii)'' in the sentence following
subparagraph (B) (as amended by subsection (a)) and all
that follows through ``that clause'' and inserting
``who elects under subparagraph (B) not to participate
in the Plan'';
(2) in section 1448(a)(4)--
(A) by striking ``not to participate in the
Plan'' in subparagraph (A); and
(B) by striking ``to participate in the
Plan'' in subparagraph (B);
(3) in section 1448(e), by striking ``a person
electing to participate'' and all that follows through
``making such election'' and inserting ``a person is
required to make a designation under this subsection,
the person''; and
(4) in section 1450(j)(1), by striking ``An
annuity'' and all that follows through the period and
inserting ``A reserve-component annuity shall be
effective in accordance with the designation made under
section 1448(e) of this title by the person providing
the annuity.''.
(d) Effective Date.--The amendments made by this section
apply only with respect to a notification under section
12731(d) of title 10, United States Code, made after January 1,
2001, that a member of a reserve component has completed the
years of service required for eligibility for reserve-component
retired pay.

SEC. 656. SENSE OF CONGRESS ON INCREASING SURVIVOR BENEFIT PLAN
ANNUITIES FOR SURVIVING SPOUSES AGE 62 OR OLDER.

(a) Sense of Congress.--It is the sense of Congress that,
subject to the requirements and limitations of congressional
budget procedures relating to the enactment of new (or
increased) entitlement authority, there should be enacted
legislation that increases the annuities provided under the
Survivor Benefit Plan program for surviving spouses who are 62
years of age or older in order to reduce (and eventually
eliminate) the different levels of annuities under that program
for surviving spouses who are under age 62 and those who are 62
years of age and older.
(b) Survivor Benefit Plan.--For purposes of this section,
the term ``Survivor Benefit Plan program'' means the program of
annuities for survivors of members of the uniformed services
provided under subchapter II of chapter 73 of title 10, United
States Code.

SEC. 657. REVISION TO SPECIAL COMPENSATION AUTHORITY TO REPEAL
EXCLUSION OF UNIFORMED SERVICES RETIREES IN RECEIPT
OF DISABILITY RETIRED PAY.

(a) Eligibility for Chapter 61 Retirees.--Section 1413(c)
of title 10, United States Code, is amended by striking
``(other than a member who is retired under chapter 61 of this
title)''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001, and shall apply to months
that begin on or after that date. No benefit may be paid under
section 1413 of title 10, United States Code, to any person by
reason of the amendment made by subsection (a) for any period
before that date.

Subtitle E--Other Matters

SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.

(a) Effective Date of Authority To Participate.--Section
663 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 113 Stat. 673; 5 U.S.C. 8440 note) is
amended to read as follows:

``SEC. 663. EFFECTIVE DATE.

``(a) In General.--Except as provided in subsection (b),
the amendments made by this subtitle shall take effect 180 days
after the date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001.
``(b) Postponement Authority.--(1) The Secretary of Defense
may postpone by up to 180 days after the date that would
otherwise apply under subsection (a)--
``(A) the date as of which the amendments made by
this subtitle shall take effect; or
``(B) the date as of which section 211(a)(2) of
title 37, United States Code (as added by this
subtitle) shall take effect.
``(2) Postponement authority under this subsection may be
exercised only to the extent that the failure to do so would
prevent the Federal Retirement Thrift Investment Board from
being able to provide timely and accurate services to investors
or would place an excessive burden on the administrative
capacity of the Board to accommodate participants in the Thrift
Savings Plan, as determined by the Secretary of Defense after
consultation with the Executive Director (appointed by the
Board).
``(3) Paragraph (1) includes the authority to postpone the
effective date of the amendments made by this subtitle (apart
from section 211(a)(2) of title 37, United States Code), and
the effective date of such section 211(a)(2), by different
lengths of time.
``(4) The Secretary shall notify the congressional defense
committees, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of
the Senate of any determination made under this subsection.''.
(b) Regulations.--Section 661(b) of such Act (113 Stat.
672; 5 U.S.C. 8440e note) is amended by striking ``the date on
which'' and all that follows through ``later,'' and inserting
``the 180th day after the date of the enactment of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001,''.
(c) Conforming Amendment.--Section 8440e(b)(2)(B)(i) of
title 5, United States Code, is amended by striking ``as of''
and all that follows through ``thereof)'' and inserting ``as of
the effective date that applies with respect to such individual
under section 663 of the National Defense Authorization Act for
Fiscal Year 2000''.

SEC. 662. DETERMINATIONS OF INCOME ELIGIBILITY FOR SPECIAL SUPPLEMENTAL
FOOD PROGRAM.

Section 1060a(c)(1)(B) of title 10, United States Code, is
amended by striking the second sentence and inserting the
following new sentence: ``In the application of such criterion,
the Secretary shall exclude from income any basic allowance for
housing as permitted under section 17(d)(2)(B) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)).''.

SEC. 663. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING FOR
INACTIVE-DUTY TRAINING.

(a) In General.--(1) Chapter 1217 of title 10, United
States Code, is amended by inserting after section 12603 the
following new section:

``Sec. 12604. Billeting in Department of Defense facilities: Reserves
attending inactive-duty training

``(a) Authority for Billeting on Same Basis as Active Duty
Members Traveling Under Orders.--The Secretary of Defense shall
prescribe regulations authorizing a Reserve traveling to
inactive-duty training at a location more than 50 miles from
that Reserve's residence to be eligible for billeting in
Department of Defense facilities on the same basis and to the
same extent as a member of the armed forces on active duty who
is traveling under orders away from the member's permanent duty
station.
``(b) Proof of Reason for Travel.--The Secretary shall
include in the regulations the means for confirming a Reserve's
eligibility for billeting under subsection (a).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
12603 the following new item:

``12604. Billeting in Department of Defense facilities: Reserves
attending inactive-duty training.''.

(b) Effective Date.--Section 12604 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to periods of inactive-duty training beginning more
than 180 days after the date of the enactment of this Act.

SEC. 664. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE
AND FOR RETIRED PAY.

(a) Claims for Payments for Unused Accrued Leave.--
Subsection (a)(1)(A) of section 3702 of title 31, United States
Code, is amended by inserting ``payments for unused accrued
leave,'' after ``transportation,''.
(b) Waiver of Time Limitations.--Subsection (e)(1) of such
section is amended by striking ``claim for pay or allowances
provided under title 37'' and inserting ``claim for pay,
allowances, or payment for unused accrued leave under title 37
or a claim for retired pay under title 10''.

SEC. 665. ADDITIONAL BENEFITS AND PROTECTIONS FOR PERSONNEL INCURRING
INJURY, ILLNESS, OR DISEASE IN THE PERFORMANCE OF
FUNERAL HONORS DUTY.

(a) Incapacitation Pay.--Section 204 of title 37, United
States Code, is amended--
(1) in subsection (g)(1)--
(A) by striking ``or'' at the end of
subparagraph (C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(C) by adding at the end the following:
``(E) in line of duty while--
``(i) serving on funeral honors duty under
section 12503 of title 10 or section 115 of
title 32;
``(ii) traveling to or from the place at
which the duty was to be performed; or
``(iii) remaining overnight at or in the
vicinity of that place immediately before so
serving, if the place is outside reasonable
commuting distance from the member's
residence.''; and
(2) in subsection (h)(1)--
(A) by striking ``or'' at the end of
subparagraph (C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(C) by adding at the end the following:
``(E) in line of duty while--
``(i) serving on funeral honors duty under
section 12503 of title 10 or section 115 of
title 32;
``(ii) traveling to or from the place at
which the duty was to be performed; or
``(iii) remaining overnight at or in the
vicinity of that place immediately before so
serving, if the place is outside reasonable
commuting distance from the member's
residence.''.
(b) Tort Claims.--Section 2671 of title 28, United States
Code, is amended by inserting ``115,'' in the second paragraph
after ``members of the National Guard while engaged in training
or duty under section''.
(c) Applicability.--(1) The amendments made by subsection
(a) shall apply with respect to months beginning on or after
the date of the enactment of this Act.
(2) The amendment made by subsection (b) shall apply with
respect to acts and omissions occurring before, on, or after
the date of the enactment of this Act.

SEC. 666. AUTHORITY FOR EXTENSION OF DEADLINE FOR FILING CLAIMS
ASSOCIATED WITH CAPTURE AND INTERNMENT OF CERTAIN
PERSONS BY NORTH VIETNAM.

Section 657(d)(1) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2585) is
amended by adding at the end the following new sentence: ``The
Secretary may, in the case of any claim under this section,
extend the time limitation under the preceding sentence by up
to 18 months if the Secretary determines that such an extension
in the case of that claim is necessary to prevent an injustice
or that failure of the claimant to file the claim within that
time limitation is due to excusable neglect.''.

SEC. 667. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS SELECTED
FOR PROMOTION WHILE INTERNED AS PRISONERS OF WAR
DURING WORLD WAR II.

(a) Entitlement of Former Prisoners of War.--Upon receipt
of a claim made in accordance with this section, the Secretary
of the Navy shall pay, from any appropriation currently
available to the Secretary, back pay to any person who, by
reason of being interned as a prisoner of war while serving as
a member of the Navy or the Marine Corps during World War II,
was not available to accept a promotion for which the person
had been selected.
(b) Payment to Surviving Spouse of Deceased Former
Member.--In the case of a person described in subsection (a)
who is deceased, the back pay for that person under this
section shall be paid to the living surviving spouse of that
person, if any. If there is no living surviving spouse, no
claim may be paid under this section with respect to that
person.
(c) Amount of Back Pay.--(1) The amount of back pay payable
to or for a person described in subsection (a) is the amount
equal to the difference between--
(A) the total amount of basic pay that would have
been paid to that person for service in the Navy or the
Marine Corps for the back-pay computation period if the
person had been promoted to the grade to which selected
to be promoted; and
(B) the total amount of basic pay that was actually
paid to or for that person for such service for the
back-pay computation period.
(2) For purposes of paragraph (1), the back-pay computation
period for a person covered by subsection (a) is the period--
(A) beginning on the date (as determined by the
Secretary of the Navy) as of when that person's
promotion would have been effective for pay purposes
but for the person's internment as a prisoner of war;
and
(B) ending on the earliest of--
(i) the date of the person's discharge or
release from active duty;
(ii) the date on which the person's
promotion to that grade in fact became
effective for pay purposes; and
(iii) the end of World War II.
(d) Time Limitations.--(1) To be eligible for a payment
under this section, a claimant must file a claim for such
payment with the Secretary of the Navy within two years after
the effective date of the regulations prescribed to carry out
this section.
(2) Not later than 18 months after receiving a claim for
payment under this section, the Secretary shall determine the
eligibility of the claimant for payment of the claim. Subject
to subsection (f), if the Secretary determines that the
claimant is eligible for the payment, the Secretary shall
promptly pay the claim.
(e) Regulations.--Not later than six months after the date
of the enactment of this Act, the Secretary of the Navy shall
prescribe regulations to carry out this section. Such
regulations shall include procedures by which persons may
submit claims for payment under this section.
(f) Limitation on Disbursement.--(1) Notwithstanding any
power of attorney, assignment of interest, contract, or other
agreement, the actual disbursement of a payment of back pay
under this section may be made only to a person who is eligible
for the payment under subsection (a) or (b).
(2) In the case of a claim approved for payment but not
disbursed as a result of paragraph (1), the Secretary shall
hold the funds in trust for the person in an interest bearing
account until such time as the person makes an election under
such paragraph.
(g) Attorney Fees.--Notwithstanding any contract, the
representative of a person may not receive, for services
rendered in connection with the claim of, or with respect to, a
person under this section, more than 10 percent of the amount
of a payment made under this section on that claim.
(h) Outreach.--The Secretary of the Navy shall take such
actions as are necessary to ensure that the benefits and
eligibility for benefits under this section are widely
publicized by means designed to provide actual notice of the
availability of the benefits in a timely manner to the maximum
number of eligible persons practicable.
(i) Definition.--In this section, the term ``World War II''
has the meaning given that term in section 101(8) of title 38,
United States Code.

SEC. 668. SENSE OF CONGRESS CONCERNING FUNDING FOR RESERVE COMPONENTS.

It is the sense of Congress that it is in the national
interest for the President, in the President's Budget for each
fiscal year, to provide funds for the reserve components of the
Armed Forces at a level sufficient to ensure that the reserve
components are able to meet the requirements, including
training requirements, specified for them in the National
Military Strategy.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Health Care Services

Subtitle B--Senior Health Care

Subtitle C--TRICARE Program

Subtitle D--Demonstration Projects

Sec. 731. Demonstration project for expanded access to mental health
counselors.
Sec. 732. Teleradiology demonstration project.
Sec. 733. Health care management demonstration program.

Subtitle E--Joint Initiatives With Department of Veterans Affairs

Subtitle F--Other Matters

Subtitle A--Health Care Services

SEC. 701. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR CHAMPUS
BENEFICIARIES AND CERTAIN FORMER CHAMPUS
BENEFICIARIES.

(a) Continuation of Care for Certain CHAMPUS
Beneficiaries.--Section 703(a)(1) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 682; 10 U.S.C. 1077 note) is amended by inserting before
the period at the end the following: ``or by the prohibition in
section 1086(d)(1) of such title''.
(b) Reimbursement for Services Provided.--Section 703(a) of
such Act is further amended by adding at the end the following
new paragraph:
``(4) The Secretary may provide payment for domiciliary or
custodial care services provided to an eligible beneficiary for
which payment was discontinued by reason of section 1086(d) of
title 10, United States Code, and subsequently reestablished
under other legal authority. Such payment is authorized for the
period beginning on the date of discontinuation of payment for
domiciliary or custodial care services and ending on the date
of reestablishment of payment for such services.''.
(c) Cost Limitation for Individual Case Management
Program.--(1) Section 1079(a)(17) of title 10, United States
Code, is amended--
(A) by inserting ``(A)'' after ``(17)''; and
(B) by adding at the end the following:
``(B) The total amount expended under subparagraph
(A) for a fiscal year may not exceed $100,000,000.''.
(2) Section 703 of the National Defense Authorization Act
for Fiscal Year 2000 is further amended by adding at the end
the following:
``(e) Cost Limitation.--The total amount paid for services
for eligible beneficiaries under subsection (a) for a fiscal
year (together with the costs of administering the authority
under that subsection) shall be included in the expenditures
limited by section 1079(a)(17)(B) of title 10, United States
Code.''.
(3) The amendments made by paragraphs (1) and (2) shall
apply to fiscal years after fiscal year 1999.
(d) Study Required.--(1) Not later than the date that is
three months after the date of the enactment of this Act, the
Comptroller General of the United States shall undertake a
study to evaluate the coordination and effectiveness of the
supplemental disability health care programs of the Department
of Defense, the Program for Persons with Disabilities and the
Individual Case Management Program for Persons with
Disabilities, as such programs relate to other elements of the
TRICARE program in meeting the health care needs of disabled
dependents of members of the Armed Forces on active duty. The
Comptroller General shall examine--
(A) the number of such dependents who receive
services under the Program for Persons with
Disabilities, and the number of beneficiaries receiving
care under the Individual Case Management Program for
Persons with Disabilities, and a description of the
patterns of use and expenditures for services provided
under such programs;
(B) the effectiveness of the existing system for
coordinating the provision of services under the
TRICARE program and the supplemental disability
programs of the Department of Defense, including the
comprehensiveness of services and the cost
effectiveness of providing services;
(C) the extent to which the monthly maximum benefit
imposed under current law under the Program for Persons
with Disabilities affects the ability of beneficiaries
to obtain needed health care services;
(D) the number of beneficiaries who are receiving
services that supplement services to the TRICARE
program under the Program for Persons with Disabilities
and the Individual Case Management Program for Persons
with Disabilities; and
(E) the extent to which costs or lack of coverage
for health care services for disabled dependents of
members of the Armed Forces on active duty under
existing military health care programs has caused
increased enrollment of such dependents in medicaid
programs.
(2) Not later than April 16, 2001, the Comptroller General
shall submit to Congress a report on the results of the study
under this section, including recommendations for legislative
or administrative changes for providing a comprehensive,
efficient, and complete system of health care services for
disabled dependents of members of the Armed Forces on active
duty.

SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.

(a) Plan Required.--(1) Not later than March 31, 2001, the
Secretary of Defense shall complete development of a plan to
provide chiropractic health care services and benefits, as a
permanent part of the Defense Health Program (including the
TRICARE program), for all members of the uniformed services who
are entitled to care under section 1074(a) of title 10, United
States Code.
(2) The plan shall provide for the following:
(A) Access, at designated military medical
treatment facilities, to the scope of chiropractic
services as determined by the Secretary, which
includes, at a minimum, care for neuro-musculoskeletal
conditions typical among military personnel on active
duty.
(B) A detailed analysis of the projected costs of
fully integrating chiropractic health care services
into the military health care system.
(C) An examination of the proposed military medical
treatment facilities at which such services would be
provided.
(D) An examination of the military readiness
requirements for chiropractors who would provide such
services.
(E) An examination of any other relevant factors
that the Secretary considers appropriate.
(F) Phased-in implementation of the plan over a 5-
year period, beginning on October 1, 2001.
(b) Consultation Requirements.--The Secretary of Defense
shall consult with the other administering Secretaries
described in section 1073 of title 10, United States Code, and
the oversight advisory committee established under section 731
of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 10 U.S.C. 1092 note) regarding the
following:
(1) The development and implementation of the plan
required under subsection (a).
(2) Each report that the Secretary is required to
submit to Congress regarding the plan.
(3) The selection of the military medical treatment
facilities at which the chiropractic services described
in subsection (a)(2)(A) are to be provided.
(c) Continuation of Current Services.--Until the plan
required under subsection (a) is implemented, the Secretary
shall continue to furnish the same level of chiropractic health
care services and benefits under the Defense Health Program
that is provided during fiscal year 2000 at military medical
treatment facilities that provide such services and benefits.
(d) Report Required.--Not later than January 31, 2001, the
Secretary of Defense shall submit a report on the plan required
under subsection (a), together with appropriate appendices and
attachments, to the Committees on Armed Services of the Senate
and the House of Representatives.
(e) GAO Reports.--The Comptroller General shall monitor the
development and implementation of the plan required under
subsection (a), including the administration of services and
benefits under the plan, and periodically submit to the
committees referred to in subsection (d) written reports on
such development and implementation.

SEC. 703. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS FOR CERTAIN MINOR
DEPENDENTS.

Section 1076 of title 10, United States Code is amended by
adding at the end the following:
``(f)(1) The administering Secretaries shall furnish an
eligible dependent a physical examination that is required by a
school in connection with the enrollment of the dependent as a
student in that school.
``(2) A dependent is eligible for a physical examination
under paragraph (1) if the dependent--
``(A) is entitled to receive medical care under
subsection (a) or is authorized to receive medical care
under subsection (b); and
``(B) is at least 5 years of age and less than 12
years of age.
``(3) Nothing in paragraph (2) may be construed to prohibit
the furnishing of a school-required physical examination to any
dependent who, except for not satisfying the age requirement
under that paragraph, would otherwise be eligible for a
physical examination required to be furnished under this
subsection.''.

SEC. 704. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL BENEFITS FOR
SURVIVING DEPENDENTS OF CERTAIN DECEASED MEMBERS.

(a) Dental Benefits.--Section 1076a(k)(2) of title 10,
United States Code, is amended by striking ``one-year period''
and inserting ``three-year period''.
(b) Medical Benefits.--Section 1079(g) of title 10, United
States Code, is amended by striking ``one-year period'' in the
second sentence and inserting ``three-year period''.

SEC. 705. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF CONTRACT
PHYSICIANS AT MILITARY ENTRANCE PROCESSING STATIONS
AND ELSEWHERE OUTSIDE MEDICAL TREATMENT FACILITIES.

Section 1091(a)(2) of title 10, United States Code, is
amended by striking ``December 31, 2000'' in the second
sentence and inserting ``December 31, 2002''.

SEC. 706. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS.

(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074g the following
new section:

``Sec. 1074h. Medical and dental care: medal of honor recipients;
dependents

``(a) Medal of Honor Recipients.--A former member of the
armed forces who is a Medal of Honor recipient and who is not
otherwise entitled to medical and dental benefits under this
chapter may, upon request, be given medical and dental care
provided by the administering Secretaries in the same manner as
if entitled to retired pay.
``(b) Immediate Dependents.--A person who is an immediate
dependent of a Medal of Honor recipient and who is not
otherwise entitled to medical and dental benefits under this
chapter may, upon request, be given medical and dental care
provided by the administering Secretaries in the same manner as
if the Medal of Honor recipient were, or (if deceased) was at
the time of death, entitled to retired pay.
``(c) Definitions--In this section:
``(1) The term `Medal of Honor recipient' means a
person who has been awarded a medal of honor under
section 3741, 6241, or 8741 of this title or section
491 of title 14.
``(2) The term `immediate dependent' means a
dependent described in subparagraph (A), (B), (C), or
(D) of section 1072(2) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1074g the following new item:

``1074h. Medical and dental care: medal of honor recipients;
dependents.''.

(b) Effective Date.--Section 1074h of title 10, United
States Code, shall apply with respect to medical and dental
care provided on or after the date of the enactment of this
Act.

Subtitle B--Senior Health Care

SEC. 711. IMPLEMENTATION OF TRICARE SENIOR PHARMACY PROGRAM.

(a) Expansion of TRICARE Senior Pharmacy Program.--Section
723 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2068; 10
U.S.C. 1073 note) is amended--
(1) in subsection (a)--
(A) by striking ``October 1, 1999'' and
inserting ``April 1, 2001''; and
(B) by striking ``who reside in an area
selected under subsection (f)'';
(2) by amending subsection (b) to read as follows:
``(b) Program Requirements.--The same coverage for pharmacy
services and the same requirements for cost sharing and
reimbursement as are applicable under section 1086 of title 10,
United States Code, shall apply with respect to the program
required by subsection (a).'';
(3) in subsection (d)--
(A) by striking ``December 31, 2000'' and
inserting ``December 31, 2001''; and
(B) by striking ``December 31, 2002'' and
inserting ``December 31, 2003'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by
inserting ``and'' after the semicolon;
(ii) in subparagraph (C), by
striking ``; and'' and inserting a
period; and
(iii) by striking subparagraph (D);
and
(B) in paragraph (2), by striking ``at the
time'' and all that follows through
``facility'' and inserting ``, before April 1,
2001, has attained the age of 65 and did not
enroll in the program described in such
paragraph''; and
(5) by striking subsection (f).
(b) Termination of Demonstration Project and Retail
Pharmacy Network Requirements.--Section 702 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 1079 note) is amended by adding at the end the
following:
``(h) Termination.--This section shall cease to apply to
the Secretary of Defense on the date after the implementation
of section 711 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 that the Secretary
determines appropriate, with a view to minimizing instability
with respect to the provision of pharmacy benefits, but in no
case later than the date that is one year after the date of the
enactment of such Act.''.

SEC. 712. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS AND TRICARE UPON THE
ATTAINMENT OF AGE 65; EXPANSION AND MODIFICATION OF
MEDICARE SUBVENTION PROJECT.

(a) Eligibility of Medicare Eligible Persons.--(1) Section
1086(d) of title 10, United States Code, is amended--
(A) by striking paragraph (2) and inserting the
following:
``(2) The prohibition contained in paragraph (1) shall not
apply to a person referred to in subsection (c) who--
``(A) is enrolled in the supplementary medical
insurance program under part B of such title (42 U.S.C.
1395j et seq.); and
``(B) in the case of a person under 65 years of
age, is entitled to hospital insurance benefits under
part A of title XVIII of the Social Security Act
pursuant to subparagraph (A) or (C) of section
226(b)(2) of such Act (42 U.S.C. 426(b)(2)) or section
226A(a) of such Act (42 U.S.C. 426-1(a)).''; and
(B) in paragraph (4), by striking ``paragraph (1)
who satisfy only the criteria specified in
subparagraphs (A) and (B) of paragraph (2), but not
subparagraph (C) of such paragraph,'' and inserting
``subparagraph (B) of paragraph (2) who do not satisfy
the condition specified in subparagraph (A) of such
paragraph''.
(2) Subsection (a)(4)(A) of section 1896 of the Social
Security Act (42 U.S.C. 1395ggg) is amended to read as follows:
``(A) is eligible for health benefits under
section 1086 of such title by reason of
subsection (c)(1) of such section;''.
(3) The amendments made by paragraphs (1) and (2) shall
take effect on October 1, 2001.
(b) 1-Year Extension of Medicare Subvention Project.--
Section 1896 of the Social Security Act (42 U.S.C. 1395ggg) is
amended--
(1) in subsection (b)(4), by striking ``3-year
period'' and inserting ``4-year period''; and
(2) in subsection (i)(4)--
(A) by striking ``and'' at the end of
subparagraph (B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) $70,000,000 for calendar year
2001.''.
(c) Further Extension of Medicare Subvention Project.--(1)
Subsection (b)(4) of section 1896 of the Social Security Act
(42 U.S.C. 1395ggg) is amended by striking the period at the
end and inserting the following: ``, except that the
administering Secretaries may negotiate and (subject to section
701(f) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001) enter into a new or revised agreement
under paragraph (1)(A) to continue the project after the end of
such period. If the project is so continued, the administering
Secretaries may terminate the agreement under which the program
operates after providing notice to Congress in accordance with
subsection (k)(2)(B)(v).''.
(2) Such section is further amended--
(A) in the heading, by striking ``demonstration
project'' and inserting ``program'';
(B) by amending paragraph (2) of subsection (a) to
read as follows:
``(2) Program.--The term `program' means the program
carried out under this section.'';
(C) by striking ``Demonstration Project'' and
``demonstration project'' and ``project'' each place
each appears and inserting ``Program'', ``program'',
and ``program'' respectively; and
(D) by striking ``demonstration'' in the heading of
subsection (j)(1).
(3) Subsection (i)(4) of such section is amended to read as
follows:
``(4) Cap on amount.--The maximum aggregate
expenditures from the trust funds under this subsection
pursuant to the agreement entered into between the
administering Secretaries under subsection (b) for a
fiscal year (before fiscal year 2006) shall not exceed
the amount agreed by the Secretaries to be the amount
that would have been expended from the trust funds on
beneficiaries who enroll in the program, had the
program not been established, plus the following:
``(A) $35,000,000 for fiscal year 2002.
``(B) $55,000,000 for fiscal year 2003.
``(C) $75,000,000 for fiscal year 2004.
``(D) $100,000,000 for fiscal year 2005.''.
(d) Authorizing Program Expansion and Modifications.--(1)
Paragraph (2) of subsection (b) of such section 1896 is amended
to read as follows:
``(2) Location of sites.--Subject to subsection
(k)(2)(B), the program shall be conducted in any site
that is designated jointly by the administering
Secretaries.''.
(2) Subsection (d)(2) of such section is amended by
inserting ``, or (subject to subsection (k)(2)(B)) such
comparable requirements as are included in the agreement under
subsection (b)(1)(A)'' after ``the following areas''.
(3) Subsection (i) of such section is amended--
(A) in paragraph (2), by inserting ``subject to
paragraph (4),'' after ``paragraph (1)''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) Modification of payment methodology.--The
administering Secretaries may, subject to subsection
(k)(2)(B), modify the payment methodology provided
under paragraphs (1) and (2) so long as the amount of
the reimbursement provided to the Secretary of Defense
fully reimburses the Department of Defense for its cost
of providing services under the program but does not
exceed an amount that is estimated to be equivalent to
the amount that otherwise would have been expended
under this title for such services if provided other
than under the program (not including amounts described
in paragraph (2)). Such limiting amount may be based
for any site on the amount that would be payable to
Medicare+Choice organizations under part C for the area
of the site or the amounts that would be payable under
parts A and B.''.
(e) Change in Reports.--Paragraph (2) of subsection (k) of
such section 1896 is amended to read as follows:
``(2) Reports on program operation and changes.--
``(A) Annual report.--The administering
Secretaries shall submit to the Committees on
Armed Services and Finance of the Senate and
the Committees on Armed Services and Ways and
Means of the House of Representatives an annual
report on the program and its impact on costs
and the provision of health services under this
title and title 10, United States Code.
``(B) Before making certain program
changes.--The administering Secretaries shall
submit to such Committees a report at least 60
days before--
``(i) changing the designation of a
site under subsection (b)(2);
``(ii) applying comparable
requirements under subsection (d)(2);
``(iii) making significant changes
in payment methodology or amounts under
subsection (i)(4);
``(iv) making other significant
changes in the operation of the
program; or
``(v) terminating the agreement
under the second sentence of subsection
(b)(4).
``(C) Explanation.--Each report under
subparagraph (B) shall include justifications
for the changes or termination to which the
report refers.''.
(f) Conditional Effective Date.--(1) Upon negotiating an
agreement under the amendment made by subsection (c)(1), the
Secretary of Defense and the Secretary of Health and Human
Services shall jointly transmit a notification of the proposed
agreement to the Committee on Armed Services and the Committee
on Finance of the Senate and the Committee on Armed Services
and the Committee on Ways and Means of the House of
Representatives, and shall include with the transmittal a copy
of the proposed agreement and all related agreements and
supporting documents.
(2) Such proposed agreement shall take effect, and the
amendments made by subsections (c)(2), (c)(3), (d), and (e)
shall take effect, on such date as is provided for in such
agreement and in an Act enacted after the date of the enactment
of this Act.

SEC. 713. ACCRUAL FUNDING FOR HEALTH CARE FOR MEDICARE-ELIGIBLE
RETIREES AND DEPENDENTS.

(a) Establishment of Fund.--(1) Part II of subtitle A of
title 10, United States Code, is amended by inserting after
chapter 55 the following new chapter:

``CHAPTER 56--DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH
CARE FUND

``Sec.
``1111. Establishment and purpose of Fund; definitions.
``1112. Assets of Fund.
``1113. Payments from the Fund.
``1114. Board of Actuaries.
``1115. Determination of contributions to the Fund.
``1116. Payments into the Fund.
``1117. Investment of assets of Fund.

``Sec. 1111. Establishment and purpose of Fund; definitions

``(a) There is established on the books of the Treasury a
fund to be known as the Department of Defense Medicare-Eligible
Retiree Health Care Fund (hereinafter in this chapter referred
to as the ``Fund''), which shall be administered by the
Secretary of the Treasury. The Fund shall be used for the
accumulation of funds in order to finance on an actuarially
sound basis liabilities of the Department of Defense under
Department of Defense retiree health care programs for
medicare-eligible beneficiaries.
``(b) In this chapter:
``(1) The term `Department of Defense retiree
health care programs for medicare-eligible
beneficiaries' means the provisions of this title or
any other provision of law creating entitlement to
health care for a medicare-eligible member or former
member of the uniformed services entitled to retired or
retainer pay, or a medicare-eligible dependent of a
member or former member of the uniformed services
entitled to retired or retainer pay.
``(2) The term `medicare-eligible' means entitled
to benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.).
``(3) The term `dependent' means a dependent (as
such term is defined in section 1072 of this title)
described in section 1076(b)(1) of this title.

``Sec. 1112. Assets of Fund

``There shall be deposited into the Fund the following,
which shall constitute the assets of the Fund:
``(1) Amounts paid into the Fund under section 1116
of this title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the
Fund.

``Sec. 1113. Payments from the Fund

``(a) There shall be paid from the Fund amounts payable for
Department of Defense retiree health care programs for
medicare-eligible beneficiaries.
``(b) The assets of the Fund are hereby made available for
payments under subsection (a).

``Sec. 1114. Board of Actuaries

``(a)(1) There is established in the Department of Defense
a Department of Defense Medicare-Eligible Retiree Health Care
Board of Actuaries (hereinafter in this chapter referred to as
the ``Board''). The Board shall consist of three members who
shall be appointed by the Secretary of Defense from among
qualified professional actuaries who are members of the Society
of Actuaries.
``(2)(A) Except as provided in subparagraph (B), the
members of the Board shall serve for a term of 15 years, except
that a member of the Board appointed to fill a vacancy
occurring before the end of the term for which his predecessor
was appointed shall only serve until the end of such term. A
member may serve after the end of his term until his successor
has taken office. A member of the Board may be removed by the
Secretary of Defense for misconduct or failure to perform
functions vested in the Board, and for no other reason.
``(B) Of the members of the Board who are first appointed
under this paragraph, one each shall be appointed for terms
ending five, ten, and 15 years, respectively, after the date of
appointment, as designated by the Secretary of Defense at the
time of appointment.
``(3) A member of the Board who is not otherwise an
employee of the United States is entitled to receive pay at the
daily equivalent of the annual rate of basic pay of the highest
rate of basic pay under the General Schedule of subchapter III
of chapter 53 of title 5, for each day the member is engaged in
the performance of duties vested in the Board, and is entitled
to travel expenses, including a per diem allowance, in
accordance with section 5703 of title 5.
``(b) The Board shall report to the Secretary of Defense
annually on the actuarial status of the Fund and shall furnish
its advice and opinion on matters referred to it by the
Secretary.
``(c) The Board shall review valuations of the Fund under
section 1115(c) of this title and shall report periodically,
not less than once every four years, to the President and
Congress on the status of the Fund. The Board shall include in
such reports recommendations for such changes as in the Board's
judgment are necessary to protect the public interest and
maintain the Fund on a sound actuarial basis.

``Sec. 1115. Determination of contributions to the Fund

``(a) The Board shall determine the amount that is the
present value (as of October 1, 2002) of future benefits
payable from the Fund that are attributable to service in the
uniformed services performed before October 1, 2002. That
amount is the original unfunded liability of the Fund. The
Board shall determine the period of time over which the
original unfunded liability should be liquidated and shall
determine an amortization schedule for the liquidation of such
liability over that period. Contributions to the Fund for the
liquidation of the original unfunded liability in accordance
with such schedule shall be made as provided in section 1116(b)
of this title.
``(b)(1) The Secretary of Defense shall determine each
year, in sufficient time for inclusion in budget requests for
the following fiscal year, the total amount of Department of
Defense contributions to be made to the Fund during that fiscal
year under section 1116(a) of this title. That amount shall be
the sum of the following:
``(A) The product of--
``(i) the current estimate of the value of
the single level dollar amount to be determined
under subsection (c)(1)(A) at the time of the
next actuarial valuation under subsection (c);
and
``(ii) the expected average force strength
during that fiscal year for members of the
uniformed services on active duty (other than
active duty for training) and full-time
National Guard duty (other than full-time
National Guard duty for training only).
``(B) The product of--
``(i) the current estimate of the value of
the single level dollar amount to be determined
under subsection (c)(1)(B) at the time of the
next actuarial valuation under subsection (c);
and
``(ii) the expected average force strength
during that fiscal year for members of the
Ready Reserve of the uniformed services other
than members on full-time National Guard duty
other than for training) who are not otherwise
described in subparagraph (A)(ii).
``(2) The amount determined under paragraph (1) for any
fiscal year is the amount needed to be appropriated to the
Department of Defense for that fiscal year for payments to be
made to the Fund during that year under section 1116(a) of this
title. The President shall include not less than the full
amount so determined in the budget transmitted to Congress for
that fiscal year under section 1105 of title 31. The President
may comment and make recommendations concerning any such
amount.
``(c)(1) Not less often than every four years, the
Secretary of Defense shall carry out an actuarial valuation of
the Fund. Each such actuarial valuation shall include--
``(A) a determination (using the aggregate entry-
age normal cost method) of a single level dollar amount
for members of the uniformed services on active duty
(other than active duty for training) or full-time
National Guard duty (other than full-time National
Guard duty for training only); and
``(B) a determination (using the aggregate entry-
age normal cost method) of a single level dollar amount
for members of the Ready Reserve of the uniformed
services and other than members on full-time National
Guard duty other than for training) who are not
otherwise described by subparagraph (A).
Such single level dollar amounts shall be used for the purposes
of subsection (b) and section 1116(a) of this title.
``(2) If at the time of any such valuation there has been a
change in benefits under the Department of Defense retiree
health care programs for medicare-eligible beneficiaries that
has been made since the last such valuation and such change in
benefits increases or decreases the present value of amounts
payable from the Fund, the Secretary of Defense shall determine
an amortization methodology and schedule for the amortization
of the cumulative unfunded liability (or actuarial gain to the
Fund) created by such change and any previous such changes so
that the present value of the sum of the amortization payments
(or reductions in payments that would otherwise be made) equals
the cumulative increase (or decrease) in the present value of
such amounts.
``(3) If at the time of any such valuation the Secretary of
Defense determines that, based upon changes in actuarial
assumptions since the last valuation, there has been an
actuarial gain or loss to the Fund, the Secretary shall
determine an amortization methodology and schedule for the
amortization of the cumulative gain or loss to the Fund created
by such change in assumptions and any previous such changes in
assumptionsthrough an increase or decrease in the payments that
would otherwise be made to the Fund.
``(4) If at the time of any such valuation the Secretary of
Defense determines that, based upon the Fund's actuarial
experience (other than resulting from changes in benefits or
actuarial assumptions) since the last valuation, there has been
an actuarial gain or loss to the Fund, the Secretary shall
determine an amortization methodology and schedule for the
amortization of the cumulative gain or loss to the Fund created
by such actuarial experience and any previous actuarial
experience through an increase or decrease in the payments that
would otherwise be made to the Fund.
``(5) Contributions to the Fund in accordance with
amortization schedules under paragraphs (2), (3), and (4) shall
be made as provided in section 1116(b) of this title.
``(d) All determinations under this section shall be made
using methods and assumptions approved by the Board of
Actuaries (including assumptions of interest rates and medical
inflation) and in accordance with generally accepted actuarial
principles and practices.
``(e) The Secretary of Defense shall provide for the
keeping of such records as are necessary for determining the
actuarial status of the Fund.

``Sec. 1116. Payments into the Fund

``(a) The Secretary of Defense shall pay into the Fund at
the end of each month as the Department of Defense contribution
to the Fund for that month the amount that is the sum of the
following:
``(1) The product of--
``(A) the monthly dollar amount determined
using all the methods and assumptions approved
for the most recent (as of the first day of the
current fiscal year) actuarial valuation under
section 1115(c)(1)(A) of this title (except
that any statutory change in the Department of
Defense retiree health care programs for
medicare-eligible beneficiaries that is
effective after the date of that valuation and
on or before the first day of the current
fiscal year shall be used in such
determination); and
``(B) the total end strength for that month
for members of the uniformed services on active
duty (other than active duty for training) and
full-time National Guard duty (other than full-
time National Guard duty for training only).
``(2) The product of--
``(A) the level monthly dollar amount
determined using all the methods and
assumptions approved for the most recent (as of
the first day of the current fiscal year)
actuarial valuation under section 1115(c)(1)(B)
of this title (except that any statutory change
in the Department of Defense retiree health
care programs for medicare-eligible
beneficiaries that is effective after the date
of that valuation and on or before the first
day of the current fiscal year shall be used in
such determination); and
``(B) the total end strength for that month
for members of the Ready Reserve of the
uniformed services other than members on full-
time National Guard duty other than for
training) who are not otherwise described in
paragraph (1)(B). Amounts paid into the Fund
under this subsection shall be paid from funds
available for the Defense Health Program.
``(b)(1) At the beginning of each fiscal year the Secretary
of the Treasury shall promptly pay into the Fund from the
General Fund of the Treasury the amount certified to the
Secretary by the Secretary of Defense under paragraph (3). Such
payment shall be the contribution to the Fund for that fiscal
year required by sections 1115(a) and 1115(c) of this title.
``(2) At the beginning of each fiscal year the Secretary of
Defense shall determine the sum of the following:
``(A) The amount of the payment for that year under
the amortization schedule determined by the Board of
Actuaries under section 1115(a) of this title for the
amortization of the original unfunded liability of the
Fund.
``(B) The amount (including any negative amount)
for that year under the most recent amortization
schedule determined by the Secretary of Defense under
section 1115(c)(2) of this title for the amortization
of any cumulative unfunded liability (or any gain) to
the Fund resulting from changes in benefits.
``(C) The amount (including any negative amount)
for that year under the most recent amortization
schedule determined by the Secretary of Defense under
section 1115(c)(3) of this title for the amortization
of any cumulative actuarial gain or loss to the Fund
resulting from actuarial assumption changes.
``(D) The amount (including any negative amount)
for that year under the most recent amortization
schedule determined by the Secretary of Defense under
section 111(c)(4) of this title for the amortization of
any cumulative actuarial gain or loss to the Fund
resulting from actuarial experience.
``(3) The Secretary of Defense shall promptly certify the
amount determined under paragraph (2) each year to the
Secretary of the Treasury.

``Sec. 1117. Investment of assets of Fund

``The Secretary of the Treasury shall invest such portion
of the Fund as is not in the judgment of the Secretary of
Defense required to meet current withdrawals. Such investments
shall be in public debt securities with maturities suitable to
the needs of the Fund, as determined by the Secretary of
Defense, and bearing interest at rates determined by the
Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the
United States of comparable maturities. The income on such
investments shall be credited to and form a part of the
Fund.''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 55 the following new item:

``56. Department of Defense Medicare-Eligible Retiree Health Care
Fund........................................................1111.''.

(b) Delayed Effective Dates for Certain Provisions.--(1)
Sections 1113 and 1116 of title 10, United States Code (as
added by subsection (a)), shall take effect on October 1, 2002.
(2) Section 1115 of such title (as added by such
subsection) shall take effect on October 1, 2001.

Subtitle C--TRICARE Program

SEC. 721. 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 costs
would be avoided by performing specific procedures at
the affected military medical treatment facilities;
(2) the Secretary determines that a specific
procedure must be provided 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.

SEC. 722. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME REMOTE PROGRAM
IN THE CONTINENTAL UNITED STATES.

(a) Coverage of Other Uniformed Services.--(1) Section
1074(c) of title 10, United States Code, is amended--
(A) by striking ``armed forces'' each place it
appears, except in paragraph (3)(A), and inserting
``uniformed services'';
(B) in paragraph (1), by inserting after ``military
department'' in the first sentence the following: ``,
the Department of Transportation (with respect to the
Coast Guard when it is not operating as a service in
the Navy), or the Department of Health and Human
Services (with respect to the National Oceanic and
Atmospheric Administration and the Public Health
Service)'';
(C) in paragraph (2), by adding at the end the
following:
``(C) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this
paragraph.''; and
(D) in paragraph (3)(A), by striking ``The
Secretary of Defense may not require a member of the
armed forces described in subparagraph (B)'' and
inserting ``A member of the uniformed services
described in subparagraph (B) may not be required''.
(2)(A) Subsections (b), (c), and (d)(3) of section 731 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note) are
amended by striking ``Armed Forces'' and inserting ``uniformed
services''.
(B) Subsection (b) of such section is further amended by
adding at the end the following:
``(4) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this
subsection.''.
(C) Subsection (f) of such section is amended by adding at
the end the following:
``(3) The terms `uniformed services' and
`administering Secretaries' have the meanings given
those terms in section 1072 of title 10, United States
Code.''.
(3) Section 706(b) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 684) is
amended by striking ``Armed Forces'' and inserting ``uniformed
services (as defined in section 1072(1) of title 10, United
States Code)''.
(b) Coverage of Immediate Family.--(1) Section 1079 of
title 10, United States Code, is amended by adding at the end
the following:
``(p)(1) Subject to such exceptions as the Secretary of
Defense considers necessary, coverage for medical care under
this section for the dependents referred to in subsection (a)
of a member of the uniformed services referred to in section
1074(c)(3) of this title who are residing with the member, and
standards with respect to timely access to such care, shall be
comparable to coverage for medical care and standards for
timely access to such care under the managed care option of the
TRICARE program known as TRICARE Prime.
``(2) The Secretary of Defense shall enter into
arrangements with contractors under the TRICARE program or with
other appropriate contractors for the timely and efficient
processing of claims under this subsection.
``(3) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this
subsection.''.
(2) Section 731(b) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1811; 10
U.S.C. 1074 note) is amended--
(A) in paragraph (1), by adding at the end the
following: ``A dependent of the member, as described in
subparagraph (A), (D), or (I) of section 1072(2) of
title 10, United States Code, who is residing with the
member shall have the same entitlement to care and to
waiver of charges as the member.''; and
(B) in paragraph (2), by inserting ``or dependent
of the member, as the case may be,'' after ``(2) A
member''.
(c) Effective Dates; Applicability.--(1) The amendments
made by subsections (a)(1) and (b)(1) shall take effect on
October 1, 2001.
(2) The amendments made by subsection (a)(2), with respect
to members of the uniformed services, and the amendments made
by subsection (b)(2), with respect to dependents of members,
shall take effect on the date of the enactment of this Act and
shall expire with respect to a member or the dependents of a
member, respectively, on the later of the following:
(A) The date that is one year after the date of the
enactment of this Act.
(B) The date on which the policies required by the
amendments made by subsection (a)(1) or (b)(1) are
implemented with respect to the coverage of medical
care for and provision of such care to the member or
dependents, respectively.
(3) Section 731(b)(3) of Public Law 105-85 does not apply
to a member of the Coast Guard, the National Oceanic and
Atmospheric Administration, or the Commissioned Corps of the
Public Health Service, or to a dependent of a member of a
uniformed service.

SEC. 723. MODERNIZATION OF TRICARE BUSINESS PRACTICES AND INCREASE OF
USE OF MILITARY TREATMENT FACILITIES.

(a) Requirement To Implement Internet-Based System.--Not
later than October 1, 2001, the Secretary of Defense shall
implement a system to simplify and make accessible through the
use of the Internet, through commercially available systems and
products, critical administrative processes within the military
health care system and the TRICARE program. The purposes of the
system shall be to enhance efficiency, improve service, and
achieve commercially recognized standards of performance.
(b) Elements of System.--The system required by subsection
(a)--
(1) shall comply with patient confidentiality and
security requirements, and incorporate data
requirements, that are currently widely used by
insurers under medicare and commercial insurers;
(2) shall be designed to achieve improvements with
respect to--
(A) the availability and scheduling of
appointments;
(B) the filing, processing, and payment of
claims;
(C) marketing and information initiatives;
(D) the continuation of enrollments without
expiration;
(E) the portability of enrollments
nationwide;
(F) education of beneficiaries regarding
the military health care system and the TRICARE
program; and
(G) education of health care providers
regarding such system and program; and
(3) may be implemented through a contractor under
TRICARE Prime.
(c) Areas of Implementation.--The Secretary shall implement
the system required by subsection (a) in at least one region
under the TRICARE program.
(d) Plan for Improved Portability of Benefits.--Not later
than March 15, 2001, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a plan to provide portability and reciprocity
of benefits for all enrollees under the TRICARE program
throughout all TRICARE regions.
(e) Increase of Use of Military Medical Treatment
Facilities.--The Secretary shall initiate a program to maximize
the use of military medical treatment facilities by improving
the efficiency of health care operations in such facilities.
(f) Definition.--In this section the term ``TRICARE
program'' has the meaning given such term in section 1072 of
title 10, United States Code.

SEC. 724. EXTENSION OF TRICARE MANAGED CARE SUPPORT CONTRACTS.

(a) Authority.--Notwithstanding any other provision of law
and subject to subsection (b), any TRICARE managed care support
contract in effect, or in the final stages of acquisition, on
September 30, 1999, may be extended for four years.
(b) Conditions.--Any extension of a contract under
subsection (a)--
(1) may be made only if the Secretary of Defense
determines that it is in the best interest of the
United States to do so; and
(2) shall be based on the price in the final best
and final offer for the last year of the existing
contract as adjusted for inflation and other factors
mutually agreed to by the contractor and the Federal
Government.

SEC. 725. REPORT ON PROTECTIONS AGAINST HEALTH CARE PROVIDERS SEEKING
DIRECT REIMBURSEMENT FROM MEMBERS OF THE UNIFORMED
SERVICES.

Not later than January 31, 2001, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report recommending
practices to discourage or prohibit health care providers under
the TRICARE program, and individuals or entities working on
behalf of such providers, from seeking direct reimbursement
from members of the uniformed services or their dependents for
health care received by such members or dependents.

SEC. 726. VOLUNTARY TERMINATION OF ENROLLMENT IN TRICARE RETIREE DENTAL
PROGRAM.

(a) Procedures.--Section 1076c of title 10, United States
Code, is amended--
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the following
new subsection (i):
``(i) Voluntary Disenrollment.--(1) With respect to
enrollment in the dental insurance plan established under
subsection (a), the Secretary of Defense--
``(A) shall allow for a period of up to 30 days at
the beginning of the prescribed minimum enrollment
period during which an enrollee may disenroll; and
``(B) shall provide for limited circumstances under
which disenrollment shall be permitted during the
prescribed enrollment period, without jeopardizing the
fiscal integrity of the dental program.
``(2) The circumstances described in paragraph (1)(B) shall
include--
``(A) a case in which a retired member, surviving
spouse, or dependent of a retired member who is also a
Federal employee is assigned to a location outside the
jurisdiction of the dental insurance plan established
under subsection (a) that prevents utilization of
dental benefits under the plan;
``(B) a case in which a retired member, surviving
spouse, or dependent of a retired member is prevented
by a serious medical condition from being able to
obtain benefits under the plan;
``(C) a case in which severe financial hardship
would result; and
``(D) any other circumstances which the Secretary
considers appropriate.
``(3) The Secretary shall establish procedures for timely
decisions on requests for disenrollment under this section and
for appeal to the TRICARE Management Activity of adverse
decisions.''
(b) Clarifying Amendment.--The heading for subsection (f)
is amended by striking ``Termination'' and inserting ``Required
Terminations''.

SEC. 727. CLAIMS PROCESSING IMPROVEMENTS.

Beginning on the date of the enactment of this Act, the
Secretary of Defense shall, to the maximum extent practicable,
take all necessary actions to implement the following
improvements with respect to processing of claims under the
TRICARE program:
(1) Use of the TRICARE encounter data information
system rather than the health care service record in
maintaining information on covered beneficiaries under
chapter 55 of title 10, United States Code.
(2) Elimination of all delays in payment of claims
to health care providers that may result from the
development of the health care service record or
TRICARE encounter data information.
(3) Requiring all health care providers under the
TRICARE program that the Secretary determines are high-
volume providers to submit claims electronically.
(4) Processing 50 percent of all claims by health
care providers and institutions under the TRICARE
program by electronic means.
(5) Authorizing managed care support contractors
under the TRICARE program to require providers to
access information on the status of claims through the
use of telephone automated voice response units.

SEC. 728. PRIOR AUTHORIZATIONS FOR CERTAIN REFERRALS AND
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.

(a) Prohibition Regarding Prior Authorization for
Referrals.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1095e the following new
section:

``Sec. 1095f. TRICARE program: referrals for specialty health care

``The Secretary of Defense shall ensure that no contract
for managed care support under the TRICARE program includes any
requirement that a managed care support contractor require a
primary care or specialty care provider to obtain prior
authorization before referring a patient to a specialty care
provider that is part of the network of health care providers
or institutions of the contractor.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1095e the following new item:

``1095f. TRICARE program: referrals for specialty health care.''.

(b) Report.--Not later than February 1, 2001, the
Comptroller General shall submit to Congress a report on the
financial and management implications of eliminating the
requirement to obtain nonavailability-of-health-care statements
under section 1080 of title 10, United States Code.
(c) Effective Date.--Section 1095f of title 10, United
States Code, as added by subsection (a), shall apply with
respect to a TRICARE managed care support contract entered into
by the Department of Defense after the date of the enactment of
this Act.

Subtitle D--Demonstration Projects

SEC. 731. DEMONSTRATION PROJECT FOR EXPANDED ACCESS TO MENTAL HEALTH
COUNSELORS.

(a) Requirement To Conduct Demonstration Project.--The
Secretary of Defense shall conduct a demonstration project
under which licensed and certified professional mental health
counselors who meet eligibility requirements for participation
as providers under the Civilian Health and Medical Program of
the Uniformed Services (hereafter in this section referred to
as ``CHAMPUS'') or the TRICARE program may provide services to
covered beneficiaries under chapter 55 of title 10, United
States Code, without referral by physicians or adherence to
supervision requirements.
(b) Duration and Location of Project.--The Secretary shall
conduct the demonstration project required by subsection (a)--
(1) during the 2-year period beginning October 1,
2001; and
(2) in one established TRICARE region.
(c) Regulations.--The Secretary shall prescribe regulations
regarding participation in the demonstration project required
by subsection (a).
(d) Plan for Project.--Not later than March 31, 2001, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a plan to carry out
the demonstration project. The plan shall include, but not be
limited to, a description of the following:
(1) The TRICARE region in which the project will be
conducted.
(2) The estimated funds required to carry out the
demonstration project.
(3) The criteria for determining which professional
mental health counselors will be authorized to
participate under the demonstration project.
(4) The plan of action, including critical
milestone dates, for carrying out the demonstration
project.
(e) Report.--Not later than February 1, 2003, the Secretary
shall submit to Congress a report on the demonstration project
carried out under this section. The report shall include the
following:
(1) A description of the extent to which
expenditures for reimbursement of licensed or certified
professional mental health counselors change as a
result of allowing the independent practice of such
counselors.
(2) Data on utilization and reimbursement regarding
non-physician mental health professionals other than
licensed or certified professional mental health
counselors under CHAMPUS and the TRICARE program.
(3) Data on utilization and reimbursement regarding
physicians who make referrals to, and supervise, mental
health counselors.
(4) A description of the administrative costs
incurred as a result of the requirement for
documentation of referral to mental health counselors
and supervision activities for such counselors.
(5) For each of the categories described in
paragraphs (1) through (4), a comparison of data for a
1-year period for the area in which the demonstration
project is being implemented with corresponding data
for a similar area in which the demonstration project
is not being implemented.
(6) A description of the ways in which allowing for
independent reimbursement of licensed or certified
professional mental health counselors affects the
confidentiality of mental health and substance abuse
services for covered beneficiaries under CHAMPUS and
the TRICARE program.
(7) A description of the effect, if any, of
changing reimbursement policies on the health and
treatment of covered beneficiaries under CHAMPUS and
the TRICARE program, including a comparison of the
treatment outcomes of covered beneficiaries who receive
mental health services from licensed or certified
professional mental health counselors acting under
physician referral and supervision, other non-physician
mental health providers recognized under CHAMPUS and
the TRICARE program, and physicians, with treatment
outcomes under the demonstration project allowing
independent practice of professional counselors on the
same basis as other non-physician mental health
providers.
(8) The effect of policies of the Department of
Defense on the willingness of licensed or certified
professional mental health counselors to participate as
health care providers in CHAMPUS and the TRICARE
program.
(9) Any policy requests or recommendations
regarding mental health counselors made by health care
plans and managed care organizations participating in
CHAMPUS or the TRICARE program.

SEC. 732. TELERADIOLOGY DEMONSTRATION PROJECT.

(a) Authority To Conduct Project.--(1) The Secretary of
Defense may conduct a demonstration project for the purposes of
increasing efficiency of operations with respect to
teleradiology at military medical treatment facilities,
supporting remote clinics, and increasing coordination with
respect to teleradiology between such facilities and clinics.
Under the project, a military medical treatment facility and
each clinic supported by such facility shall be linked by a
digital radiology network through which digital radiology X-
rays may be sent electronically from clinics to the military
medical treatment facility.
(2) The demonstration project may be conducted at several
multispecialty tertiary-care military medical treatment
facilities affiliated with a university medical school. One of
such facilities shall be supported by at least 5 geographically
dispersed remote clinics of the Departments of the Army, Navy,
and Air Force, and clinics of the Department of Veterans
Affairs and the Coast Guard. Another of such facilities shall
be in an underserved rural geographic region served under
established telemedicine contracts between the Department of
Defense, the Department of Veterans Affairs, and a local
university.
(b) Duration of Project.--The Secretary shall conduct the
project during the 2-year period beginning on the date of the
enactment of this Act.

SEC. 733. HEALTH CARE MANAGEMENT DEMONSTRATION PROGRAM.

(a) Establishment.--The Secretary of Defense shall carry
out a demonstration program on health care management to
explore opportunities for improving the planning, programming,
budgeting systems, and management of the Department of Defense
health care system.
(b) Test Models.--Under the demonstration program, the
Secretary shall test the use of the following planning and
management models:
(1) A health care simulation model for studying
alternative delivery policies, processes,
organizations, and technologies.
(2) A health care simulation model for studying
long term disease management.
(c) Demonstration Sites.--The Secretary shall test each
model separately at one or more sites.
(d) Period for Program.--The demonstration program shall
begin not later than 180 days after the date of the enactment
of this Act and shall terminate on December 31, 2001.
(e) Reports.--The Secretary of Defense shall submit a
report on the demonstration program to the Committees on Armed
Services of the Senate and the House of Representatives not
later than March 15, 2002. The report shall include the
Secretary's assessment of the value of incorporating the use of
the tested planning and management models throughout the
planning, programming, budgeting systems, and management of the
Department of Defense health care system.
(f) Funding.--Of the amount authorized to be appropriated
under section 301(22), $6,000,000 shall be available for the
demonstration program under this section.

Subtitle E--Joint Initiatives With Department of Veterans Affairs

SEC. 741. VA-DOD SHARING AGREEMENTS FOR HEALTH SERVICES.

(a) Primacy of Sharing Agreements.--The Secretary of
Defense shall--
(1) give full force and effect to any agreement
into which the Secretary or the Secretary of a military
department entered under section 8111 of title 38,
United States Code, or under section 1535 of title 31,
United States Code, which was in effect on September
30, 1999; and
(2) ensure that the Secretary of the military
department concerned directly reimburses the Secretary
of Veterans Affairs for any services or resources
provided under such agreement in accordance with the
terms of such agreement, including terms providing for
reimbursement from funds available for that military
department.
(b) Modification or Termination.--Any agreement described
in subsection (a) shall remain in effect in accordance with
such subsection unless, during the 12-month period following
the date of the enactment of this Act, such agreement is
modified or terminated in accordance with the terms of such
agreement.

SEC. 742. PROCESSES FOR PATIENT SAFETY IN MILITARY AND VETERANS HEALTH
CARE SYSTEMS.

(a) Error Tracking Process.--The Secretary of Defense shall
implement a centralized process for reporting, compilation, and
analysis of errors in the provision of health care under the
defense health program that endanger patients beyond the normal
risks associated with the care and treatment of such patients.
To the extent practicable, that process shall emulate the
system established by the Secretary of Veterans Affairs for
reporting, compilation, and analysis of errors in the provision
of health care under the Department of Veterans Affairs health
care system that endanger patients beyond such risks.
(b) Sharing of Information.--The Secretary of Defense and
the Secretary of Veterans Affairs--
(1) shall share information regarding the designs
of systems or protocols established to reduce errors in
the provision of health care described in subsection
(a); and
(2) shall develop such protocols as the Secretaries
consider necessary for the establishment and
administration of effective processes for the
reporting, compilation, and analysis of such errors.

SEC. 743. COOPERATION IN DEVELOPING PHARMACEUTICAL IDENTIFICATION
TECHNOLOGY.

The Secretary of Defense and the Secretary of Veterans
Affairs shall cooperate in developing systems for the use of
bar codes for the identification of pharmaceuticals in the
health care programs of the Department of Defense and the
Department of Veterans Affairs. In any case in which a common
pharmaceutical is used in such programs, the bar codes for
those pharmaceuticals shall, to the maximum extent practicable,
be identical.

Subtitle F--Other Matters

SEC. 751. MANAGEMENT OF ANTHRAX VACCINE IMMUNIZATION PROGRAM.

(a) System and Procedures for Tracking Separations.--(1)
Chapter 59 of title 10, United States Code, is amended by
adding at the end the following new section:

``Sec. 1178. System and procedures for tracking separations resulting
from refusal to participate in anthrax vaccine
immunization program

``(a) Requirement To Establish System.--The Secretary of
each military department shall establish a system for tracking,
recording, and reporting separations of members of the armed
forces under the Secretary's jurisdiction that result from
procedures initiated as a result of a refusal to participate in
the anthrax vaccine immunization program.
``(b) Report.--The Secretary of Defense shall consolidate
the information recorded under the system described in
subsection (a) and shall submit to the Committees on Armed
Services of the Senate and the House of Representatives not
later than April 1 of each year a report on such information.
Each such report shall include a description of--
``(1) the number of members separated, categorized
by military department, grade, and active-duty or
reserve status; and
``(2) any other information determined appropriate
by the Secretary.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``1178. System and procedures for tracking separations resulting from
refusal to participate in anthrax vaccine immunization
program.''.

(b) Procedures for Exemptions; Monitoring Adverse
Reactions.--(1) Chapter 55 of such title is amended by adding
at the end the following new section:

``Sec. 1110. Anthrax vaccine immunization program; procedures for
exemptions and monitoring reactions

``(a) Procedures for Medical and Administrative
Exemptions.--(1) The Secretary of Defense shall establish
uniform procedures under which members of the armed forces may
be exempted from participating in the anthrax vaccine
immunization program for either administrative or medical
reasons.
``(2) The Secretaries of the military departments shall
provide for notification of all members of the armed forces of
the procedures established pursuant to paragraph (1).
``(b) System for Monitoring Adverse Reactions.--(1) The
Secretary shall establish a system for monitoring adverse
reactions of members of the armed forces to the anthrax
vaccine. That system shall include the following:
``(A) Independent review of Vaccine Adverse Event
Reporting System reports.
``(B) Periodic surveys of personnel to whom the
vaccine is administered.
``(C) A continuing longitudinal study of a pre-
identified group of members of the armed forces
(including men and women and members from all
services).
``(D) Active surveillance of a sample of members to
whom the anthrax vaccine has been administered that is
sufficient to identify, at the earliest opportunity,
any patterns of adverse reactions, the discovery of
which might be delayed by reliance solely on the
Vaccine Adverse Event Reporting System.
``(2) The Secretary may extend or expand any ongoing or
planned study or analysis of trends in adverse reactions of
members of the armed forces to the anthrax vaccine in order to
meet any of the requirements in paragraph (1).
``(3) The Secretary shall establish guidelines under which
members of the armed forces who are determined by an
independent expert panel to be experiencing unexplained adverse
reactions may obtain access to a Department of Defense Center
of Excellence treatment facility for expedited treatment and
follow up.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``1110. Anthrax vaccine immunization program; procedures for exemptions
and monitoring reactions.''.

(c) Emergency Essential Employees.--(1) Chapter 81 of such
title is amended by inserting after section 1580 the following
new section:

``Sec. 1580a. Emergency essential employees: notification of required
participation in anthrax vaccine immunization
program

``The Secretary of Defense shall--
``(1) prescribe regulations for the purpose of
ensuring that any civilian employee of the Department
of Defense who is determined to be an emergency
essential employee and who is required to participate
in the anthrax vaccine immunization program is notified
of the requirement to participate in the program and
the consequences of a decision not to participate; and
``(2) ensure that any individual who is being
considered for a position as such an employee is
notified of the obligation to participate in the
program before being offered employment in such
position.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1580
the following new item:

``1580a. Emergency essential employees: notification of required
participation in anthrax vaccine immunization program.''.

(d) Comptroller General Report.--(1) Not later than April
1, 2002, the Comptroller General shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the effect of the Department of
Defense anthrax vaccine immunization program on the recruitment
and retention of active duty and reserve military personnel and
civilian personnel of the Department of Defense. The study
shall cover the period beginning on the date of the enactment
of this Act and ending on December 31, 2001.
(2) The Comptroller General shall include in the report
required by paragraph (1) a description of any personnel
actions (including transfer, termination, or reassignment of
any personnel) taken as a result of the refusal of any civilian
employee of the Department of Defense to participate in the
anthrax vaccine immunization program.
(e) Deadlines for Establishment and Implementation.--The
Secretary of Defense shall--
(1) not later than April 1, 2001, establish the
uniform procedures for exemption from participation in
the anthrax vaccine immunization program of the
Department of Defense required under subsection (a) of
section 1110 of title 10, United States Code (as added
by subsection (b));
(2) not later than July 1, 2001, establish the
system for monitoring adverse reactions of members of
the Armed Forces to the anthrax vaccine required under
subsection (b)(1) of such section;
(3) not later than April 1, 2001, establish the
guidelines under which members of the Armed Forces may
obtain access to a Department of Defense Center of
Excellence treatment facility for expedited treatment
and follow up required under subsection (b)(3) of such
section; and
(4) not later than July 1, 2001, prescribe the
regulations regarding emergency essential employees of
the Department of Defense required under subsection (a)
of section 1580a of such title (as added by
subsection(c)).

SEC. 752. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY.

(a) No Copayment for Immediate Family.--Section 1097a of
title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e) No Copayment for Immediate Family.--No copayment
shall be charged a member for care provided under TRICARE Prime
to a dependent of a member of the uniformed services described
in subparagraph (A), (D), or (I) of section 1072 of this
title.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect 180 days after the date of the enactment of
this Act, and shall apply with respect to care provided on or
after that date.

SEC. 753. MEDICAL INFORMATICS.

(a) Additional Matters for Annual Report on Medical
Informatics Advisory Committee.--Section 723(d)(5) of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 697; 10 U.S.C. 1071 note) is amended to
read as follows:
``(5) The Secretary of Defense shall submit to Congress an
annual report on medical informatics. The report shall include
a discussion of the following matters:
``(A) The activities of the Committee.
``(B) The coordination of development, deployment,
and maintenance of health care informatics systems
within the Federal Government, and between the Federal
Government and the private sector.
``(C) The progress or growth occurring in medical
informatics.
``(D) How the TRICARE program and the Department of
Veterans Affairs health care system can use the
advancement of knowledge in medical informatics to
raise the standards of health care and treatment and
the expectations for improving health care and
treatment.''.
(b) Limitation on Fiscal Year 2001 Funding for
Pharmaceuticals-Related Medical Informatics.--Of the funds
authorized to be appropriated under section 301(22), any
amounts used for pharmaceuticals-related informatics may be
used only for the following:
(1) Commencement of the implementation of a new
computerized medical record, including an automated
entry order system for pharmaceuticals and an
infrastructure network that is compliant with the
provisions enacted in the Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191; 110
Stat. 1936), to make all relevant clinical information
on beneficiaries under the Defense Health Program
available when needed.
(2) An integrated pharmacy system under the Defense
Health Program that creates a single profile for all
pharmaceuticals for such beneficiaries prescribed at
military medical treatment facilities or private
pharmacies that are part of the Department of Defense
pharmacy network.

SEC. 754. PATIENT CARE REPORTING AND MANAGEMENT SYSTEM.

(a) Establishment.--The Secretary of Defense shall
establish a patient care error reporting and management system.
(b) Purposes of System.--The purposes of the system are as
follows:
(1) To study the occurrences of errors in the
patient care provided under chapter 55 of title 10,
United States Code.
(2) To identify the systemic factors that are
associated with such occurrences.
(3) To provide for action to be taken to correct
the identified systemic factors.
(c) Requirements for System.--The patient care error
reporting and management system shall include the following:
(1) A hospital-level patient safety center, within
the quality assurance department of each health care
organization of the Department of Defense, to collect,
assess, and report on the nature and frequency of
errors related to patient care.
(2) For each health care organization of the
Department of Defense and for the entire Defense health
program, patient safety standards that are necessary
for the development of a full understanding of patient
safety issues in each such organization and the entire
program, including the nature and types of errors and
the systemic causes of the errors.
(3) Establishment of a Department of Defense
Patient Safety Center within the Armed Forces Institute
of Pathology, which shall have the following missions:
(A) To analyze information on patient care
errors that is submitted to the Center by each
military health care organization.
(B) To develop action plans for addressing
patterns of patient care errors.
(C) To execute those action plans to
mitigate and control errors in patient care
with a goal of ensuring that the health care
organizations of the Department of Defense
provide highly reliable patient care with
virtually no error.
(D) To provide, through the Assistant
Secretary of Defense for Health Affairs, to the
Agency for Healthcare Research and Quality of
the Department of Health and Human Services any
reports that the Assistant Secretary determines
appropriate.
(E) To review and integrate processes for
reducing errors associated with patient care
and for enhancing patient safety.
(F) To contract with a qualified and
objective external organization to manage the
national patient safety database of the
Department of Defense.
(d) MedTeams Program.--The Secretary shall expand the
health care team coordination program to integrate that program
into all Department of Defense health care operations. In
carrying out this subsection, the Secretary shall take the
following actions:
(1) Establish not less than two Centers of
Excellence for the development, validation,
proliferation, and sustainment of the health care team
coordination program, one of which shall support all
fixed military health care organizations, the other of
which shall support all combat casualty care
organizations.
(2) Deploy the program to all fixed and combat
casualty care organizations of each of the Armed
Forces, at the rate of not less than 10 organizations
in each fiscal year.
(3) Expand the scope of the health care team
coordination program from a focus on emergency
department care to a coverage that includes care in all
major medical specialties, at the rate of not less than
one specialty in each fiscal year.
(4) Continue research and development investments
to improve communication, coordination, and team work
in the provision of health care.
(e) Consultation.--The Secretary shall consult with the
other administering Secretaries (as defined in section 1072(3)
of title 10, United States Code) in carrying out this section.

SEC. 755. AUGMENTATION OF ARMY MEDICAL DEPARTMENT BY DETAILING RESERVE
OFFICERS OF THE PUBLIC HEALTH SERVICE.

(a) Authority.--The Secretary of the Army and the Secretary
of Health and Human Services may jointly conduct a program to
augment the Army Medical Department by exercising any
authorities provided to those officials in law for the
detailing of reserve commissioned officers of the Public Health
Service not in an active status to the Army Medical Department
for that purpose.
(b) Agreement.--The Secretary of the Army and the Secretary
of Health and Human Services shall enter into an agreement
governing any program conducted under subsection (a).
(c) Assessment.--(1) The Secretary of the Army shall review
the laws providing the authorities described in subsection (a)
and assess the adequacy of those laws for authorizing--
(A) the Secretary of Health and Human Services to
detail reserve commissioned officers of the Public
Health Service not in an active status to the Army
Medical Department to augment that department; and
(B) the Secretary of the Army to accept the detail
of such officers for that purpose.
(2) The Secretary shall complete the review and assessment
under paragraph (1) not later than 90 days after the date of
the enactment of this Act.
(d) Report to Congress.--Not later than March 1, 2001, the
Secretary of the Army shall submit a report on the results of
the review and assessment under subsection (c) to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the following:
(1) The findings resulting from the review and
assessment.
(2) Any proposal for legislation that the Secretary
recommends to strengthen the authority of the Secretary
of Health and Human Services and the authority of the
Secretary of the Army to take the actions described in
subparagraphs (A) and (B), respectively, of subsection
(c)(1).
(e) Consultation Requirement.--The Secretary of the Army
shall consult with the Secretary of Health and Human Services
in carrying out the review and assessment under subsection (c)
and in preparing the report (including making recommendations)
under subsection (d).

SEC. 756. PRIVACY OF DEPARTMENT OF DEFENSE MEDICAL RECORDS.

(a) Comprehensive Plan.--Not later than April 1, 2001, the
Secretary of Defense shall submit to Congress a comprehensive
plan to improve privacy protections for medical records
maintained by the Department of Defense. Such plan shall be
consistent with the regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191; 42 U.S.C. 1320d-2 note).
(b) Interim Regulations.--(1) Notwithstanding any other
provision of law, the Secretary shall prescribe interim
regulations, pending full implementation of the comprehensive
plan described in subsection (a), to improve privacy
protections for medical records maintained by the Department of
Defense.
(2) The regulations prescribed under paragraph (1) shall
provide maximum protections for privacy consistent with such
actions that the Secretary determines are necessary for
purposes of national security, law enforcement, patient
treatment, public health reporting, accreditation and licensure
review activities, external peer review and other quality
assurance program activities, payment for health care services,
fraud and abuse prevention, judicial and administrative
proceedings, research consistent with regulations on
Governmentwide protection of human subjects, Department of
Veterans Affairs benefit programs, and any other purposes
identified by the Secretary for the responsible management of
the military health care system.

SEC. 757. AUTHORITY TO ESTABLISH SPECIAL LOCALITY-BASED REIMBURSEMENT
RATES; REPORTS.

(a) In General.--Section 1079(h) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) To assure access to care for all covered
beneficiaries, the Secretary of Defense, in consultation with
the other administering Secretaries, shall designate specific
rates for reimbursement for services in certain localities if
the Secretary determines that without payment of such rates
access to health care services would be severely impaired. Such
a determination shall be based on consideration of the number
of providers in a locality who provide the services, the number
of such providers who are CHAMPUS participating providers, the
number of covered beneficiaries under CHAMPUS in the locality,
the availability of military providers in the location or a
nearby location, and any other factors determined to be
relevant by the Secretary.''.
(b) Reports.--(1) Not later than March 31, 2001, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives and the
General Accounting Office a report on actions taken to carry
out section 1079(h)(5) of title 10, United States Code (as
added by subsection (a)) and section 1097b of such title.
(2) Not later than May 1, 2001, the Comptroller General
shall submit to Congress a report analyzing the utility of--
(A) increased reimbursement authorities with
respect to ensuring the availability of network
providers and nonnetwork providers under the TRICARE
program to covered beneficiaries under chapter 55 of
such title; and
(B) requiring a reimbursement limitation of 70
percent of usual and customary rates rather than 115
percent of maximum allowable charges under the Civilian
Health and Medical Program of the Uniformed Services.
(3)(A) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the extent to which physicians are
choosing not to participate in contracts for the furnishing of
health care in rural States under chapter 55 of title 10,
United States Code. The report shall include the following:
(i) The number of physicians in rural States who
are withdrawing from participation, or otherwise
refusing to participate, in the health care contracts.
(ii) The reasons for the withdrawals and refusals.
(iii) The actions that the Secretary of Defense can
take to encourage more physicians to participate in the
health care contracts.
(iv) Any recommendations for legislation that the
Secretary considers necessary to encourage more
physicians to participate in the health care contracts.
(B) In this paragraph, the term ``rural State'' means a
State that has, on average, as determined by the Bureau of the
Census in the latest decennial census--
(i) fewer than 76 residents per square mile; and
(ii) fewer than 211 actively practicing physicians
(not counting physicians employed by the United States)
per 100,000 residents.

SEC. 758. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES.

(a) In General.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074h (as added by
section 706) the following new section:

``Sec. 1074i. Reimbursement for certain travel expenses

``In any case in which a covered beneficiary is referred by
a primary care physician to a specialty care provider who
provides services more than 100 miles from the location in
which the primary care provider provides services to the
covered beneficiary, the Secretary shall provide reimbursement
for reasonable travel expenses for the covered beneficiary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074g the following new item:

``1074i. Reimbursement for certain travel expenses.''.

SEC. 759. REDUCTION OF CAP ON PAYMENTS.

Section 1086(b)(4) of title 10, United States Code, is
amended by striking ``$7,500'' and inserting ``$3,000''.

SEC. 760. TRAINING IN HEALTH CARE MANAGEMENT AND ADMINISTRATION.

(a) Expansion of Program.--Section 715(a) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat 375; 10 U.S.C. 1073 note) is amended--
(1) in the matter preceding paragraph (1), by
striking ``Not later than six months after the date of
the enactment of this Act, the'' and inserting ``The'';
(2) in paragraph (1)--
(A) by inserting ``, deputy commander, and
managed care coordinator'' after ``commander'';
and
(B) by inserting ``, and any other
person,'' after ``Defense''; and
(3) by amending subsection (b) to read as follows:
``(b) Limitation on Assignment Until Completion of
Training.--No person may be assigned as the commander, deputy
commander, or managed care coordinator of a military medical
treatment facility or as a TRICARE lead agent or senior member
of the staff of a TRICARE lead agent office until the Secretary
of the military department concerned submits a certification to
the Secretary of Defense that such person has completed the
training described in subsection (a).''.
(b) Report Requirement.--(1) Not later than 18 months after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on progress in meeting the
requirements of section 715 of such Act (as amended by
subsection (a)) by implementing a professional educational
program to provide appropriate training in health care
management and administration.
(2) The report required by paragraph (1) shall include the
following:
(A) A survey of professional civilian
certifications and credentials which demonstrate
achievement of the requirements of such section.
(B) A description of the continuing education
activities required to obtain initial certification and
periodic required recertification.
(C) A description of the prominence of such
credentials or certifications among senior civilian
health care executives.
(c) Applicability.--The amendments made by subsection (a)
to section 715 of such Act--
(1) shall apply to a deputy commander, a managed
care coordinator of a military medical treatment
facility, or a lead agent for coordinating the delivery
of health care by military and civilian providers under
the TRICARE program, who is assigned to such position
on or after the date that is one year after the date of
the enactment of this Act; and
(2) may apply, in the discretion of the Secretary
of Defense, to a deputy commander, a managed care
coordinator of such a facility, or a lead agent for
coordinating the delivery of such health care, who is
assigned to such position before the date that is one
year after the date of the enactment of this Act.

SEC. 761. STUDIES ON FEASIBILITY OF SHARING BIOMEDICAL RESEARCH
FACILITY.

(a) Studies Required.--(1) The Secretary of the Army shall
conduct a study on the feasibility of the Tripler Army Medical
Center, Hawaii, sharing a biomedical research facility with the
Department of Veterans Affairs and the School of Medicine at
the University of Hawaii for the purpose of making more
efficient use of funding for biomedical research.
(2) The Secretary of the Air Force shall conduct a study on
the feasibility of the Little Rock Medical Facility, Arkansas,
sharing a biomedical research facility with the Department of
Veterans Affairs and the School of Medicine at the University
of Arkansas for the purpose of making more efficient use of
funding for biomedical research.
(3) The biomedical research facilities described in
paragraphs (1) and (2) would include a clinical research center
and facilities for educational, academic, and laboratory
research.
(b) Reports.--Not later than March 1, 2001--
(1) the Secretary of the Army shall submit to the
Committees on Armed Services of the House of
Representatives and the Senate a report on the study
conducted under subsection (a)(1); and
(2) the Secretary of the Air Force shall submit to
such committees a report on the study conducted under
subsection (a)(2).

SEC. 762. 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 Medicareand 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.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations

Subtitle B--Information Technology

Subtitle C--Other Acquisition-Related Matters

Subtitle D--Studies and Reports

Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations

SEC. 801. DEPARTMENT OF DEFENSE ACQUISITION PILOT PROGRAMS.

(a) Extension of Authority.--Section 5064(d)(2) of the
Federal Acquisition Streamlining Act of 1994 (Public Law 103-
355; 108 Stat. 3361; 10 U.S.C. 2430 note) is amended by
striking ``45 days after the date of the enactment of this Act
and ends on September 30, 1998'' and inserting ``on October 13,
1994, and ends on October 1, 2007''.
(b) Expansion of JDAM Program.--Section 5064(a)(2) of such
Act is amended by striking ``1000-pound and 2000-pound bombs''
and inserting ``500-pound, 1000-pound, and 2000-pound bombs''.
(c) Report Required.--(1) Not later than January 1, 2001,
the Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a
report on the acquisition pilot programs of the Department of
Defense. The report shall describe, for each acquisition
program identified in section 5064(a) of the Federal
Acquisition Streamlining Act of 1994, the following:
(A) Each quantitative measure and goal established
for each item described in paragraph (2), which of such
goals have been achieved, and the extent to which the
use of the authorities in section 809 of the National
Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 10 U.S.C. 2430 note) and section 5064 of
the Federal Acquisition Streamlining Act of 1994 was a
factor in achieving each of such goals.
(B) Recommended revisions to statutes or the
Federal Acquisition Regulation as a result of
participation in the pilot program.
(C) Any innovative business practices developed as
a result of participation in the pilot program, whether
such business practices could be applied to other
acquisition programs, and any impediments to
application of such practices to other programs.
(D) Technological changes to the program, and to
what extent those changes affected the items in
paragraph (2).
(E) Any other information determined appropriate by
the Secretary.
(2) The items under this paragraph are, with respect to
defense acquisition programs, the following:
(A) The acquisition management costs.
(B) The unit cost of the items procured.
(C) The acquisition cycle.
(D) The total cost of carrying out the contract.
(E) Staffing necessary to carry out the program.

SEC. 802. MULTIYEAR SERVICES CONTRACTS.

(a) In General.--(1) Chapter 137 of title 10, United States
Code, is amended by inserting after section 2306b the
following:

``Sec. 2306c. Multiyear contracts: acquisition of services

``(a) Authority.--Subject to subsections (d) and (e), the
head of an agency may enter into contracts for periods of not
more than five years for services described in subsection (b),
and for items of supply related to such services, for which
funds would otherwise be available for obligation only within
the fiscal year for which appropriated whenever the head of the
agency finds that--
``(1) there will be a continuing requirement for
the services consonant with current plans for the
proposed contract period;
``(2) the furnishing of such services will require
a substantial initial investment in plant or equipment,
or the incurrence of substantial contingent liabilities
for the assembly, training, or transportation of a
specialized work force; and
``(3) the use of such a contract will promote the
best interests of the United States by encouraging
effective competition and promoting economies in
operation.
``(b) Covered Services.--The authority under subsection (a)
applies to the following types of services:
``(1) Operation, maintenance, and support of
facilities and installations.
``(2) Maintenance or modification of aircraft,
ships, vehicles, and other highly complex military
equipment.
``(3) Specialized training necessitating high
quality instructor skills (for example, pilot and air
crew members; foreign language training).
``(4) Base services (for example, ground
maintenance; in-plane refueling; bus transportation;
refuse collection and disposal).
``(c) Applicable Principles.--In entering into multiyear
contracts for services under the authority of this section, the
head of the agency shall be guided by the following principles:
``(1) The portion of the cost of any plant or
equipment amortized as a cost of contract performance
should not exceed the ratio between the period of
contract performance and the anticipated useful
commercial life of such plant or equipment. Useful
commercial life, for this purpose, means the commercial
utility of the facilities rather than the physical life
thereof, with due consideration given to such factors
as location of facilities, specialized nature thereof,
and obsolescence.
``(2) Consideration shall be given to the
desirability of obtaining an option to renew the
contract for a reasonable period not to exceed three
years, at prices not to include charges for plant,
equipment and other nonrecurring costs, already
amortized.
``(3) Consideration shall be given to the
desirability of reserving in the agency the right, upon
payment of theunamortized portion of the cost of the
plant or equipment, to take title thereto under appropriate
circumstances.
``(d) Restrictions Applicable Generally.--(1) The head of
an agency may not initiate under this section a contract for
services that includes an unfunded contingent liability in
excess of $20,000,000 unless the committees of Congress named
in paragraph (5) are notified of the proposed contract at least
30 days in advance of the award of the proposed contract.
``(2) The head of an agency may not initiate a multiyear
contract for services under this section if the value of the
multiyear contract would exceed $500,000,000 unless authority
for the contract is specifically provided by law.
``(3) The head of an agency may not terminate a multiyear
procurement contract for services until 10 days after the date
on which notice of the proposed termination is provided to the
committees of Congress named in paragraph (5).
``(4) Before any contract described in subsection (a) that
contains a clause setting forth a cancellation ceiling in
excess of $100,000,000 may be awarded, the head of the agency
concerned shall give written notification of the proposed
contract and of the proposed cancellation ceiling for that
contract to the committees of Congress named in paragraph (5),
and such contract may not then be awarded until the end of a
period of 30 days beginning on the date of such notification.
``(5) The committees of Congress referred to in paragraphs
(1), (3), and (4) are as follows:
``(A) The Committee on Armed Services and the
Committee on Appropriations of the Senate.
``(B) The Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
``(e) Cancellation or Termination for Insufficient Funding
After First Year.--In the event that funds are not made
available for the continuation of a multiyear contract for
services into a subsequent fiscal year, the contract shall be
canceled or terminated, and the costs of cancellation or
termination may be paid from--
``(1) appropriations originally available for the
performance of the contract concerned;
``(2) appropriations currently available for
procurement of the type of services concerned, and not
otherwise obligated; or
``(3) funds appropriated for those payments.
``(f) Multiyear Contract Defined.--For the purposes of this
section, a multiyear contract is a contract for the purchase of
services for more than one, but not more than five, program
years. Such a contract may provide that performance under the
contract during the second and subsequent years of the contract
is contingent upon the appropriation of funds and (if it does
so provide) may provide for a cancellation payment to be made
to the contractor if such appropriations are not made.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2306b the following:

``2306c. Multiyear contracts: acquisition of services.''.

(b) Reference to Relocated Authority.--Subsection (g) of
section 2306 of such title is amended to read as follows:
``(g) Multiyear contracting authority for the acquisition
of services is provided in section 2306c of this title.''.
(c) Conforming Amendment.--Section 2306b(k) of title 10,
United States Code, is amended by striking ``or services''.
(d) Applicability.--Section 2306c of title 10, United
States Code (as added by subsection (a)), shall apply with
respect to contracts for which solicitations of offers are
issued after the date of the enactment of this Act.

SEC. 803. CLARIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.

(a) Amendments to Authority.--Section 845 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note) is amended--
(1) by redesignating subsection (d) as subsection
(f); and
(2) by inserting after subsection (c) the following
new subsections:
``(d) Appropriate Use of Authority.--(1) The Secretary of
Defense shall ensure that no official of an agency enters into
a transaction (other than a contract, grant, or cooperative
agreement) for a prototype project under the authority of this
section unless--
``(A) there is at least one nontraditional defense
contractor participating to a significant extent in the
prototype project; or
``(B) no nontraditional defense contractor is
participating to a significant extent in the prototype
project, but at least one of the following
circumstances exists:
``(i) At least one third of the total cost
of the prototype project is to be paid out of
funds provided by parties to the transaction
other than the Federal Government.
``(ii) The senior procurement executive for
the agency (as designated for the purposes of
section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3))
determines in writing that exceptional
circumstances justify the use of a transaction
that provides for innovative business
arrangements or structures that would not be
feasible or appropriate under a contract.
``(2)(A) Except as provided in subparagraph (B), the
amounts counted for the purposes of this subsection as being
provided, or to be provided, by a party to a transaction with
respect to a prototype project that is entered into under this
section other than the Federal Government do not include costs
that were incurred before the date on which the transaction
becomes effective.
``(B) Costs that were incurred for a prototype project by a
party after the beginning of negotiations resulting in a
transaction (other than a contract, grant, or cooperative
agreement) with respect to the project before the date on which
the transaction becomes effective may be counted for purposes
of this subsection as being provided, or to be provided, by the
party to the transaction if and to the extent that the official
responsible for entering into the transaction determines in
writing that--
``(i) the party incurred the costs in anticipation
of entering into the transaction; and
``(ii) it was appropriate for the party to incur
the costs before the transaction became effective in
order to ensure the successful implementation of the
transaction.
``(e) Nontraditional Defense Contractor Defined.--In this
section, the term `nontraditional defense contractor' means an
entity that has not, for a period of at least one year prior to
the date that a transaction (other than a contract, grant, or
cooperative agreement) for a prototype project under the
authority of this section is entered into, entered into or
performed with respect to--
``(1) any contract that is subject to full coverage
under the cost accounting standards prescribed pursuant
to section 26 of the Office of Federal Procurement
Policy Act (41 U.S.C. 422) and the regulations
implementing such section; or
``(2) any other contract in excess of $500,000 to
carry out prototype projects or to perform basic,
applied, or advanced research projects for a Federal
agency, that is subject to the Federal Acquisition
Regulation.''.
(b) Extension of Authority.--Subsection (f) of such
section, as redesignated by subsection (a)(1), is amended by
striking ``September 30, 2001'' and inserting ``September 30,
2004''.

SEC. 804. CLARIFICATION OF AUTHORITY OF COMPTROLLER GENERAL TO REVIEW
RECORDS OF PARTICIPANTS IN CERTAIN PROTOTYPE
PROJECTS.

(a) Comptroller General Review.--Section 845(c) of the
National Defense Authorization Act for Fiscal Year 1994 (10
U.S.C. 2371 note) is amended--
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2) the following
new paragraph (3):
``(3)(A) The right provided to the Comptroller General in a
clause of an agreement under paragraph (1) is limited as
provided in subparagraph (B) in the case of a party to the
agreement, an entity that participates in the performance of
the agreement, or a subordinate element of that party or entity
if the only agreements or other transactions that the party,
entity, or subordinate element entered into with Government
entities in the year prior to the date of that agreement are
cooperative agreements or transactions that were entered into
under this section or section 2371 of title 10, United States
Code.
``(B) The only records of a party, other entity, or
subordinate element referred to in subparagraph (A) that the
Comptroller General may examine in the exercise of the right
referred to in that subparagraph are records of the same type
as the records that the Government has had the right to examine
under the audit access clauses of the previous agreements or
transactions referred to in such subparagraph that were entered
into by that particular party, entity, or subordinate
element.''.

SEC. 805. EXTENSION OF TIME PERIOD OF LIMITATION ON PROCUREMENT OF BALL
BEARINGS AND ROLLER BEARINGS.

Section 2534(c)(3) of title 10, United States Code, is
amended by striking ``October 1, 2000'' and inserting ``October
1, 2005''.

SEC. 806. REPORTING REQUIREMENTS RELATING TO MULTIYEAR CONTRACTS.

Section 2306b(l) of title 10, United States Code, is
amended--
(1) in paragraph (4)--
(A) in the matter preceding subparagraph
(A), by striking ``The head of an agency'' and
all that follows through ``following
information'' and inserting ``Not later than
the date of the submission of the President's
budget request under section 1105 of title 31,
the Secretary of Defense shall submit a report
to the congressional defense committees each
year, providing the following information with
respect to each multiyear contract (and each
extension of an existing multiyear contract)
entered into, or planned to be entered into, by
the head of an agency during the current or
preceding year''; and
(B) in subparagraph (B), by striking ``in
effect immediately before the contract (or
contract extension) is entered into'' and
inserting ``in effect at the time the report is
submitted'';
(2) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively; and
(3) by inserting after paragraph (4) the following
new paragraph (5):
``(5) The head of an agency may not enter into a multiyear
contract (or extend an existing multiyear contract), the value
of which would exceed $500,000,000 (when entered into or when
extended, as the case may be), until the Secretary of Defense
submits to the congressional defense committees a report
containing the information described in paragraph (4) with
respect to the contract (or contract extension).''.

SEC. 807. ELIGIBILITY OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED
BY WOMEN FOR ASSISTANCE UNDER THE MENTOR-PROTEGE
PROGRAM.

Section 831(m)(2) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note)
is amended--
(1) by striking ``or'' at the end of subparagraph
(C);
(2) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(3) by adding at the end the following:
``(E) a small business concern owned and
controlled by women, as defined in section
8(d)(3)(D) of the Small Business Act (15 U.S.C.
637(d)(3)(D)).''.

SEC. 808. QUALIFICATIONS REQUIRED FOR EMPLOYMENT AND ASSIGNMENT IN
CONTRACTING POSITIONS.

(a) Applicability of Requirements to Members of the Armed
Forces.--Section 1724 of title 10, United States Code, is
amended in the first sentence of subsection (d)--
(1) by striking ``employee of'' and inserting
``employee or member of''; and
(2) by striking ``employee possesses'' and
inserting ``employee or member possesses''.
(b) Mandatory Academic Qualifications.--(1) Subsection
(a)(3) of such section is amended--
(A) by inserting ``and'' before ``(B)''; and
(B) by striking ``, or (C)'' and all that follows
through ``listed in subparagraph (B)''.
(2) Subsection (b) of such section is amended to read as
follows:
``(b) GS-1102 Series Positions and Similar Military
Positions.--The Secretary of Defense shall require that a
person meet the requirements set forth in paragraph (3) of
subsection (a), but not the other requirements set forth in
that subsection, in order to qualify to serve in a position in
the Department of Defense in--
``(1) the GS-1102 occupational series; or
``(2) a similar occupational specialty if the
position is to be filled by a member of the armed
forces.''.
(c) Exception.--Subsection (c) of such section is amended
to read as follows:
``(c) Exception.--The requirements imposed under subsection
(a) or (b) shall not apply to a person for the purpose of
qualifying to serve in a position in which the person is
serving on September 30, 2000.''.
(d) Deletion of Unnecessary Cross References.--Subsection
(a) of such section is amended by striking ``(except as
provided in subsections (c) and (d))'' in the matter preceding
paragraph (1).
(e) Effective Date.--This section, and the amendments made
by this section, shall take effect on October 1, 2000, and
shall apply to appointments and assignments to contracting
positions made on or after that date.

SEC. 809. REVISION OF AUTHORITY FOR SOLUTIONS-BASED CONTRACTING PILOT
PROGRAM.

(a) Pilot Projects Under the Program.--Section 5312 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1492) is amended--
(1) in subsection (a), by striking ``subsection
(d)(2)'' and inserting ``subsection (d)''; and
(2) by striking subsection (d) and inserting the
following:
``(d) Pilot Program Projects.--The Administrator shall
authorize to be carried out under the pilot program--
``(1) not more than 10 projects, each of which has
an estimated cost of at least $25,000,000 and not more
than $100,000,000; and
``(2) not more than 10 projects for small business
concerns, each of which has an estimated cost of at
least $1,000,000 and not more than $5,000,000.''.
(b) Elimination of Requirement for Federal Funding of
Program Definition Phase.--Subsection (c)(9)(B) of such section
is amended by striking ``program definition phase (funded, in
the case of the source ultimately awarded the contract, by the
Federal Government)--'' and inserting ``program definition
phase--''.

SEC. 810. PROCUREMENT NOTICE OF CONTRACTING OPPORTUNITIES THROUGH
ELECTRONIC MEANS.

(a) Publication by Electronic Means.--Subsection (a) of
section 18 of the Office of Federal Procurement Policy Act (41
U.S.C. 416) is amended--
(1) in paragraph (1)(A), by striking ``furnish for
publication by the Secretary of Commerce'' and
inserting ``publish'';
(2) by striking paragraph (2) and inserting the
following:
``(2)(A) A notice of solicitation required to be published
under paragraph (1) may be published--
``(i) by electronic means that meets the
requirements for accessibility under paragraph (7); or
``(ii) by the Secretary of Commerce in the Commerce
Business Daily.
``(B) The Secretary of Commerce shall promptly publish in
the Commerce Business Daily each notice or announcement
received under this subsection for publication by that
means.''; and
(3) by adding at the end the following:
``(7) A publication of a notice of solicitation by
electronic means meets the requirements for accessibility under
this paragraph if the notice is electronically accessible in a
form that allows convenient and universal user access through
the single Government-wide point of entry designated in the
Federal Acquisition Regulation.''.
(b) Waiting Period for Issuance of Solicitation.--Paragraph
(3) of such subsection is amended--
(1) in the matter preceding subparagraph (A), by
striking ``furnish a notice to the Secretary of
Commerce'' and inserting ``publish a notice of
solicitation''; and
(2) in subparagraph (A), by striking ``by the
Secretary of Commerce''.
(c) Conforming Amendments To Small Business Act.--
Subsection (e) of section 8 of the Small Business Act (15
U.S.C. 637) is amended--
(1) in paragraph (1)(A), by striking ``furnish for
publication by the Secretary of Commerce'' and
inserting ``publish'';
(2) by striking paragraph (2) and inserting the
following:
``(2)(A) A notice of solicitation required to be published
under paragraph (1) may be published--
``(i) by electronic means that meet the
accessibility requirements under section 18(a)(7) of
the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)(7)); or
``(ii) by the Secretary of Commerce in the Commerce
Business Daily.
``(B) The Secretary of Commerce shall promptly publish in
the Commerce Business Daily each notice or announcement
received under this subsection for publication by that
means.''; and
(3) in paragraph (3)--
(A) in the matter preceding subparagraph
(A), by striking ``furnish a notice to the
Secretary of Commerce'' and inserting ``publish
a notice of solicitation''; and
(B) in subparagraph (A), by striking ``by
the Secretary of Commerce''.
(d) Periodic Reports on Implementation of Electronic
Commerce in Federal Procurement.--Section 30(e) of the Office
of Federal Procurement Policy Act (41 U.S.C. 426(e)) is
amended--
(1) in the first sentence, by striking ``Not later
than March 1, 1998, and every year afterward through
2003'' and inserting ``Not later than March 1 of each
even-numbered year through 2004''; and
(2) in paragraph (4)--
(A) by striking ``Beginning with the report
submitted on March 1, 1999, an'' and inserting
``An''; and
(B) by striking ``calendar year'' and
inserting ``two fiscal years''.
(e) Effective Date; Applicability.--The amendments made by
this section shall take effect on October 1, 2000. The
amendments made by subsections (a), (b), and (c) shall apply
with respect to solicitations issued on or after that date.

Subtitle B--Information Technology

SEC. 811. ACQUISITION AND MANAGEMENT OF INFORMATION TECHNOLOGY.

(a) Responsibility of DOD Chief Information Officer
Relating to Mission Critical and Mission Essential Information
Technology Systems.--Section 2223(a) of title 10, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph
(3);
(2) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(3) by adding at the end the following:
``(5) maintain a consolidated inventory of
Department of Defense mission critical and mission
essential information systems, identify interfaces
between those systems and other information systems,
and develop and maintain contingency plans for
responding to a disruption in the operation of any of
those information systems.''.
(b) Minimum Planning Requirements for the Acquisition of
Information Technology Systems.--(1) Not later than 60 days
after the date of the enactment of this Act, Department of
Defense Directive 5000.1 shall be revised to establish minimum
planning requirements for the acquisition of information
technology systems.
(2) The revised directive required by (1) shall--
(A) include definitions of the terms ``mission
critical information system'' and ``mission essential
information system'';
(B) prohibit the award of any contract for the
acquisition of a mission critical or mission essential
information technology system until--
(i) the system has been registered with the
Chief Information Officer of the Department of
Defense;
(ii) the Chief Information Officer has
received all information on the system that is
required under the directive to be provided to
that official; and
(iii) the Chief Information Officer has
determined that there is in place for the
system an appropriate information assurance
strategy; and
(C) require that, in the case of each system
registered pursuant to subparagraph (B)(i), the
information required under subparagraph (B)(ii) to be
submitted as part of the registration shall be updated
on not less than a quarterly basis.
(c) Milestone Approval for Major Automated Information
Systems.--The revised directive required by subsection (b)
shall prohibit Milestone I approval, Milestone II approval, or
Milestone III approval (or the equivalent) of a major automated
information system within the Department of Defense until the
Chief Information Officer has determined that--
(1) the system is being developed in accordance
with the requirements of division E of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1401 et seq.);
(2) appropriate actions have been taken with
respect to the system in the areas of business process
reengineering, analysis of alternatives, economic
analysis, and performance measures; and
(3) the system has been registered as described in
subsection (b)(2)(B).
(d) Notice of Redesignation of Systems.--(1) Whenever
during fiscal year 2001, 2002, or 2003 the Chief Information
Officer designates a system previously designated as a major
automated information system to be in a designation category
other than a major automated information system, the Chief
Information Officer shall notify the congressional defense
committees of that designation. The notice shall be provided
not later than 30 days after the date of that designation. Any
such notice shall include the rationale for the decision to
make the designation and a description of the program
management oversight that will be implemented for the system so
designated.
(2) Not later than 60 days after the date of the enactment
of this Act, the Chief Information Officer shall submit to the
congressional defense committees a report specifying each
information system of the Department of Defense previously
designated as a major automated information system that is
currently designated in a designation category other than a
major automated information system including designation as a
``special interest major technology initiative''. The report
shall include for each such system the information specified in
the third sentence of paragraph (1).
(e) Annual Implementation Report.--(1) The Secretary of
Defense shall submit to the congressional defense committees,
not later than April 1 of each of fiscal years 2001, 2002, and
2003, a report on the implementation of the requirements of
this section during the preceding fiscal year.
(2) The report for a fiscal year under paragraph (1) shall
include, at a minimum, for each major automated information
system that was approved during such preceding fiscal year
under Department of Defense Directive 5000.1 (as revised
pursuant to subsection (b)), the following:
(A) The funding baseline.
(B) The milestone schedule.
(C) The actions that have been taken to ensure
compliance with the requirements of this section and
the directive.
(3) The first report shall include, in addition to the
information required by paragraph (2), an explanation of the
manner in which the responsible officials within the Department
of Defense have addressed, or intend to address, the following
acquisition issues for each major automated information system
planned to be acquired after that fiscal year:
(A) Requirements definition.
(B) Presentation of a business case analysis,
including an analysis of alternatives and a calculation
of return on investment.
(C) Performance measurement.
(D) Test and evaluation.
(E) Interoperability.
(F) Cost, schedule, and performance baselines.
(G) Information assurance.
(H) Incremental fielding and implementation.
(I) Risk mitigation.
(J) The role of integrated product teams.
(K) Issues arising from implementation of the
Command, Control, Communications, Computers,
Intelligence, Surveillance, and Reconnaissance Plan
required by Department of Defense Directive 5000.1 and
Chairman of the Joint Chiefs of Staff Instruction
3170.01.
(L) Oversight, including the Chief Information
Officer's oversight of decision reviews.
(f) Definitions.--In this section:
(1) The term ``Chief Information Officer'' means
the senior official of the Department of Defense
designated by the Secretary of Defense pursuant to
section 3506 of title 44, United States Code.
(2) The term ``information technology system'' has
the meaning given the term ``information technology''
in section 5002 of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401).
(3) The term ``major automated information system''
has the meaning given that term in Department of
Defense Directive 5000.1.

SEC. 812. TRACKING AND MANAGEMENT OF INFORMATION TECHNOLOGY PURCHASES.

(a) In General.--(1) Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2225. Information technology purchases: tracking and management

``(a) Collection of Data Required.--To improve tracking and
management of information technology products and services by
the Department of Defense, the Secretary of Defense shall
provide for the collection of the data described in subsection
(b) for each purchase of such products or services made by a
military department or Defense Agency in excess of the
simplified acquisition threshold, regardless of whether such a
purchase is made in the form of a contract, task order,
delivery order, military interdepartmental purchase request, or
any other form of interagency agreement.
``(b) Data To Be Collected.--The data required to be
collected under subsection (a) includes the following:
``(1) The products or services purchased.
``(2) Whether the products or services are
categorized as commercially available off-the-shelf
items, other commercial items, nondevelopmental items
other than commercial items, other noncommercial items,
or services.
``(3) The total dollar amount of the purchase.
``(4) The form of contracting action used to make
the purchase.
``(5) In the case of a purchase made through an
agency other than the Department of Defense--
``(A) the agency through which the purchase
is made; and
``(B) the reasons for making the purchase
through that agency.
``(6) The type of pricing used to make the purchase
(whether fixed price or another type of pricing).
``(7) The extent of competition provided in making
the purchase.
``(8) A statement regarding whether the purchase
was made from--
``(A) a small business concern;
``(B) a small business concern owned and
controlled by socially and economically
disadvantaged individuals; or
``(C) a small business concern owned and
controlled by women.
``(9) A statement regarding whether the purchase
was made in compliance with the planning requirements
under sections 5122 and 5123 of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1422, 1423).
``(c) Responsibility To Ensure Fairness of Certain
Prices.--The head of each contracting activity in the
Department of Defense shall have responsibility for ensuring
the fairness and reasonableness of unit prices paid by the
contracting activity for information technology products and
services that are frequently purchased commercially available
off-the-shelf items.
``(d) Limitation on Certain Purchases.--No purchase of
information technology products or services in excess of the
simplified acquisition threshold shall be made for the
Department of Defense from a Federal agency outside the
Department of Defense unless--
``(1) the purchase data is collected in accordance
with subsection (a); or
``(2)(A) in the case of a purchase by a Defense
Agency, the purchase is approved by the Under Secretary
of Defense for Acquisition, Technology, and Logistics;
or
``(B) in the case of a purchase by a military
department, the purchase is approved by the senior
procurement executive of the military department.
``(e) Annual Report.--Not later than March 15 of each year,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing a summary of the data collected in accordance
with subsection (a).
``(f) Definitions.--In this section:
``(1) The term `senior procurement executive', with
respect to a military department, means the official
designated as the senior procurement executive for the
military department for the purposes of section 16(3)
of the Office of Federal Procurement Policy Act (41
U.S.C. 414(3)).
``(2) The term `simplified acquisition threshold'
has the meaning given the term in section 4(11) of the
Office of Federal Procurement Policy Act (41 U.S.C.
403(11)).
``(3) The term `small business concern' means a
business concern that meets the applicable size
standards prescribed pursuant to section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
``(4) The term `small business concern owned and
controlled by socially and economically disadvantaged
individuals' has the meaning given that term in section
8(d)(3)(C) of the Small Business Act (15 U.S.C.
637(d)(3)(C)).
``(5) The term `small business concern owned and
controlled by women' has the meaning given that term in
section 8(d)(3)(D) of the Small Business Act (15 U.S.C.
637(d)(3)(D)).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:

``2225. Information technology purchases: tracking and management.''.

(b) Time for Implementation; Applicability.--(1) The
Secretary of Defense shall collect data as required under
section 2225 of title 10, United States Code (as added by
subsection (a)) for all contractual actions covered by such
section entered into on or after the date that is one year
after the date of the enactment of this Act.
(2) Subsection (d) of such section shall apply with respect
to purchases described in that subsection for which
solicitations of offers are issued on or after the date that is
one year after the date of the enactment of this Act.
(c) GAO Report.--Not later than 15 months after the date of
the enactment of this Act, the Comptroller General shall submit
to the congressional defense committees a report on the
collection of data under such section 2225. The report shall
include the Comptroller General's assessment of the extent to
which the collection of data meets the requirements of that
section.

SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERIENCE AND
EDUCATION OF CONTRACTOR PERSONNEL IN THE
PROCUREMENT OF INFORMATION TECHNOLOGY SERVICES.

(a) Amendment of the Federal Acquisition Regulation.--Not
later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation issued in accordance
with sections 6 and 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 405 and 421) shall be amended to address
the use, in the procurement of information technology services,
of requirements regarding the experience and education of
contractor personnel.
(b) Content of Amendment.--The amendment issued pursuant to
subsection (a) shall, at a minimum, provide that solicitations
for the procurement of information technology services shall
not set forth any minimum experience or educational requirement
for proposed contractor personnel in order for a bidder to be
eligible for award of a contract unless--
(1) the contracting officer first determines that
the needs of the executive agency cannot be met without
any such requirement; or
(2) the needs of the executive agency require the
use of a type of contract other than a performance-
based contract.
(c) GAO Report.--Not later than one year after the date on
which the regulations required by subsection (a) are published
in the Federal Register, the Comptroller General shall submit
to Congress an evaluation of--
(1) executive agency compliance with the
regulations; and
(2) conformance of the regulations with existing
law, together with any recommendations that the
Comptroller General considers appropriate.
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning
given that term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
(2) The term ``information technology'' has the
meaning given that term in section 5002(3) of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)).
(3) The term ``performance-based'', with respect to
a contract, means that the contract includes the use of
performance work statements that set forth contract
requirements in clear, specific, and objective terms
with measurable outcomes.

SEC. 814. NAVY-MARINE CORPS INTRANET.

(a) Limitation.--None of the funds authorized to be
appropriated for the Department of the Navy may be obligated or
expended to carry out a Navy-Marine Corps Intranet contract
before--
(1) the Comptroller of the Department of Defense
and the Director of the Office of Management and
Budget--
(A) have reviewed--
(i) the Report to Congress on the
Navy-Marine Corps Intranet submitted by
the Department of the Navy on June 30,
2000; and
(ii) the Business Case Analysis
Supplement for the Report to Congress
on the Navy-Marine Corps Intranet
submitted by the Department of the Navy
on July 15, 2000; and
(B) have provided their written comments to
the Secretary of the Navy and the Chief of
Naval Operations; and
(2) the Secretary of the Navy and the Chief of
Naval Operations have submitted to Congress a joint
certification that they have reviewed the business case
for the contract and the comments provided by the
Comptroller of the Department of Defense and the
Director of the Office of Management and Budget and
that they have determined that the implementation of
the contract is in the best interest of the Department
of the Navy.
(b) Phased Implementation--(1) Upon the submission of the
certification under subsection (a)(2), the Secretary of the
Navy may commence a phased implementation of a Navy-Marine
Corps Intranet contract.
(2) Not more than 15 percent of the total number of work
stations to be provided under the Navy-Marine Corps Intranet
program may be provided in the first increment of
implementation of the Navy-Marine Corps Intranet contract.
(3) No work stations in excess of the number permitted by
paragraph (2) may be provided under the program until--
(A) the Secretary of the Navy has conducted
operational testing and cost review of the increment
covered by that paragraph;
(B) the Chief Information Officer of the Department
of Defense has certified to the Secretary of the Navy
that the results of the operational testing of the
Intranet are acceptable;
(C) the Comptroller of the Department of Defense
has certified to the Secretary of the Navy that the
cost review provides a reliable basis for forecasting
the cost impact of continued implementation; and
(D) the Secretary of the Navy and the Chief of
Naval Operations have submitted to Congress a joint
certification that they have reviewed the
certifications submitted under subparagraphs (B) and
(C) and have determined that the continued
implementation of the contract is in the best interest
of the Department of the Navy.
(4) No increment of the Navy-Marine Corps Intranet that is
implemented during fiscal year 2001 may include any activities
of the Marine Corps, the naval shipyards, or the naval aviation
depots. Funds available for fiscal year 2001 for activities of
the Marine Corps, the naval shipyards, or the naval aviation
depots may not be expended for any contract for the Navy-Marine
Corps Intranet.
(c) Prohibition on Increase of Rates Charged.--The
Secretary of the Navy shall ensure that rates charged by a
working capital funded industrial facility of the Department of
the Navy for goods or services provided by such facility are
not increased during fiscal year 2001 for the purpose of
funding the Navy-Marine Corps Intranet contract.
(d) Applicability of Statutory and Regulatory
Requirements.--The acquisition of a Navy-Marine Corps Intranet
shall be managed by the Department of the Navy in accordance
with the requirements of--
(1) the Clinger-Cohen Act of 1996 (divisions D and
E of Public Law 104-106), including the requirement for
utilizing modular contracting in accordance with
section 38 of the Office of Federal Procurement Policy
Act (41 U.S.C. 434); and
(2) Department of Defense Directives 5000.1 and
5000.2-R and all other directives, regulations, and
management controls that are applicable to major
investments in information technology and related
services.
(e) Impact on Federal Employees.--The Secretary shall
mitigate any adverse impact of the implementation of the Navy-
Marine Corps Intranet on civilian employees of the Department
of the Navy who, as of the date of the enactment of this Act,
are performing functions that are included in the scope of the
Navy-Marine Corps Intranet program by--
(1) developing a comprehensive plan for the
transition of such employees to the performance of
other functions within the Department of the Navy;
(2) taking full advantage of transition authorities
available for the benefit of employees;
(3) encouraging the retraining of employees who
express a desire to qualify for reassignment to the
performance of other functions within the Department of
the Navy; and
(4) including a provision in the Navy-Marine Corps
Intranet contract that requires the contractor to
provide a preference for hiring employees of the
Department of the Navy who, as of the date of the
enactment of this Act, are performing functions that
are included in the scope of the contract.
(f) Navy-Marine Corps Intranet Contract Defined.--In this
section, the term ``Navy-Marine Corps Intranet contract'' means
a contract providing for a long-term arrangement of the
Department of the Navy with the commercial sector that imposes
on the contractor a responsibility for, and transfers to the
contractor the risk of, providing and managing the significant
majority of desktop, server, infrastructure, and communication
assets and services of the Department of the Navy.

SEC. 815. SENSE OF CONGRESS REGARDING INFORMATION TECHNOLOGY SYSTEMS
FOR GUARD AND RESERVE COMPONENTS.

It is the sense of Congress--
(1) that the Secretary of Defense should take
appropriate steps to provide for upgrading information
technology systems of the reserve components to ensure
that those systems are capable, as required for mission
purposes, of communicating with other relevant
information technology systems of the military
department concerned and of the Department of Defense
in general; and
(2) that the Secretary of each military department
should ensure that communications systems for the
reserve components under the Secretary's jurisdiction
receive appropriate funding for information technology
systems in order to achieve the capability referred to
in paragraph (1).

Subtitle C--Other Acquisition-Related Matters

SEC. 821. IMPROVEMENTS IN PROCUREMENTS OF SERVICES.

(a) Preference for Performance-Based Service Contracting.--
Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation issued in accordance
with sections 6 and 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 405 and 421) shall be revised to
establish a preference for use of contracts and task orders for
the purchase of services in the following order of precedence:
(1) A performance-based contract or performance-
based task order that contains firm fixed prices for
the specific tasks to be performed.
(2) Any other performance-based contract or
performance-based task order.
(3) Any contract or task order that is not a
performance-based contract or a performance-based task
order.
(b) Incentive for Use of Performance-Based Service
Contracts.--(1) A Department of Defense performance-based
service contract or performance-based task order may be treated
as a contract for the procurement of commercial items if--
(A) the contract or task order is valued at
$5,000,000 or less;
(B) the contract or task order sets forth
specifically each task to be performed and, for each
task--
(i) defines the task in measurable,
mission-related terms;
(ii) identifies the specific end products
or output to be achieved; and
(iii) contains a firm fixed price; and
(C) the source of the services provides similar
services contemporaneously to the general public under
terms and conditions similar to those offered to the
Federal Government.
(2) The special simplified procedures provided in the
Federal Acquisition Regulation pursuant to section
2304(g)(1)(B) of title 10, United States Code, shall not apply
to a performance-based service contract or performance-based
task order that is treated as a contract for the procurement of
commercial items under paragraph (1).
(3) Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit a report on
the implementation of this subsection to the congressional
defense committees.
(4) The authority under this subsection shall not apply to
contracts entered into or task orders issued more than 3 years
after the date of the enactment of this Act.
(c) Centers of Excellence in Service Contracting.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of each military department shall establish
at least one center of excellence in contracting for services.
Each center of excellence shall assist the acquisition
community by identifying, and serving as a clearinghouse for,
best practices in contracting for services in the public and
private sectors.
(d) Enhanced Training in Service Contracting.--(1) The
Secretary of Defense shall ensure that classes focusing
specifically on contracting for services are offered by the
Defense Acquisition University and the Defense Systems
Management College and are otherwise available to contracting
personnel throughout the Department of Defense.
(2) The Secretary of each military department and the head
of each Defense Agency shall ensure that the personnel of the
department or agency, as the case may be, who are responsible
for the awarding and management of contracts for services
receive appropriate training that is focused specifically on
contracting for services.
(e) Definitions.--In this section:
(1) The term ``performance-based'', with respect to
a contract, a task order, or contracting, means that
the contract, task order, or contracting, respectively,
includes the use of performance work statements that
set forth contract requirements in clear, specific, and
objective terms with measurable outcomes.
(2) The term ``commercial item'' has the meaning
given the term in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)).
(3) The term ``Defense Agency'' has the meaning
given the term in section 101(a)(11) of title 10,
United States Code.

SEC. 822. FINANCIAL ANALYSIS OF USE OF DUAL RATES FOR QUANTIFYING
OVERHEAD COSTS AT ARMY AMMUNITION PLANTS.

(a) Requirement for Analysis.--The Secretary of the Army
shall carry out a financial analysis of the costs that would be
incurred and the benefits that would be derived from the
implementation of a policy of using--
(1) one set of rates for quantifying the overhead
costs associated with Government-owned ammunition
plants of the Department of the Army when allocating
those costs to contractors operating the plants; and
(2) another set of rates for quantifying the
overhead costs to be allocated to the operation of such
plants by employees of the United States.
(b) Report.--Not later than February 15, 2001, the
Secretary shall submit to the congressional defense committees
a report on the results of the analysis carried out under
subsection (a). The report shall include the following:
(1) The costs and benefits identified in the
analysis under subsection (a).
(2) The risks to the United States of implementing
a dual-rate policy described in subsection (a).
(3) The effects that a use of dual rates under such
a policy would have on the defense industrial base of
the United States.

SEC. 823. REPEAL OF PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS
FOR PROCUREMENT OF NUCLEAR-CAPABLE SHIPYARD CRANE
FROM A FOREIGN SOURCE.

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

SEC. 824. EXTENSION OF WAIVER PERIOD FOR LIVE-FIRE SURVIVABILITY
TESTING FOR MH-47E AND MH-60K HELICOPTER
MODIFICATION PROGRAMS.

(a) Existing Waiver Period Not Applicable.--Section
2366(c)(1) of title 10, United States Code, shall not apply
with respect to survivability and lethality tests for the MH-
47E and MH-60K helicopter modification programs. Except as
provided in the previous sentence, the provisions and
requirements in section 2366(c) of such title shall apply with
respect to such programs, and the certification required by
subsection (b) shall comply with the requirements in paragraph
(3) of such section.
(b) Extended Period for Waiver.--With respect to the MH-47E
and MH-60K helicopter modification programs, the Secretary of
Defense may waive the application of the survivability and
lethality tests described in section 2366(a) of title 10,
United States Code, if the Secretary, before full materiel
release of the MH-47E and MH-60K helicopters for operational
use, certifies to Congress that live-fire testing of the
programs would be unreasonably expensive and impracticable.
(c) Conforming Amendment.--Section 142(a) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2338) is amended by striking ``and survivability
testing'' in paragraphs (1) and (2).

SEC. 825. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES OF EQUIPMENT
AND PRODUCTS.

(a) Sense of Congress Regarding Purchase by the Department
of Defense of 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 fully comply with the Buy
American Act (41 U.S.C. 10a et seq.) and section 2533 of title
10, United States Code.
(b) 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.

SEC. 826. REQUIREMENT TO DISREGARD CERTAIN AGREEMENTS IN AWARDING
CONTRACTS FOR THE PURCHASE OF FIREARMS OR
AMMUNITION.

In accordance with the requirements contained in the
amendments enacted in the Competition in Contracting Act of
1984 (title VII of division B of Public Law 98-369; 98 Stat.
1175), the Secretary of Defense may not, in awarding a contract
for the purchase of firearms or ammunition, take into account
whether a manufacturer or vendor of firearms or ammunition is a
party to an agreement under which the manufacturer or vendor
agrees to adopt limitations with respect to importing,
manufacturing, or dealing in firearms or ammunition in the
commercial market.

Subtitle D--Studies and Reports

SEC. 831. STUDY ON IMPACT OF FOREIGN SOURCING OF SYSTEMS ON LONG-TERM
MILITARY READINESS AND RELATED INDUSTRIAL
INFRASTRUCTURE.

(a) Study Required.--The Secretary of Defense shall conduct
a study analyzing in detail--
(1) the amount and sources of parts, components,
and materials of the systems described in subsection
(b) that are obtained from foreign sources;
(2) the impact of obtaining such parts, components,
and materials from foreign sources on the long-term
readiness of the Armed Forces and on the economic
viability of the national technology and industrial
base;
(3) the impact on military readiness that would
result from the loss of the ability to obtain parts,
components, and materials identified pursuant to
paragraph (1) from foreign sources; and
(4) the availability of domestic sources for parts,
components, and materials identified as being obtained
from foreign sources pursuant to paragraph (1).
(b) Systems.--The systems referred to in subsection (a) are
the following:
(1) AH-64D Apache helicopter.
(2) F/A-18 E/F aircraft.
(3) M1A2 Abrams tank.
(4) AIM-120 AMRAAM missile.
(5) Patriot missile ground station.
(6) Hellfire missile.
(c) Source of Information.--The Secretary shall collect
information to be analyzed under the study from prime
contractors and first and second tier subcontractors.
(d) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report describing the results of the study
required by this section.
(e) Definitions.--In this section:
(1) The term ``domestic source'' means a person or
organization that falls within the term ``national
technology and industrial base'', as defined in section
2500(1) of title 10, United States Code.
(2) The term ``foreign source'' means a person or
organization that does not fall within the meaning of
the term ``national technology and industrial base'',
as defined in such section.
(3) The term ``national technology and industrial
base'' has the meaning given that term in such section.

SEC. 832. STUDY OF POLICIES AND PROCEDURES FOR TRANSFER OF COMMERCIAL
ACTIVITIES.

(a) GAO-Convened Panel.--The Comptroller General shall
convene a panel of experts to study the policies and procedures
governing the transfer of commercial activities for the Federal
Government from Government personnel to a Federal contractor,
including--
(1) procedures for determining whether functions
should continue to be performed by Government
personnel;
(2) procedures for comparing the costs of
performance of functions by Government personnel and
the costs of performance of such functions by Federal
contractors;
(3) implementation by the Department of Defense of
the Federal Activities Inventory Reform Act of 1998
(Public Law 105-270; 31 U.S.C. 501 note); and
(4) procedures of the Department of Defense for
public-private competitions pursuant to the Office of
Management and Budget Circular A-76.
(b) Composition of Panel.--(1) The Comptroller General
shall appoint highly qualified and knowledgeable persons to
serve on the panel and shall ensure that the following entities
receive fair representation on the panel:
(A) The Department of Defense.
(B) Persons in private industry.
(C) Federal labor organizations.
(D) The Office of Management and Budget.
(2) For the purposes of the requirement for fair
representation under paragraph (1), persons serving on the
panel under subparagraph (C) of that paragraph shall not be
counted as persons serving on the panel under subparagraph (A),
(B), or (D) of that paragraph.
(c) Chairman.--The Comptroller General, or an individual
within the General Accounting Office designated by the
Comptroller General, shall be the chairman of the panel.
(d) Participation by Other Interested Parties.--The
chairman shall ensure that all interested parties, including
individuals who are not represented on the panel who are
officers or employees of the United States, persons in private
industry, or representatives of Federal labor organizations,
have the opportunity to submit information and views on the
matters being studied by the panel.
(e) Information From Agencies.--The panel may request
directly from any department or agency of the United States any
information that the panel considers necessary to carry out a
meaningful study of the policies and procedures described in
subsection (a), including the Office of Management and Budget
Circular A-76 process. To the extent consistent with applicable
laws and regulations, the head of such department or agency
shall furnish the requested information to the panel.
(f) Report.--Not later than May 1, 2002, the Comptroller
General shall submit the report of the panel on the results of
the study to Congress, including recommended changes with
respect to implementation of policies and enactment of
legislation.
(g) Definition.--In this section, the term ``Federal labor
organization'' has the meaning given the term ``labor
organization'' in section 7103(a)(4) of title 5, United States
Code.

SEC. 833. STUDY AND REPORT ON PRACTICE OF CONTRACT BUNDLING IN MILITARY
CONSTRUCTION CONTRACTS.

(a) Study Required.--The Comptroller General of the United
States shall conduct a study regarding the use of the practice
known as ``contract bundling'' with respect to military
construction contracts.
(b) Report.--Not later than February 1, 2001, the
Comptroller General shall submit to the committees on Armed
Services of the Senate and the House of Representatives a
report on the results of the study conducted under subsection
(a).

SEC. 834. 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, small business
concerns owned and controlled by socially and economically
disadvantaged individuals, small business concerns owned and
controlled by women, and historically underutilized business
zones (as such terms are used in the Small Business Act (15
U.S.C. 631 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.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Duties and Functions of Department of Defense Officers

Subtitle B--Department of Defense Organizations

Subtitle C--Information Security

Sec. 921. Institute for Defense Computer Security and Information
Protection.
Sec. 922. Information security scholarship program.

Subtitle D--Reports

Subtitle E--Other Matters

Subtitle A--Duties and Functions of Department of Defense Officers

SEC. 901. OVERALL SUPERVISION OF DEPARTMENT OF DEFENSE ACTIVITIES FOR
COMBATING TERRORISM.

Section 138(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6)(A) One of the Assistant Secretaries, as designated by
the Secretary of Defense from among those Assistant Secretaries
with responsibilities that include responsibilities related to
combating terrorism, shall have, among that Assistant
Secretary's duties, the duty to provide overall direction and
supervision for policy, program planning and execution, and
allocation and use of resources for the activities of the
Department of Defense for combating terrorism, including
antiterrorism activities, counterterrorism activities,
terrorism consequences management activities, and terrorism-
related intelligence support activities.
``(B) The Assistant Secretary designated under subparagraph
(A) shall be the principal civilian adviser to the Secretary of
Defense on combating terrorism and (after the Secretary and
Deputy Secretary) shall be the principal official within the
senior management of the Department of Defense responsible for
combating terrorism.
``(C) If the Secretary of Defense designates under
subparagraph (A) an Assistant Secretary other than the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict, then the responsibilities of the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict related to combating terrorism shall be exercised
subject to subparagraph (B).''.

SEC. 902. CHANGE OF TITLE OF CERTAIN POSITIONS IN THE HEADQUARTERS,
MARINE CORPS.

(a) Institution of Positions as Deputy Commandants.--
Section 5041(b) of title 10, United States Code, is amended--
(1) by striking paragraphs (3) through (5) and
inserting the following:
``(3) The Deputy Commandants.''; and
(2) by redesignating paragraphs (6) and (7) as
paragraphs (4) and (5), respectively.
(b) Designation of Deputy Commandants.--(1) Section 5045 of
such title is amended to read as follows:

``Sec. 5045. Deputy Commandants

``There are in the Headquarters, Marine Corps, not more
than five Deputy Commandants, detailed by the Secretary of the
Navy from officers on the active-duty list of the Marine
Corps.''.
(2) The item relating to section 5045 in the table of
sections at the beginning of chapter 506 of such title is
amended to read as follows:

``5045. Deputy Commandants.''.

(c) Conforming Amendment.--Section 1502(7)(D) of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 401) is amended
to read as follows:
``(D) the Deputy Commandant of the Marine
Corps with responsibility for personnel
matters.''.

SEC. 903. CLARIFICATION OF SCOPE OF INSPECTOR GENERAL AUTHORITIES UNDER
MILITARY WHISTLEBLOWER LAW.

(a) Clarification of Responsibilities.--Subsection
(c)(3)(A) of section 1034 of title 10, United States Code, is
amended by inserting ``, in accordance with regulations
prescribed under subsection (h),'' after ``shall expeditiously
determine''.
(b) Redefinition of Inspector General.--Subsection (i)(2)
of such section is amended--
(1) by inserting ``any of'' in the matter preceding
subparagraph (A) after ``means'';
(2) by striking subparagraphs (C), (D), (E), (F)
and (G); and
(3) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) Any officer of the armed forces or
employee of the Department of Defense who is
assigned or detailed to serve as an Inspector
General at any level in the Department of
Defense.''.

SEC. 904. POLICY TO ENSURE CONDUCT OF SCIENCE AND TECHNOLOGY PROGRAMS
SO AS TO FOSTER THE TRANSITION OF SCIENCE AND
TECHNOLOGY TO HIGHER LEVELS OF RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION.

(a) In General.--(1) Chapter 139 of title 10, United States
Code, is amended by inserting after section 2358 the following
new section:

``Sec. 2359. Science and technology programs to be conducted so as to
foster the transition of science and technology to
higher levels of research, development, test, and
evaluation

``(a) Policy.--Each official specified in subsection (b)
shall ensure that the management and conduct of the science and
technology programs under the authority of that official are
carried out in a manner that will foster the transition of
science and technology to higher levels of research,
development, test, and evaluation.
``(b) Covered Officials.--Subsection (a) applies to the
following officials of the Department of Defense:
``(1) The Under Secretary of Defense for
Acquisition, Technology, and Logistics.
``(2) The Secretary of each military department.
``(3) The Director of the Defense Advanced Research
Projects Agency.
``(4) The directors and heads of other offices and
agencies of the Department of Defense with assigned
research, development, test, and evaluation
responsibilities.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2358
the following new item:

``2359. Science and technology programs to be conducted so as to foster
the transition of science and technology to higher levels of
research, development, test, and evaluation.''.

(b) Office of Naval Research.--Section 5022(b) of title 10,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph
(2);
(2) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(4) the execution of, and management
responsibility for, programs for which funds are
provided in the basic and applied research and advanced
technology categories of the Department of the Navy
research, development, test, and evaluation budget in
such a manner that will foster the transition of
science and technology to higher levels of research,
development, test and evaluation.''.

SEC. 905. ADDITIONAL COMPONENTS OF CHAIRMAN OF THE JOINT CHIEFS OF
STAFF ANNUAL REPORT ON COMBATANT COMMAND
REQUIREMENTS.

(a) Additional Components.--Section 153(d)(1) of title 10,
United States Code, is amended by adding at the end the
following new subparagraphs:
``(C) A description of the extent to which the most
recent future-years defense program (under section 221
of this title) addresses the requirements on the
consolidated lists.
``(D) A description of the funding proposed in the
President's budget for the next fiscal year, and for
the subsequent fiscal years covered by the most recent
future-years defense program, to address each
deficiency in readiness identified during the joint
readiness review conducted under section 117 of this
title for the first quarter of the current fiscal
year.''.
(b) Time for Submission.--Such section is further amended
by striking ``Not later than August 15 of each year,'' and
inserting ``At or about the time that the budget is submitted
to Congress for a fiscal year under section 1105(a) of title
31,''.

Subtitle B--Department of Defense Organizations

SEC. 911. WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.

(a) In General.--Chapter 108 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2166. Western Hemisphere Institute for Security Cooperation

``(a) Establishment and Administration.--(1) The Secretary
of Defense may operate an education and training facility for
the purpose set forth in subsection (b). The facility shall be
known as the `Western Hemisphere Institute for Security
Cooperation'.
``(2) The Secretary may designate the Secretary of a
military department as the Department of Defense executive
agent for carrying out the responsibilities of the Secretary of
Defense under this section.
``(b) Purpose.--The purpose of the Institute is to provide
professional education and training to eligible personnel of
nations of the Western Hemisphere within the context of the
democratic principles set forth in the Charter of the
Organization of American States (such charter being a treaty to
which the United States is a party), while fostering mutual
knowledge, transparency, confidence, and cooperation among the
participating nations and promoting democratic values, respect
for human rights, and knowledge and understanding of United
States customs and traditions.
``(c) Eligible Personnel.--(1) Subject to paragraph (2),
personnel of nations of the Western Hemisphere are eligible for
education and training at the Institute as follows:
``(A) Military personnel.
``(B) Law enforcement personnel.
``(C) Civilian personnel.
``(2) The Secretary of State shall be consulted in the
selection of foreign personnel for education or training at the
Institute.
``(d) Curriculum.--(1) The curriculum of the Institute
shall include mandatory instruction for each student, for at
least 8 hours, on human rights, the rule of law, due process,
civilian control of the military, and the role of the military
in a democratic society.
``(2) The curriculum may include instruction and other
educational and training activities on the following:
``(A) Leadership development.
``(B) Counterdrug operations.
``(C) Peace support operations.
``(D) Disaster relief.
``(E) Any other matter that the Secretary
determines appropriate.
``(e) Board of Visitors.--(1) There shall be a Board of
Visitors for the Institute. The Board shall be composed of the
following:
``(A) The chairman and ranking minority member of
the Committee on Armed Services of the Senate, or a
designee of either of them.
``(B) The chairman and ranking minority member of
the Committee on Armed Services of the House of
Representatives, or a designee of either of them.
``(C) Six persons designated by the Secretary of
Defense including, to the extent practicable, persons
from academia and the religious and human rights
communities.
``(D) One person designated by the Secretary of
State.
``(E) The senior military officer responsible for
training and doctrine for the Army or, if the Secretary
of the Navy or the Secretary of the Air Force is
designated as the executive agent of the Secretary of
Defense under subsection (a)(2), the senior military
officer responsible for training and doctrine for the
Navy or Marine Corps or for the Air Force,
respectively, or a designee of the senior military
officer concerned.
``(F) The commander of the unified combatant
command having geographic responsibility for Latin
America, or a designee of that officer.
``(2) A vacancy in a position on the Board shall be filled
in the same manner as the position was originally filled.
``(3) The Board shall meet at least once each year.
``(4)(A) The Board shall inquire into the curriculum,
instruction, physical equipment, fiscal affairs, and academic
methods of the Institute, other matters relating to the
Institute that the Board decides to consider, and any other
matter that the Secretary of Defense determines appropriate.
``(B) The Board shall review the curriculum of the
Institute to determine whether--
``(i) the curriculum complies with applicable
United States laws and regulations;
``(ii) the curriculum is consistent with United
States policy goals toward Latin America and the
Caribbean;
``(iii) the curriculum adheres to current United
States doctrine; and
``(iv) the instruction under the curriculum
appropriately emphasizes the matters specified in
subsection (d)(1).
``(5) Not later than 60 days after its annual meeting, the
Board shall submit to the Secretary of Defense a written report
of its activities and of its views and recommendations
pertaining to the Institute.
``(6) Members of the Board shall not be compensated by
reason of service on the Board.
``(7) With the approval of the Secretary of Defense, the
Board may accept and use the services of voluntary and
uncompensated advisers appropriate to the duties of the Board
without regard to section 1342 of title 31.
``(8) Members of the Board and advisers whose services are
accepted under paragraph (7) shall be allowed travel and
transportation expenses, including per diem in lieu of
subsistence, while away from their homes or regular places of
business in the performance of services for the Board.
Allowances under this paragraph shall be computed--
``(A) in the case of members of the Board who are
officers or employees of the United States, at rates
authorized for employees of agencies under subchapter I
of chapter 57 of title 5; and
``(B) in the case of other members of the Board and
advisers, as authorized under section 5703 of title 5
for employees serving without pay.
``(9) The Federal Advisory Committee Act (5 U.S.C. App. 2),
other than section 14 (relating to termination after two
years), shall apply to the Board.
``(f) Fixed Costs.--The fixed costs of operating and
maintaining the Institute for a fiscal year may be paid from--
``(1) any funds available for that fiscal year for
operation and maintenance for the executive agent
designated under subsection (a)(2); or
``(2) if no executive agent is designated under
subsection (a)(2), any funds available for that fiscal
year for the Department of Defense for operation and
maintenance for Defense-wide activities.
``(g) Tuition.--Tuition fees charged for persons who attend
the Institute may not include the fixed costs of operating and
maintaining the Institute.
``(h) Annual Report.--Not later than March 15 of each year,
the Secretary of Defense shall submit to Congress a detailed
report on the activities of the Institute during the preceding
year. The report shall be prepared in consultation with the
Secretary of State.''.
(b) Repeal of Authority for United States Army School of
the Americas.--Section 4415 of title 10, United States Code, is
repealed.
(c) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 108 of title 10, United States Code, is
amended by inserting after the item relating to section 2165
the following new item:

``2166. Western Hemisphere Institute for Security Cooperation.''.

(2) The table of sections at the beginning of chapter 407
of such title is amended by striking the item relating to
section 4415.

SEC. 912. DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES.

(a) Requirement for Annual Report.--(1) Chapter 7 of title
10, United States Code, is amended by adding at the end the
following new section:

``Sec. 184. Department of Defense regional centers for security studies

``(a) Advance Notification to Congress of the Establishment
of New Regional Centers.--After the date of the enactment of
this section, a regional center for security studies may not be
established in the Department of Defense until--
``(1) the Secretary of Defense submits to Congress
a notification of the intent of the Secretary to
establish the center, including a description of the
mission and functions of the proposed center and a
justification for the proposed center; and
``(2) a period of 90 days has elapsed after the
date on which that notification is submitted.
``(b) Requirement for Annual Report.--Not later than
February 1 of each year, 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 operation of the Department of Defense regional
centers for security studies during the preceding fiscal year.
The annual report shall include, for each regional center, the
following information:
``(1) The status and objectives of the center.
``(2) The budget of the center, including the costs
of operating the center.
``(3) A description of the extent of the
international participation in the programs of the
center, including the costs incurred by the United
States for the participation of each foreign nation.
``(4) A description of the foreign gifts and
donations, if any, accepted under any of the following
provisions of law:
``(A) Section 2611 of this title.
``(B) Section 1306 of the National Defense
Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2892).
``(C) Section 1065 of the National Defense
Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2653; 10 U.S.C. 113
note).
``(c) Regional Center for Security Studies Defined.--For
the purposes of this section, a regional center for security
studies is any center within the Department of Defense that--
``(1) is operated, and designated as such, by the
Secretary of Defense for the study of security issues
relating to a specified geographic region of the world;
and
``(2) serves as a forum for bilateral and
multilateral communication and military and civilian
exchanges with nations in that region.''.
(2) The table of sections at the beginning of chapter 7 of
such title is amended by adding at the end the following new
item:

``184. Department of Defense regional centers for security studies.''.

(b) First Annual Report.--In the first annual report on
Department of Defense regional centers for security studies
under section 184(b) of title 10, United States Code (as added
by subsection (a)), to be submitted not later than February 1,
2001, the Secretary of Defense shall include any recommendation
for legislation that the Secretary considers appropriate for
the operation of Department of Defense regional centers for
security studies, together with a detailed justification for
the recommended legislation.

SEC. 913. CHANGE IN NAME OF ARMED FORCES STAFF COLLEGE TO JOINT FORCES
STAFF COLLEGE.

(a) Change in Name.--The Armed Forces Staff College of the
Department of Defense is hereby renamed the ``Joint Forces
Staff College''.
(b) Conforming Amendment.--Section 2165(b)(3) of title 10,
United States Code, is amended by striking ``Armed Forces Staff
College'' and inserting ``Joint Forces Staff College''.
(c) References.--Any reference to the Armed Forces Staff
College in any law, regulation, map, document, record, or other
paper of the United States shall be considered to be a
reference to the Joint Forces Staff College.

SEC. 914. SPECIAL AUTHORITY FOR ADMINISTRATION OF NAVY FISHER HOUSES.

(a) Base Operating Support.--Section 2493 of title 10,
United States Code, is amended--
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Special Authority for Navy.--The Secretary of the
Navy shall provide base operating support for Fisher Houses
associated with health care facilities of the Navy. The level
of the support shall be equivalent to the base operating
support that the Secretary provides for morale, welfare, and
recreation category B community activities (as defined in
regulations, prescribed by the Secretary, that govern morale,
welfare, and recreation activities associated with Navy
installations).''.
(b) Savings Provisions for Certain Navy Employees.--(1) The
Secretary of the Navy may continue to employ, and pay out of
appropriated funds, any employee of the Navy in the competitive
service who, as of October 17, 1998, was employed by the Navy
in a position at a Fisher House administered by the Navy, but
only for so long as the employee is continuously employed in
that position.
(2) After a person vacates a position in which the person
was continued to be employed under the authority of paragraph
(1), a person employed in that position shall be employed as an
employee of a nonappropriated fund instrumentality of the
United States and may not be paid for services in that position
out of appropriated funds.
(3) In this subsection:
(A) The term ``Fisher House'' has the meaning given
the term in section 2493(a)(1) of title 10, United
States Code.
(B) The term ``competitive service'' has the
meaning given the term in section 2102 of title 5,
United States Code.
(c) Effective Date.--(1) The amendments made by subsection
(a) shall be effective as of October 17, 1998, as if included
in section 2493 of title 10, United States Code, as enacted by
section 906(a) of Public Law 105-261.
(2) Subsection (b) applies with respect to the pay period
that includes October 17, 1998, and subsequent pay periods.

SEC. 915. SUPERVISORY CONTROL OF ARMED FORCES RETIREMENT HOME BOARD BY
SECRETARY OF DEFENSE.

The Armed Forces Retirement Home Act of 1991 (title XV of
Public Law 101-510; 24 U.S.C. 401 et seq.) is amended by
inserting after section 1523 the following new section:

``SEC. 1524. CONDITIONAL SUPERVISORY CONTROL OF RETIREMENT HOME BOARD
BY SECRETARY OF DEFENSE.

``(a) Applicability.--This section shall apply only when
the deduction authorized by section 1007(i)(1) of title 37,
United States Code, to be made from the monthly pay of certain
members of the armed forces is equal to $1.00 for each enlisted
member, warrant officer, and limited duty officer of the armed
forces on active duty.
``(b) Board Authority Subject to Secretary's Control.--The
Retirement Home Board shall be subject to the authority,
direction, and control of the Secretary of Defense in the
performance of the Board's duties under section 1516.
``(c) Appointment of Board Members.--When an appointment of
a member of the Retirement Home Board under section 1515 is not
made by the Secretary of Defense, the appointment shall be
subject to the approval of the Secretary of Defense.
``(d) Terms of Board Members.--(1) Notwithstanding section
1515(e)(3), only the Secretary of Defense may appoint a member
of the Retirement Home Board for a second consecutive term.
``(2) The Secretary of Defense may terminate the
appointment of a member of the Retirement Home Board at the
pleasure of the Secretary.
``(e) Responsibility of Chairman to the Secretary.--
Notwithstanding section 1515(d)(1)(B), the chairman of the
Retirement Home Board shall be responsible to the Secretary of
Defense, but not to the Secretaries of the military
departments, for direction and management of the Retirement
Home or each facility maintained as a separate facility of the
Retirement Home.''.

SEC. 916. SEMIANNUAL REPORT ON JOINT REQUIREMENTS OVERSIGHT COUNCIL
REFORM INITIATIVE.

(a) Semiannual Report.--The Chairman of the Joints Chiefs
of Staff shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a series of five semiannual reports, as
prescribed by subsection (b), on the activities of the Joint
Requirements Oversight Council. The principal focus of each
such report shall be on the progress made on the initiative of
the Chairman to reform and refocus the Joint Requirements
Oversight Council.
(b) Submission of Reports.--Reports under this section
shall be submitted not later than March 1, 2001, September 1,
2001, March 1, 2002, September 1, 2002, and March 1, 2003. Each
report shall cover the half of a fiscal year that ends five
months before the date on which the report is due.
(c) Content.--In the case of any report under this section
after the first such report, if any matter to be included is
unchanged from the preceding report, that matter may be
included by reference to the preceding report. Each such report
shall include, to the extent practicable, the following:
(1) A listing of each of the capability areas
designated by the Chairman of the Joints Chiefs of
Staff as being within the principal domain of the Joint
Requirements Oversight Council and a justification for
each such designation.
(2) A listing of the joint requirements developed,
considered, or approved within each of the capability
areas listed pursuant to paragraph (1).
(3) A listing and explanation of the decisions made
by the Joint Requirements Oversight Council and, to the
extent appropriate, a listing of each of the
recommendations to the Council made by the commander of
the United States Joint Forces Command.
(4) An assessment of--
(A) the progress made in shifting the Joint
Requirements Oversight Council to having a more
strategic focus on future war fighting
requirements;
(B) the progress made on integration of
requirements; and
(C) the progress made on development of
overarching common architectures for defense
information systems to ensure that common
defense information systems are fully
interoperable.
(5) A description of any actions that have been
taken to improve the Joint Requirements Oversight
Council.

SEC. 917. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE LOGISTICS
AGENCY.

(a) Comptroller General Review Required.--The Comptroller
General shall review the operations of the Defense Logistics
Agency--
(1) to assess--
(A) the efficiency of those operations;
(B) the effectiveness of those operations
in meeting customer requirements; and
(C) the flexibility of those operation to
adopt best business practices; and
(2) to identify alternative approaches for
improving the operations of that agency.
(b) Report.--Not later than February 1, 2002, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives one or
more reports setting forth the Comptroller General's findings
resulting from the review under subsection (a).

SEC. 918. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE
INFORMATION SYSTEMS AGENCY.

(a) Comptroller General Review Required.--The Comptroller
General shall review the operations of the Defense Information
Systems Agency--
(1) to assess--
(A) the efficiency of those operations;
(B) the effectiveness of those operations
in meeting customer requirements; and
(C) the flexibility of those operations to
adopt best business practices; and
(2) to identify alternative approaches for
improving the operations of that agency.
(b) Report.--Not later than February 1, 2002, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives one or
more reports setting forth the Comptroller General's findings
resulting from the review under subsection (a).

Subtitle C--Information Security

SEC. 921. INSTITUTE FOR DEFENSE COMPUTER SECURITY AND INFORMATION
PROTECTION.

(a) Establishment.--The Secretary of Defense shall
establish an Institute for Defense Computer Security and
Information Protection.
(b) Mission.--The Secretary shall require the institute--
(1) to conduct research and technology development
that is relevant to foreseeable computer and network
security requirements and information assurance
requirements of the Department of Defense with a
principal focus on areas not being carried out by other
organizations in the private or public sector; and
(2) to facilitate the exchange of information
regarding cyberthreats, technology, tools, and other
relevant issues.
(c) Contractor Operation.--The Secretary shall enter into a
contract with a not-for-profit entity, or a consortium of not-
for-profit entities, to organize and operate the institute. The
Secretary shall use competitive procedures for the selection of
the contractor to the extent determined necessary by the
Secretary.
(d) Funding.--Of the amount authorized to be appropriated
by section 301(5), $5,000,000 shall be available for the
Institute for Defense Computer Security and Information
Protection.
(e) Report.--Not later than April 1, 2001, the Secretary
shall submit to the congressional defense committees the
Secretary's plan for implementing this section.

SEC. 922. INFORMATION SECURITY SCHOLARSHIP PROGRAM.

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

``CHAPTER 112--INFORMATION SECURITY SCHOLARSHIP PROGRAM

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

``Sec. 2200. Programs; purpose

``(a) In General.--To encourage the recruitment and
retention of Department of Defense personnel who have the
computer and network security skills necessary to meet
Department of Defense information assurance requirements, the
Secretary of Defense may carry out programs in accordance with
this chapter to provide financial support for education in
disciplines relevant to those requirements at institutions of
higher education.
``(b) Types of Programs.--The programs authorized under
this chapter are as follows:
``(1) Scholarships for pursuit of programs of
education in information assurance at institutions of
higher education.
``(2) Grants to institutions of higher education.

``Sec. 2200a. Scholarship program

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

``Sec. 2200b. Grant program

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

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

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

``Sec. 2200d. Regulations

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

``Sec. 2200e. Definitions

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

``Sec. 2200f. Inapplicability to Coast Guard

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

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

(b) Funding.--Of the amount authorized to be appropriated
by section 301(5), $15,000,000 shall be available for carrying
out chapter 112 of title 10, United States Code (as added by
subsection (a)).
(c) Report.--Not later than April 1, 2001, the Secretary of
Defense shall submit to the congressional defense committees a
plan for implementing the programs under chapter 112 of title
10, United States Code.

Subtitle D--Reports

SEC. 931. DATE OF SUBMITTAL OF REPORTS ON SHORTFALLS IN EQUIPMENT
PROCUREMENT AND MILITARY CONSTRUCTION FOR THE
RESERVE COMPONENTS IN FUTURE-YEARS DEFENSE
PROGRAMS.

Section 10543(c) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) A report required under paragraph (1) for a fiscal
year shall be submitted not later than 15 days after the date
on which the President submits to Congress the budget for such
fiscal year under section 1105(a) of title 31.''.

SEC. 932. REPORT ON NUMBER OF PERSONNEL ASSIGNED TO LEGISLATIVE LIAISON
FUNCTIONS.

(a) Report.--Not later than December 1, 2000, 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 setting forth the number of personnel
of the Department of Defense performing legislative liaison
functions as of April 1, 2000.
(b) Matters To Be Included.--The report shall include the
following:
(1) The number of military and civilian personnel
of the Department of Defense assigned to full-time
legislative liaison functions, shown by organizational
entity and by pay grade.
(2) The number of military and civilian personnel
of the Department not covered by paragraph (1) (other
than personnel described in subsection (e)) who perform
legislative liaison functions as part of their assigned
duties, shown by organizational entity and by pay
grade.
(c) Legislative Liaison Functions.--For purposes of this
section, a legislative liaison function is a function
(regardless of how characterized within the Department of
Defense) that has been established or designated to principally
provide advice, information, and assistance to the legislative
branch on Department of Defense policies, plans, and programs.
(d) Organizational Entities.--The display of information
under subsection (b) by organizational entity shall be for the
Department of Defense and for each military department as a
whole and separately for each organization at the level of
major command or Defense Agency or higher.
(e) Personnel Not Covered.--Subsection (b)(2) does not
apply to civilian officers appointed by the President, by and
with the advice and consent of the Senate, or to general or
flag officers.

SEC. 933. JOINT REPORT ON ESTABLISHMENT OF NATIONAL COLLABORATIVE
INFORMATION ANALYSIS CAPABILITY.

(a) Report.--Not later than March 1, 2000, the Secretary of
Defense and the Director of Central Intelligence shall submit
to the congressional defense committees and the congressional
intelligence committees a joint report assessing alternatives
for the establishment of a national collaborative information
analysis capability. The report shall include the following:
(1) An assessment of alternative architectures to
establish a national collaborative information analysis
capability to conduct data mining and profiling of
information from a wide array of electronic data
sources.
(2) Identification, from among the various
architectures assessed under paragraph (1), of the
preferred architecture and a detailed description of
that architecture and of a program to acquire and
implement the capability that would be provided through
that architecture.
(3) A detailed explanation of how the personal
information resulting from the data mining and
profiling capability developed under the preferred
architecture will be employed consistent with the
requirements of section 552a of title 5, United States
Code
(b) Completion and Use of Army Land Information Warfare
Activity.--The Secretary of Defense--
(1) shall ensure that the data mining, profiling,
and analysis capability of the Army's Land Information
Warfare Activity is completed and is fully operational
as soon as possible; and
(2) shall make appropriate use of that capability
to provide support to all appropriate national defense
components.

SEC. 934. NETWORK CENTRIC WARFARE.

(a) Findings.--Congress makes the following findings:
(1) Joint Vision 2020 set the goal for the
Department of Defense to pursue information superiority
in order that joint forces may possess superior
knowledge and attain decision superiority during
operations across the spectrum of conflict.
(2) One concept being pursued to attain information
superiority is known as Network Centric Warfare. The
concept of Network Centric Warfare links sensors,
communications systems and weapons systems in an
interconnected grid that allows for a seamless
information flow to warfighters, policy makers, and
support personnel.
(3) The Joint Staff, the Defense Agencies, and the
military departments are all pursuing various concepts
related to Network Centric Warfare.
(b) Goal.--It shall be the goal of Department of Defense to
fully coordinate various efforts being pursued by the Joint
Staff, the Defense Agencies, and the military departments as
they develop the concept of Network Centric Warfare.
(c) Report on Network Centric Warfare.--(1) The Secretary
of Defense shall submit to the congressional defense committees
a report on the development and implementation of network
centric warfare concepts within the Department of Defense. The
report shall be prepared in consultation with the Chairman of
the Joint Chiefs of Staff.
(2) The report shall include the following:
(A) A clear definition and terminology to describe
the set of operational concepts referred to as
``network centric warfare''.
(B) An identification and description of the
current and planned activities by the Office of the
Secretary of Defense, the Joint Chiefs of Staff, and
the United States Joint Forces Command relating to
network centric warfare.
(C) A discussion of how the concept of network
centric warfare is related to the strategy of
transformation as outlined in the document entitled
``Joint Vision 2020'', along with the advantages and
disadvantages of pursing that concept.
(D) A discussion on how the Department is
implementing the concepts of network centric warfare as
it relates to information superiority and decision
superiority articulated in ``Joint Vision 2020.''
(E) An identification and description of the
current and planned activities of each of the Armed
Forces relating to network centric warfare.
(F) A discussion on how the Department plans to
attain a fully integrated, joint command, control,
communications, computers, intelligence, surveillance,
and reconnaissance (C⁴ISR) capability.
(G) A description of the joint requirements under
development that will lead to the acquisition of
technologies for enabling network centric warfare and
whether those joint requirements are modifying existing
service requirements and vision statements.
(H) A discussion of how Department of Defense
activities to establish a joint network centric
capability are coordinated with other departments and
agencies of the United States and with United States
allies.
(I) A discussion of the coordination of the science
and technology investments of the military departments
and Defense Agencies in the development of future joint
network centric warfare capabilities.
(J) The methodology being used to measure progress
toward stated goals.
(d) Study on the Use of Joint Experimentation for
Developing Network Centric Warfare Concepts.--(1) The Secretary
of Defense shall conduct a study on the present and future use
of the joint experimentation program of the Department of
Defense in the development of network centric warfare concepts.
(2) The Secretary shall submit to the congressional defense
committees a report on the results of the study. The report
shall include the following:
(A) A survey of and description of how
experimentation under the joint experimentation at
United States Joint Forces Command is being used for
evaluating emerging concepts in network centric
warfare.
(B) A survey of and description of how
experimentation under the joint experimentation of each
of the armed services are being used for evaluating
emerging concepts in network centric warfare.
(C) A description of any emerging concepts and
recommendations developed by those experiments, with
special emphasis on force structure implications.
(3) The Secretary of Defense, acting through the Chairman
of the Joint Chief of Staff, shall designate the Commander in
Chief of the United States Joint Forces Command to carry out
the study and prepare the report required under this
subsection.
(e) Time for Submission of Reports.--Each report required
under this section shall be submitted not later than March 1,
2001.

SEC. 935. REPORT ON AIR FORCE INSTITUTE OF TECHNOLOGY.

(a) Report Required.--Not later than September 30, 2001,
the Secretary of the Air Force 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 roles
and missions, organizational structure, funding, and operations
of the Air Force Institute of Technology as projected through
2010.
(b) Matters To Be Included.--The report shall provide--
(1) a statement of the Institute's roles and
missions through 2010 in meeting the critical
scientific and educational requirements of the Air
Force;
(2) a statement of the strategic priorities for the
Institute in meeting long-term core science and
technology educational needs of the Air Force; and
(3) a plan for the near-term increase in the
production by the Institute of masters and doctoral
degree graduates.
(c) Recommendations To Be Provided.--Based on the matters
determined for purposes of subsection (b), the report shall
include recommendations of the Secretary of the Air Force with
respect to the following:
(1) The grade of the Commandant of the Institute.
(2) The chain of command of the Commandant within
the Air Force.
(3) The employment and compensation of civilian
professors at the Institute.
(4) The processes for the identification of
requirements for personnel with advanced degrees within
the Air Force and identification and selection of
candidates for annual enrollment at the Institute.
(5) Postgraduation opportunities within the Air
Force for graduates of the Institute.
(6) The policies and practices regarding the
admission to the Institute of--
(A) officers of the Army, Navy, Marine
Corps, and Coast Guard;
(B) employees of the Department of the
Army, Department of the Navy, and Department of
Transportation;
(C) personnel of the military forces of
foreign countries;
(D) enlisted members of the Armed Forces;
and
(E) other persons eligible for admission.
(7) Near- and long-term funding of the institute.
(8) Opportunities for cooperation, collaboration,
and joint endeavors with other military and civilian
scientific and technical educational institutions for
the production of qualified personnel to meet
Department of Defense scientific and technical
requirements.
(d) Consultation.--The report shall be prepared in
consultation with the Chief of Staff of the Air Force and the
Commander of the Air Force Materiel Command.

Subtitle E--Other Matters

SEC. 941. FLEXIBILITY IN IMPLEMENTATION OF LIMITATION ON MAJOR
DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES
PERSONNEL.

Section 130a of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Flexibility.--(1) If during fiscal year 2001 or
fiscal year 2002 the Secretary of Defense determines, and
certifies to Congress, that the limitation under subsection
(a), or a limitation under subsection (b), would adversely
affect United States national security, the Secretary may take
any of the following actions:
``(A) Increase the percentage specified in
subsection (b)(1) by such amount as the Secretary
determines necessary or waive the limitation under that
subsection.
``(B) Increase the percentage specified in
subsection (b)(2) by such amount as the Secretary
determines necessary, not to exceed a cumulative
increase of 7.5 percentage points.
``(C) Increase the percentage specified in
subsection (a) by such amount as the Secretary
determines necessary, not to exceed a cumulative
increase of 7.5 percentage points.
``(2) Any certification under paragraph (1) shall include
notice of the specific waiver or increases made pursuant to the
authority provided in that paragraph.''.

SEC. 942. CONSOLIDATION OF CERTAIN NAVY GIFT FUNDS.

(a) Merger of Naval Historical Center Fund Into Department
of the Navy General Gift Fund.--(1) The Secretary of the Navy
shall transfer all amounts in the Naval Historical Center Fund
maintained under section 7222 of title 10, United States Code,
to the Department of the Navy General Gift Fund maintained
under section 2601 of such title. Upon completing the transfer,
the Secretary shall close the Naval Historical Center Fund.
(2) Amounts transferred to the Department of the Navy
General Gift Fund under this subsection shall be merged with
other amounts in that Fund and shall be available for the
purposes for which amounts in that Fund are available.
(b) Consolidation of Naval Academy General Gift Fund and
Naval Academy Museum Fund.--(1) The Secretary of the Navy shall
transfer all amounts in the United States Naval Academy Museum
Fund established by section 6974 of title 10, United States
Code, to the gift fund maintained for the benefit and use of
the United States Naval Academy under section 6973 of such
title. Upon completing the transfer, the Secretary shall close
the United States Naval Academy Museum Fund.
(2) Amounts transferred under this subsection shall be
merged with other amounts in the gift fund to which transferred
and shall be available for the purposes for which amounts in
that gift fund are available.
(c) Consolidation and Revision of Authorities for
Acceptance of Gifts, Bequests, and Loans for the United States
Naval Academy.--(1) Subsection (a) of section 6973 of title 10,
United States Code, is amended--
(A) in the first sentence--
(i) by striking ``gifts and bequests of
personal property'' and inserting ``any gift or
bequest of personal property, and may accept,
hold, and administer any loan of personal
property other than money, that is''; and
(ii) by inserting ``or the Naval Academy
Museum, its collection, or its services''
before the period at the end;
(B) in the second sentence, by striking `` `United
States Naval Academy general gift fund' '' and
inserting `` `United States Naval Academy Gift and
Museum Fund' ''; and
(C) in the third sentence, by inserting
``(including the Naval Academy Museum)'' after ``the
Naval Academy''.
(2) Such section is further amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) The Secretary shall prescribe written guidelines to
be used for determinations of whether the acceptance of money,
any personal property, or any loan of personal property under
subsection (a) would reflect unfavorably on the ability of the
Department of the Navy or any officer or employee of the
Department of the Navy to carry out responsibilities or duties
in a fair and objective manner, or would compromise either the
integrity or the appearance of the integrity of any program of
the Department of the Navy or any officer or employee of the
Department of the Navy who is involved in any such program.''.
(3) Subsection (d) of such section, as redesignated by
paragraph (2)(A), is amended by striking ``United States Naval
Academy general gift fund'' both places it appears and
inserting ``United States Naval Academy Gift and Museum Fund''.
(4) The heading for such section is amended to read as
follows:

``Sec. 6973. Gifts, bequests, and loans of property: acceptance for
benefit and use of Naval Academy''.

(d) References to Closed Gift Funds.--(1) Section 6974 of
title 10, United States Code, is amended to read as follows:

``Sec. 6974. United States Naval Academy Museum Fund: references to
Fund

``Any reference in a law, regulation, document, paper, or
other record of the United States to the United States Naval
Academy Museum Fund formerly maintained under this section
shall be deemed to refer to the United States Naval Academy
Gift and Museum Fund maintained under section 6973 of this
title.''.
(2) Section 7222 of such title is amended to read as
follows:

``Sec. 7222. Naval Historical Center Fund: references to Fund

``Any reference in a law, regulation, document, paper, or
other record of the United States to the Naval Historical
Center Fund formerly maintained under this section shall be
deemed to refer to the Department of the Navy General Gift Fund
maintained under section 2601 of this title.''.
(e) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 603 of title 10, United States Code, is
amended by striking the items relating to sections 6973 and
6974 and inserting the following:

``6973. Gifts, bequests, and loans of property: acceptance for benefit
and use of Naval Academy.
``6974. United States Naval Academy Museum Fund: references to Fund.''.

(2) The item relating to section 7222 of such title in the
table of sections at the beginning of chapter 631 of such title
is amended to read as follows:

``7222. Naval Historical Center Fund: references to Fund.''.

SEC. 943. TEMPORARY AUTHORITY TO DISPOSE OF A GIFT PREVIOUSLY ACCEPTED
FOR THE NAVAL ACADEMY.

Notwithstanding section 6973 of title 10, United States
Code, during fiscal year 2001 the Secretary of the Navy may
dispose of a gift accepted before the date of the enactment of
this Act for the United States Naval Academy by disbursing from
the United States Naval Academy general gift fund to an entity
designated by the donor of the gift the amount equal to the
current cash value of that gift.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Subtitle B--Naval Vessels and Shipyards

Subtitle C--Counter-Drug Activities

Subtitle D--Counterterrorism and Domestic Preparedness

Sec. 1031. Preparedness of military installation first responders for
incidents involving weapons of mass destruction.
Sec. 1032. Additional weapons of mass destruction civil support teams.
Sec. 1033. Authority to provide loan guarantees to improve domestic
preparedness to combat cyberterrorism.
Sec. 1034. Report on the status of domestic preparedness against the
threat of biological terrorism.
Sec. 1035 Report on strategy, policies, and programs to combat domestic
terrorism.

Subtitle E--Strategic Forces

Subtitle F--Miscellaneous Reporting Requirements

Subtitle G--Government Information Security Reform

Subtitle H--Security Matters

Sec. 1071. Limitation on granting of security clearances.
Sec. 1072. Process for prioritizing background investigations for
security clearances for Department of Defense personnel and
defense contractor personnel.
Sec. 1073. Authority to withhold certain sensitive information from
public disclosure.
Sec. 1074. Expansion of authority to exempt geodetic products of the
Department of Defense from public disclosure.
Sec. 1075. Expenditures for declassification activities.
Sec. 1076. Enhanced access to criminal history record information for
national security and other purposes.
Sec. 1077. Two-year extension of authority to engage in commercial
activities as security for intelligence collection activities.
Sec. 1078. Coordination of nuclear weapons secrecy policies and
consideration of health of workers at former Department of
Defense nuclear facilities.

Subtitle I--Other Matters

Subtitle A--Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may transfer
amounts of authorizations made available to the Department of
Defense in this division for fiscal year 2001 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).

SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

(a) Status of Classified Annex.--The Classified Annex
prepared by the committee of conference to accompany the
conference report on the bill H.R. 4205 of the One Hundred
Sixth Congress and transmitted to the President is hereby
incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred to
in the Classified Annex may only be expended for such program,
project, or activity in accordance with such terms, conditions,
limitations, restrictions, and requirements as are set out for
that program, project, or activity in the Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.

SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2000.

Amounts authorized to be appropriated to the Department of
Defense for fiscal year 2000 in the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) are
hereby adjusted, with respect to any such authorized amount, by
the amount by which appropriations pursuant to such
authorization were increased (by a supplemental appropriation)
or decreased (by a rescission), or both, in the Emergency
Supplemental Act, 2000 (division B of Public Law 106-246) or in
title IX of the Department of Defense Appropriations Act, 2001
(Public Law 106-259).

SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2001.

(a) Fiscal Year 2001 Limitation.--The total amount
contributed by the Secretary of Defense in fiscal year 2001 for
the common-funded budgets of NATO may be any amount up to, but
not in excess of, the amount specified in subsection (b)
(rather than the maximum amount that would otherwise be
applicable to those contributions under the fiscal year 1998
baseline limitation).
(b) Total Amount.--The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the
end of fiscal year 2000, of funds appropriated for
fiscal years before fiscal year 2001 for payments for
those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions
authorized to be made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be
appropriated by titles II and III of this Act are available for
contributions for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1),
$743,000 for the Civil Budget.
(2) Of the amount provided in section 301(1),
$181,981,000 for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term
``common-funded budgets of NATO'' means the Military
Budget, the Security Investment Program, and the Civil
Budget of the North Atlantic Treaty Organization (and
any successor or additional account or program of
NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the
maximum annual amount of Department of Defense
contributions for common-funded budgets of NATO that is
set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the
advice and consent of the Senate to the ratification of
the Protocols to the North Atlantic Treaty of 1949 on
the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that
resolution), approved by the Senate on April 30, 1998.

SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACEKEEPING
OPERATIONS FOR FISCAL YEAR 2001.

(a) Limitation.--Of the amounts authorized to be
appropriated by section 301(24) for the Overseas Contingency
Operations Transfer Fund--
(1) no more than $1,387,800,000 may be obligated
for incremental costs of the Armed Forces for Bosnia
peacekeeping operations; and
(2) no more than $1,650,400,000 may be obligated
for incremental costs of the Armed Forces for Kosovo
peacekeeping operations.
(b) Presidential Waiver.--The President may waive the
limitation in subsection (a)(1), or the limitation in
subsection (a)(2), after submitting to Congress the following:
(1) The President's written certification that the
waiver is necessary in the national security interests
of the United States.
(2) The President's written certification that
exercising the waiver will not adversely affect the
readiness of United States military forces.
(3) A report setting forth the following:
(A) The reasons that the waiver is
necessary in the national security interests of
the United States.
(B) The specific reasons that additional
funding is required for the continued presence
of United States military forces participating
in, or supporting, Bosnia peacekeeping
operations, or Kosovo peacekeeping operations,
as the case may be, for fiscal year 2001.
(C) A discussion of the impact on the
military readiness of United States Armed
Forces of the continuing deployment of United
States military forces participating in, or
supporting, Bosnia peacekeeping operations, or
Kosovo peacekeeping operations, as the case may
be.
(4) A supplemental appropriations request for the
Department of Defense for such amounts as are necessary
for the additional fiscal year 2001 costs associated
with United States military forces participating in, or
supporting, Bosnia or Kosovo peacekeeping operations.
(c) Peacekeeping Operations Defined.--For the purposes of
this section:
(1) The term ``Bosnia peacekeeping operations'' has
the meaning given such term in section 1004(e) of the
Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2112).
(2) The term ``Kosovo peacekeeping operations''--
(A) means the operation designated as
Operation Joint Guardian and any other
operation involving the participation of any of
the Armed Forces in peacekeeping or peace
enforcement activities in and around Kosovo;
and
(B) includes, with respect to Operation
Joint Guardian or any such other operation,
each activity that is directly related to the
support of the operation.

SEC. 1006. REQUIREMENT FOR PROMPT PAYMENT OF CONTRACT VOUCHERS.

(a) Requirement.--(1) Chapter 131 of title 10, United
States Code, is amended by adding after section 2225, as added
by section 812(a)(1), the following new section:

``Sec. 2226. Contracted property and services: prompt payment of
vouchers

``(a) Requirement.--Of the contract vouchers that are
received by the Defense Finance and Accounting Service by means
of the mechanization of contract administration services
system, the number of such vouchers that remain unpaid for more
than 30 days as of the last day of each month may not exceed 5
percent of the total number of the contract vouchers so
received that remain unpaid on that day.
``(b) Contract Voucher Defined.--In this section, the term
`contract voucher' means a voucher or invoice for the payment
to a contractor for services, commercial items (as defined in
section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12))), or other deliverable items provided by
the contractor under a contract funded by the Department of
Defense.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 2225,
as added by section 812(a)(2), the following new item:

``2226. Contracted property and services: prompt payment of vouchers.''.

(b) Effective Date.--Section 2226 of title 10, United
States Code (as added by subsection (a)), shall take effect on
December 1, 2000.
(c) Conditional Requirement for Report.--(1) If for any
month of the noncompliance reporting period the requirement in
section 2226 of title 10, United States Code (as added by
subsection (a)), is not met, 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 magnitude of the unpaid contract vouchers. The
report for a month shall be submitted not later than 30 days
after the end of that month.
(2) A report for a month under paragraph (1) shall include
information current as of the last day of the month as follows:
(A) The number of the vouchers received by the
Defense Finance and Accounting Service by means of the
mechanization of contract administration services
system during each month.
(B) The number of the vouchers so received,
whenever received by the Defense Finance and Accounting
Service, that remain unpaid for each of the following
periods:
(i) Over 30 days and not more than 60 days.
(ii) Over 60 days and not more than 90
days.
(iii) More than 90 days.
(C) The number of the vouchers so received that
remain unpaid for the major categories of procurements,
as defined by the Secretary of Defense.
(D) The corrective actions that are necessary, and
those that are being taken, to ensure compliance with
the requirement in subsection (a).
(3) For purposes of this subsection:
(A) The term ``noncompliance reporting period''
means the period beginning on December 1, 2000, and
ending on November 30, 2004.
(B) The term ``contract voucher'' has the meaning
given that term in section 2226(b) of title 10, United
States Code (as added by subsection (a)).

SEC. 1007. PLAN FOR PROMPT RECORDING OF OBLIGATIONS OF FUNDS FOR
CONTRACTUAL TRANSACTIONS.

(a) Requirement for Plan.--The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives, not later than November 15, 2000,
a plan for ensuring that each obligation of the Department of
Defense under a transaction described in subsection (c) be
recorded in the appropriate financial administration systems of
the Department of Defense not later than 10 days after the date
on which the obligation is incurred.
(b) Content of Plan.--The plan under subsection (a) shall
provide for the following:
(1) The recording of obligations in accordance with
requirements that apply uniformly throughout the
Department of Defense, including requirements for the
recording of detailed data on each such obligation.
(2) A system of accounting classification reference
numbers for the recording of obligations that applies
uniformly throughout the Department of Defense.
(3) A discussion of how the plan is to be
implemented, including a schedule for implementation.
(c) Covered Transactions.--The plan shall apply to each
obligation under any of the following transactions of the
Department of Defense:
(1) A contract.
(2) A grant.
(3) A cooperative agreement.
(4) A transaction authorized under section 2371 of
title 10, United States Code.

SEC. 1008. ELECTRONIC SUBMISSION AND PROCESSING OF CLAIMS FOR CONTRACT
PAYMENTS.

(a) Requirements.--(1) Chapter 131 of title 10, United
States Code, is amended by adding after section 2226, as added
by section 1006(a)(1), the following new section:

``Sec. 2227. Electronic submission and processing of claims for
contract payments

``(a) Submission of Claims.--The Secretary of Defense shall
require that any claim for payment under a Department of
Defense contract shall be submitted to the Department of
Defense in electronic form.
``(b) Processing.--A contracting officer, contract
administrator, certifying official, or other officer or
employee of the Department of Defense who receives a claim for
payment in electronic form in accordance with subsection (a)
and is required to transmit the claim to any other officer or
employee of the Department of Defense for processing under
procedures of the department shall transmit the claim and any
additional documentation necessary to support the determination
and payment of the claim to such other officer or employee
electronically.
``(c) Waiver Authority.--If the Secretary of Defense
determines that the requirement for using electronic means for
submitting claims under subsection (a), or for transmitting
claims and supporting documentation under subsection (b), is
unduly burdensome in any category of cases, the Secretary may
exempt the cases in that category from the application of the
requirement.
``(d) Implementation of Requirements.--In implementing
subsections (a) and (b), the Secretary of Defense shall provide
for the following:
``(1) Policies, requirements, and procedures for
using electronic means for the submission of claims for
payment to the Department of Defense and for the
transmission, between Department of Defense officials,
of claims for payment received in electronic form,
together with supporting documentation (such as
receiving reports, contracts and contract
modifications, and required certifications).
``(2) The format in which information can be
accepted by the corporate database of the Defense
Finance and Accounting Service.
``(3) The requirements to be included in contracts
regarding the electronic submission of claims for
payment by contractors.
``(e) Claim for Payment Defined.--In this section, the term
`claim for payment' means an invoice or any other demand or
request for payment.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 2226,
as added by section 1006(a)(2), the following new item:

``2227. Electronic submission and processing of claims for contract
payments.''.

(b) Implementation Plan.--Not later than March 30, 2001,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
plan for the implementation of the requirements imposed under
section 2227 of title 10, United States Code (as added by
subsection (a)). The plan shall provide for each of the matters
specified in subsection (d) of that section.
(c) Applicability.--(1) Subject to paragraph (2), the
Secretary of Defense shall apply section 2227 of title 10,
United States Code (as added by subsection (a)), with respect
to contracts for which solicitations of offers are issued after
June 30, 2001.
(2)(A) The Secretary may delay the implementation of
section 2227 to a date after June 30, 2001, upon a finding that
it is impracticable to implement that section until that later
date. In no event, however, may the implementation be delayed
to a date after October 1, 2002.
(B) Upon determining to delay the implementation of such
section 2227 to a later date under subparagraph (A), the
Secretary shall promptly publish a notice of the delay in the
Federal Register. The notice shall include a specification of
the later date on which the implementation of that section is
to begin. Not later than 30 days before the later
implementation date, the Secretary shall publish in the Federal
Register another notice that such section is being implemented
beginning on that date.

SEC. 1009. ADMINISTRATIVE OFFSETS FOR OVERPAYMENT OF TRANSPORTATION
COSTS.

(a) Offsets for Overpayments or Liquidated Damages.--(1)
Section 2636 of title 10, United States Code, is amended to
read as follows:

``Sec. 2636. Deductions from amounts due carriers

``(a) Amounts for Loss or Damage.--An amount deducted from
an amount due a carrier shall be credited as follows:
``(1) If deducted because of loss of or damage to
material in transit for a military department, the
amount shall be credited to the proper appropriation,
account, or fund from which the same or similar
material may be replaced.
``(2) If deducted as an administrative offset for
an overpayment previously made to the carrier under any
Department of Defense contract for transportation
services or as liquidated damages due under any such
contract, the amount shall be credited to the
appropriation or account from which payments for the
transportation services were made.
``(b) Simplified Offset for Collection of Claims Not in
Excess of the Simplified Acquisition Threshold.--(1) In any
case in which the total amount of a claim for the recovery of
overpayments or liquidated damages under a contract described
in subsection (a)(2) does not exceed the simplified acquisition
threshold, the Secretary of Defense or the Secretary concerned,
in exercising the authority to collect the claim by
administrative offset under section 3716 of title 31, may apply
paragraphs (2) and (3) of subsection (a) of that section with
respect to that collection after (rather than before) the claim
is so collected.
``(2) Regulations prescribed by the Secretary of Defense
under subsection (b) of section 3716 of title 31--
``(A) shall include provisions to carry out
paragraph (1); and
``(B) shall provide the carrier for a claim subject
to paragraph (1) with an opportunity to offer an
alternative method of repaying the claim (rather than
by administrative offset) if the collection of the
claim by administrative offset has not already been
made.
``(3) In this subsection, the term `simplified acquisition
threshold' has the meaning given that term in section 4(11) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(11)).''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 157 of such title is
amended to read as follows:

``2636. Deductions from amounts due carriers.''.

(b) Effective Date.--Subsections (a)(2) and (b) of section
2636 of title 10, United States Code, as added by subsection
(a)(1), shall apply with respect to contracts entered into
after the date of the enactment of this Act.

SEC. 1010. INTEREST PENALTIES FOR LATE PAYMENT OF INTERIM PAYMENTS DUE
UNDER GOVERNMENT SERVICE CONTRACTS.

(a) Prompt Payment Requirement for Interim Payments.--Under
regulations prescribed under subsection (c), the head of an
agency acquiring services from a business concern under a cost
reimbursement contract requiring interim payments who does not
pay the concern a required interim payment by the date that is
30 days after the date of the receipt of a proper invoice shall
pay an interest penalty to the concern on the amount of the
payment due. The interest shall be computed as provided in
section 3902(a) of title 31, United States Code.
(b) Regulations.--The Director of the Office of Management
and Budget shall prescribe regulations to carry out this
section. Such regulations shall be prescribed as part of the
regulations prescribed under section 3903 of title 31, United
States Code.
(c) Incorporation of Certain Provisions of Law.--The
provisions of chapter 39 of title 31, United States Code, shall
apply to this section in the same manner as if this section
were enacted as part of such chapter.
(d) Effective Date.--Subsection (a) shall take effect on
December 15, 2000. No interest shall accrue by reason of that
subsection for any period before that date.

Subtitle B--Naval Vessels and Shipyards

SEC. 1011. REVISIONS TO NATIONAL DEFENSE FEATURES PROGRAM.

Section 2218(k) of title 10, United States Code, is
amended--
(1) by adding at the end of paragraph (1) the
following new sentence: ``As consideration for a
contract with the head of an agency under this
subsection, the company entering into the contract
shall agree with the Secretary of Defense to make any
vessel covered by the contract available to the
Secretary, fully crewed and ready for sea, at any time
at any port determined by the Secretary, and for
whatever duration the Secretary determines
necessary.'';
(2) by adding at the end of paragraph (2) the
following new subparagraph:
``(E) Payments of such sums as the Government would
otherwise expend, if the vessel were placed in the
Ready Reserve Fleet, for maintaining the vessel in the
status designated as `ROS-4 status' in the Ready
Reserve Fleet for 25 years.''; and
(3) by adding at the end the following new
paragraph:
``(6) The head of an agency may not enter into a contract
under paragraph (1) that would provide for payments to the
contractor as authorized in paragraph (2)(E) until notice of
the proposed contract is submitted to the congressional defense
committees and a period of 90 days has elapsed.''.

SEC. 1012. SENSE OF CONGRESS ON THE NAMING OF THE CVN-77 AIRCRAFT
CARRIER.

(a) Findings.--Congress makes the following findings:
(1) Over the last three decades Congress has
authorized and appropriated funds for a total of 10
Nimitz class aircraft carriers.
(2) The last vessel in the Nimitz class of aircraft
carriers, CVN-77, is currently under construction and
will be delivered in 2008.
(3) The first nine vessels in this class bear the
following proud names:
(A) U.S.S. Nimitz (CVN-68).
(B) U.S.S. Dwight D. Eisenhower (CVN-69).
(C) U.S.S. Carl Vinson (CVN-70).
(D) U.S.S. Theodore Roosevelt (CVN-71).
(E) U.S.S. Abraham Lincoln (CVN-72).
(F) U.S.S. George Washington (CVN-73).
(G) U.S.S. John C. Stennis (CVN-74).
(H) U.S.S. Harry S. Truman (CVN-75).
(I) U.S.S. Ronald Reagan (CVN-76).
(4) It is appropriate for Congress to recommend to
the President, as Commander in Chief of the Armed
Forces, an appropriate name for the final vessel in the
Nimitz class of aircraft carriers.
(5) Over the last 25 years the vessels in the
Nimitz class of aircraft carriers have served as one of
the principal means of United States diplomacy and as
one of the principal means for the defense of the
United States and its allies around the world.
(6) The name bestowed upon the aircraft carrier
CVN-77 should embody the American spirit and provide a
lasting symbol of the American commitment to freedom.
(7) The name ``Lexington'' has been a symbol of
freedom from the first battle of the American
Revolution.
(8) The two aircraft carriers previously named
U.S.S. Lexington (the CV-2 and the CV-16) served the
Nation for 64 years, served in World War II, and earned
a total of 13 battle stars.
(9) One of those honored vessels, the CV-2, was
lost at the Battle of the Coral Sea on May 8, 1942.
(b) Sense of Congress.--It is the sense of Congress that
the CVN-77 aircraft carrier should be named the ``U.S.S.
Lexington''--
(1) in order to honor the men and women who served
in the Armed Forces of the United States during World
War II and the incalculable number of United States
citizens on the home front during that war who
mobilized in the name of freedom; and
(2) as a special tribute to the 16,000,000 veterans
of the Armed Forces who served on land, sea, and air
during World War II (of whom fewer than 6,000,000
remain alive today) and a lasting symbol of their
commitment to freedom as they pass on having proudly
taken their place in history.

SEC. 1013. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.

(a) Transfers by Grant.--The President is authorized to
transfer vessels to foreign countries on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j) as follows:
(1) Brazil.--To the Government of Brazil--
(A) the Thomaston class dock landing ships
Alamo (LSD 33) and Hermitage (LSD 34); and
(B) the Garcia class frigates Bradley (FF
1041), Davidson (FF 1045), Sample (FF 1048) and
Albert David (FF 1050).
(2) Greece.--To the Government of Greece, the Knox
class frigates Vreeland (FF 1068) and Trippe (FF 1075).
(b) Transfers on a Combined Lease-Sale Basis.--(1) The
President is authorized to transfer vessels to foreign
countries on a combined lease-sale basis under sections 61 and
21 of the Arms Export Control Act (22 U.S.C. 2796 and 2761) and
in accordance with subsection (c) as follows:
(A) Chile.--To the Government of Chile, the Oliver
Hazard Perry class guided missile frigates Wadsworth
(FFG 9), and Estocin (FFG 15).
(B) Turkey.--To the Government of Turkey, the
Oliver Hazard Perry class guided missile frigates John
A. Moore (FFG 19) and Flatley (FFG 21).
(2) The authority provided under paragraph (1)(B) is in
addition to the authority provided under section 1018(a)(9) of
the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 745) for the transfer of those
vessels to the Government of Turkey on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(c) Conditions Relating to Combined Lease-Sale Transfers.--
A transfer of a vessel on a combined lease-sale basis
authorized by subsection (b) shall be made in accordance with
the following requirements:
(1) The President may initially transfer the vessel
by lease, with lease payments suspended for the term of
the lease, if the country entering into the lease for
the vessel simultaneously enters into a foreign
military sales agreement for the transfer of title to
the vessel.
(2) The President may not deliver to the purchasing
country title to the vessel until the purchase price of
the vessel under such a foreign military sales
agreement is paid in full.
(3) Upon payment of the purchase price in full
under such a sales agreement and delivery of title to
the recipient country, the President shall terminate
the lease.
(4) If the purchasing country fails to make full
payment of the purchase price in accordance with the
sales agreement by the date required under the sales
agreement--
(A) the sales agreement shall be
immediately terminated;
(B) the suspension of lease payments under
the lease shall be vacated; and
(C) the United States shall be entitled to
retain all funds received on or before the date
of the termination under the sales agreement,
up to the amount of the lease payments due and
payable under the lease and all other costs
required by the lease to be paid to that date.
(5) If a sales agreement is terminated pursuant to
paragraph (4), the United States shall not be required
to pay any interest to the recipient country on any
amount paid to the United States by the recipient
country under the sales agreement and not retained by
the United States under the lease.
(d) Authorization of Appropriations for Costs of Lease-Sale
Transfers.--There is hereby authorized to be appropriated into
the Defense Vessels Transfer Program Account such sums as may
be necessary for paying the costs (as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a)) of the
lease-sale transfers authorized by subsection (b). Amounts so
appropriated shall be available only for the purpose of paying
those costs.
(e) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred to
another country on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to
authority provided by subsection (a) shall not be counted for
the purposes of subsection (g) of that section in the aggregate
value of excess defense articles transferred to countries under
that section in any fiscal year.
(f) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this section
shall be charged to the recipient (notwithstanding section
516(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(e)(1))) in the case of a transfer authorized to be made
on a grant basis under subsection (a)).
(g) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall require,
as a condition of the transfer of a vessel under this section,
that the country to which the vessel is transferred have such
repair or refurbishment of the vessel as is needed, before the
vessel joins the naval forces of that country, performed at a
shipyard located in the United States, including a United
States Navy shipyard.
(h) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.
(i) Coordination of Provisions.--(1) If the Security
Assistance Act of 2000 is enacted before this Act, the
provisions of this section shall not take effect.
(2) If the Security Assistance Act of 2000 is enacted after
this Act, this section shall cease to be in effect upon the
enactment of that Act.

SEC. 1014. AUTHORITY TO CONSENT TO RETRANSFER OF ALTERNATIVE FORMER
NAVAL VESSEL BY GOVERNMENT OF GREECE.

(a) Authority for Retransfer of Alternative Vessel.--
Section 1012 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 740) is
amended--
(1) in subsection (a), by inserting after ``HS
Rodos (ex-U.S.S. Bowman County (LST 391))'' the
following: ``, LST 325, or any other former United
States LST previously transferred to the Government of
Greece that is excess to the needs of that
government''; and
(2) in subsection (b)(1), by inserting
``retransferred under subsection (a)'' after ``the
vessel''.
(b) Repeal.--Section 1305 of the Arms Control,
Nonproliferation, and Security Assistance Act of 1999 (113
Stat. 1501A-511) is repealed.

Subtitle C--Counter-Drug Activities

SEC. 1021. EXTENSION OF AUTHORITY TO PROVIDE SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF COLOMBIA.

(a) Extension of Authority.--Section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1881) is amended--
(1) in subsection (a), by striking ``during fiscal
years 1998 through 2002,''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting before
the period at the end the following: ``, for
fiscal years 1998 through 2002''; and
(B) in paragraph (2), by inserting before
the period at the end the following: ``, for
fiscal years 1998 through 2006''.
(b) Maximum Annual Amount of Support.--Subsection (e)(2) of
such section is amended by striking ``2002'' and inserting
``2006''.

SEC. 1022. REPORT ON DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.

Not later than January 1, 2001, the Secretary of Defense
shall submit to the congressional defense committees a report
detailing the expenditure of funds by the Secretary during
fiscal year 2000 in direct or indirect support of the counter-
drug activities of foreign governments. The report shall
include the following for each foreign government:
(1) The total amount of assistance provided to, or
expended on behalf of, the foreign government.
(2) A description of the types of counter-drug
activities conducted using the assistance.
(3) An explanation of the legal authority under
which the assistance was provided.

SEC. 1023. RECOMMENDATIONS ON EXPANSION OF SUPPORT FOR COUNTER-DRUG
ACTIVITIES.

(a) Requirement for Submittal of Recommendations.--Not
later than February 1, 2001, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives the recommendations of the
Secretary regarding whether expanded support for counter-drug
activities should be authorized under section 1033 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1881) for the region that includes the
countries that are covered by that authority on the date of the
enactment of this Act.
(b) Content of Submission.--The submission under subsection
(a) shall include the following:
(1) What, if any, additional countries should be
covered.
(2) What, if any, additional support should be
provided to covered countries, together with the
reasons for recommending the additional support.
(3) For each country recommended under paragraph
(1), a plan for providing support, including the
counter-drug activities proposed to be supported.

SEC. 1024. REVIEW OF RIVERINE COUNTER-DRUG PROGRAM.

(a) Requirement for Review.--The Secretary of Defense shall
review the riverine counter-drug program supported under
section 1033 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881).
(b) Report.--Not later than February 1, 2001, the Secretary
shall submit a report on the riverine counter-drug program to
the Committees on Armed Services of the Senate and the House of
Representatives. The report shall include, for each country
receiving support under the riverine counter-drug program, the
following:
(1) The Assistant Secretary's assessment of the
effectiveness of the program.
(2) A recommendation regarding which of the Armed
Forces, units of the Armed Forces, or other
organizations within the Department of Defense should
be responsible for managing the program.
(c) Delegation of Authority.--The Secretary shall require
the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict to carry out the responsibilities under
this section.

SEC. 1025. REPORT ON TETHERED AEROSTAT RADAR SYSTEM.

(a) Report Required.--Not later than May 1, 2001, The
Secretary of Defense shall submit to Congress a report on the
status of the Tethered Aerostat Radar System used to conduct
counter-drug detection and monitoring and border security and
air sovereignty operations. The report shall include the
following:
(1) The status and operational availability of each
of the existing sites of the Tethered Aerostat Radar
System.
(2) A discussion of any plans to close, during the
next 5 years, currently operational sites, including a
review of the justification for each proposed closure.
(3) A review of the requirements of other agencies,
especially the United States Customs Service, for data
derived from the Tethered Aerostat Radar System.
(4) A assessment of the value of the Tethered
Aerostat Radar System in the conduct of counter-drug
detection and monitoring and border security and air
sovereignty operations compared to other surveillance
systems available for such operations.
(5) The costs associated with the planned
standardization of the Tethered Aerostat Radar System
and the Secretary's analysis of that standardization.
(b) Consultation.--The Secretary of Defense shall prepare
the report in consultation with the Secretary of the Treasury.

SEC. 1026. SENSE OF CONGRESS REGARDING USE OF ARMED FORCES FOR COUNTER-
DRUG AND COUNTER-TERRORISM ACTIVITIES.

It is the sense of Congress that the President should be
able to use members of the Army, Navy, Air Force, and Marine
Corps to assist law enforcement agencies, to the full extent
consistent with section 1385 of title 18, United States Code
(commonly known as the Posse Comitatus Act), section 375 of
title 10, United States Code, and other applicable law, in
preventing the entry into the United States of terrorists and
drug traffickers, weapons of mass destruction, components of
weapons of mass destruction, and prohibited narcotics and
drugs.

Subtitle D--Counterterrorism and Domestic Preparedness

SEC. 1031. PREPAREDNESS OF MILITARY INSTALLATION FIRST RESPONDERS FOR
INCIDENTS INVOLVING WEAPONS OF MASS DESTRUCTION.

(a) Requirement for Report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the program of the
Department of Defense to ensure the preparedness of the first
responders of the Department of Defense for incidents involving
weapons of mass destruction on installations of the Department
of Defense.
(b) Content of Report.--The report shall include the
following:
(1) A detailed description of the overall
preparedness program.
(2) A detailed description of the deficiencies in
the preparedness of Department of Defense installations
to respond to an incident involving a weapon of mass
destruction, together with a discussion of the actions
planned to be taken by the Department of Defense to
correct the deficiencies.
(3) The schedule and costs associated with the
implementation of the preparedness program.
(4) The Department's plan for coordinating the
preparedness program with responders in the communities
in the localities of the installations.
(5) The Department's plan for promoting the
interoperability of the equipment used by the
installation first responders referred to in subsection
(a) with the equipment used by the first responders in
those communities.
(c) Form of Report.--The report shall be submitted in an
unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``first responder'' means an
organization responsible for responding to an incident
involving a weapon of mass destruction.
(2) The term ``weapon of mass destruction'' has the
meaning given that term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996
(50 U.S.C. 2302(1)).

SEC. 1032. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.

During fiscal year 2001, the Secretary of Defense shall
establish five additional teams designated as Weapons of Mass
Destruction Civil Support Teams (for a total of 32 such teams).

SEC. 1033. AUTHORITY TO PROVIDE LOAN GUARANTEES TO IMPROVE DOMESTIC
PREPAREDNESS TO COMBAT CYBERTERRORISM.

(a) Establishment of Program.--(1) Chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new subchapter:

``SUBCHAPTER VII--CRITICAL INFRASTRUCTURE PROTECTION LOAN GUARANTEES

``Sec.
``2541. Establishment of loan guarantee program.
``2541a. Fees charged and collected.
``2541b. Administration.
``2541c. Transferability, additional limitations, and definition.
``2541d. Reports.

``Sec. 2541. Establishment of loan guarantee program

``(a) Establishment.--In order to meet the national
security objectives in section 2501(a) of this title, the
Secretary of Defense shall establish a program under which the
Secretary may issue guarantees assuring lenders against losses
of principal or interest, or both principal and interest, for
loans made to qualified commercial firms to fund, in whole or
in part, any of the following activities:
(1) The improvement of the protection of the
critical infrastructure of the commercial firms.
(2) The refinancing of improvements previously made
to the protection of the critical infrastructure of the
commercial firms.
``(b) Qualified Commercial Firms.--For purposes of this
section, a qualified commercial firm is a company or other
business entity (including a consortium of such companies or
other business entities, as determined by the Secretary) that
the Secretary determines--
``(1) conducts a significant level of its research,
development, engineering, and manufacturing activities
in the United States;
``(2) is a company or other business entity the
majority ownership or control of which is by United
States citizens or is a company or other business of a
parent company that is incorporated in a country the
government of which--
``(A) encourages the participation of firms
so owned or controlled in research and
development consortia to which the government
of that country provides funding directly or
provides funding indirectly through
international organizations or agreements; and
``(B) affords adequate and effective
protection for the intellectual property rights
of companies incorporated in the United States;
``(3) provides technology products or services
critical to the operations of the Department of
Defense;
``(4) meets standards of prevention of
cyberterrorism applicable to the Department of Defense;
and
``(5) agrees to submit the report required under
section 2541d of this title.
``(c) Loan Limits.--The maximum amount of loan principal
guaranteed during a fiscal year under this section may not
exceed $10,000,000, with respect to all borrowers.
``(d) Goals and Standards.--The Secretary shall prescribe
regulations setting forth goals for the use of the loan
guarantees provided under this section and standards for
evaluating whether those goals are met by each entity receiving
such loan guarantees.
``(e) Authority Subject to Provisions of Appropriations.--
The Secretary may guarantee a loan under this subchapter only
to such extent or in such amounts as may be provided in advance
in appropriations Acts.

``Sec. 2541a. Fees charged and collected

``(a) Fee Required.--The Secretary of Defense shall assess
a fee for providing a loan guarantee under this subchapter.
``(b) Amount of Fee.--The amount of the fee shall be not
less than 75 percent of the amount incurred by the Secretary to
provide the loan guarantee.
``(c) Special Account.--(1) Such fees shall be credited to
a special account in the Treasury.
``(2) Amounts in the special account shall be available, to
the extent and in amounts provided in appropriations Acts, for
paying the costs of administrative expenses of the Department
of Defense that are attributable to the loan guarantee program
under this subchapter.
``(3)(A) If for any fiscal year amounts in the special
account established under paragraph (1) are not available (or
are not anticipated to be available) in a sufficient amount for
administrative expenses of the Department of Defense for that
fiscal year that are directly attributable to the
administration of the program under this subchapter, the
Secretary may use amounts currently available for operations
and maintenance for Defense-wide activities, not to exceed
$500,000 in any fiscal year, for those expenses.
``(B) The Secretary shall, from funds in the special
account established under paragraph (1), replenish operations
and maintenance accounts for amounts expended under
subparagraph (A).

``Sec. 2541b. Administration

``(a) Agreements Required.--The Secretary of Defense may
enter into one or more agreements, each with an appropriate
Federal or private entity, under which such entity may, under
this subchapter--
``(1) process applications for loan guarantees;
``(2) administer repayment of loans; and
``(3) provide any other services to the Secretary
to administer this subchapter.
``(b) Treatment of Costs.--The costs of such agreements
shall be considered, for purposes of the special account
established under section 2541a(c), to be costs of
administrative expenses of the Department of Defense that are
attributable to the loan guarantee program under this
subchapter.

``Sec. 2541c. Transferability, additional limitations, and definition

``The following provisions of subtitle VI of this chapter
apply to guarantees issued under this subtitle:
``(1) Section 2540a, relating to transferability of
guarantees.
``(2) Subsections (b) and (c) of section 2540b,
providing limitations.
``(3) Section 2540d(2), providing a definition of
the term `cost'.

``Sec. 2541d. Reports

``(a) Report by Commercial Firms to Secretary of Defense.--
The Secretary of Defense shall require each qualified
commercial firm for which a loan is guaranteed under this
subchapter to submit to the Secretary a report on the
improvements financed or refinanced with the loan. The report
shall include an assessment of the value of the improvements
for the protection of the critical infrastructure of that
commercial firm. The Secretary shall prescribe the time for
submitting the report.
``(b) Annual Report by Secretary of Defense to Congress.--
Not later than March 1 of each year in which guarantees are
made under this subchapter, the Secretary of Defense shall
submit to Congress a report on the loan guarantee program under
this subchapter. The report shall include the following:
``(1) The amounts of the loans for which guarantees
were issued during the year preceding the year of the
report.
``(2) The success of the program in improving the
protection of the critical infrastructure of the
commercial firms covered by the guarantees.
``(3) The relationship of the loan guarantee
program to the critical infrastructure protection
program of the Department of Defense, together with an
assessment of the extent to which the loan guarantee
program supports the critical infrastructure protection
program.
``(4) Any other information on the loan guarantee
program that the Secretary considers appropriate to
include in the report.''.
(2) The table of subchapters at the beginning of such
chapter is amended by adding at the end the following new item:

``VII. Critical Infrastructure Protection Loan Guarantees........2541''.

(b) Redesignation of Displaced Sections.--(1) Sections 2541
through 2554 of chapter 152 of title 10, United States Code,
are redesignated as sections 2551 through 2564, respectively.
(2) The items in the table of sections at the beginning of
chapter 152 of such title are revised to reflect the
redesignations made by paragraph (1).
(c) Conforming Amendments.--(1) Subsection (c)(3)(C) of
section 2561 of such title, as redesignated by subsection (b),
is amended by striking ``section 2547'' and inserting ``section
2557''.
(2) Subsection (b) of section 2562 of such title, as so
redesignated, is amended by striking ``section 2547'' and
inserting ``section 2557''.
(3) Section 7300 of such title is amended by striking
``section 2553'' and inserting ``section 2563''.

SEC. 1034. REPORT ON THE STATUS OF DOMESTIC PREPAREDNESS AGAINST THE
THREAT OF BIOLOGICAL TERRORISM.

(a) Report Required.--Not later than March 31, 2001, the
President shall submit to Congress a report on domestic
preparedness against the threat of biological terrorism.
(b) Report Elements.--The report shall address the
following:
(1) The current state of United States preparedness
to defend against a biologic attack.
(2) The roles that various Federal agencies
currently play, and should play, in preparing for, and
defending against, such an attack.
(3) The roles that State and local agencies and
public health facilities currently play, and should
play, in preparing for, and defending against, such an
attack.
(4) The advisability of establishing an
intergovernmental task force to assist in preparations
for such an attack.
(5) The potential role of advanced communications
systems in aiding domestic preparedness against such an
attack.
(6) The potential for additional research and
development in biotechnology to aid domestic
preparedness against such an attack.
(7) Other measures that should be taken to aid
domestic preparedness against such an attack.
(8) The financial resources necessary to support
efforts for domestic preparedness against such an
attack.
(9) The deficiencies and vulnerabilities in the
United States public health system for dealing with the
consequences of a biological terrorist attack on the
United States, and current plans to address those
deficiencies and vulnerabilities.
(c) Intelligence Estimate.--(1) Not later than March 1,
2001, the Secretary of Defense shall submit to Congress an
intelligence estimate, prepared in consultation with the
Director of Central Intelligence, containing--
(A) an assessment of the threat to the United
States posed by a terrorist using a biological weapon;
and
(B) an assessment of the relative consequences of
an attack against the United States by a terrorist
using a biological weapon compared with the
consequences of an attack against the United States by
a terrorist using a weapon that is a weapon of mass
destruction other than a biological weapon or that is a
conventional weapon.
(2) The intelligence estimate submitted under paragraph (1)
shall include a comparison of--
(A) the likelihood of the threat of a terrorist
attack against the United States through the use of a
biological weapon, with
(B) the likelihood of the threat of a terrorist
attack against the United States through the use of a
weapon that is a weapon of mass destruction other than
a biological weapon or that is a conventional weapon.

SEC. 1035. REPORT ON STRATEGY, POLICIES, AND PROGRAMS TO COMBAT
DOMESTIC TERRORISM.

Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the strategy,
policies, and programs of the United States for combating
domestic terrorism, and in particular domestic terrorism
involving weapons of mass destruction. The report shall
document the progress and problems experienced by the Federal
Government in organizing and preparing to respond to domestic
terrorist incidents.

Subtitle E--Strategic Forces

SEC. 1041. REVISED NUCLEAR POSTURE REVIEW.

(a) Requirement for Comprehensive Review.--In order to
clarify United States nuclear deterrence policy and strategy
for the near term, the Secretary of Defense shall conduct a
comprehensive review of the nuclear posture of the United
States for the next 5 to 10 years. The Secretary shall conduct
the review in consultation with the Secretary of Energy.
(b) Elements of Review.--The nuclear posture review shall
include the following elements:
(1) The role of nuclear forces in United States
military strategy, planning, and programming.
(2) The policy requirements and objectives for the
United States to maintain a safe, reliable, and
credible nuclear deterrence posture.
(3) The relationship among United States nuclear
deterrence policy, targeting strategy, and arms control
objectives.
(4) The levels and composition of the nuclear
delivery systems that will be required for implementing
the United States national and military strategy,
including any plans for replacing or modifying existing
systems.
(5) The nuclear weapons complex that will be
required for implementing the United States national
and military strategy, including any plans to modernize
or modify the complex.
(6) The active and inactive nuclear weapons
stockpile that will be required for implementing the
United States national and military strategy, including
any plans for replacing or modifying warheads.
(c) Report to Congress.--The Secretary of Defense shall
submit to Congress, in unclassified and classified forms as
necessary, a report on the results of the nuclear posture
review conducted under this section. The report shall be
submitted concurrently with the Quadrennial Defense Review
report due in December 2001.
(d) Sense of Congress.--It is the sense of Congress that
the nuclear posture review conducted under this section should
be used as the basis for establishing future United States arms
control objectives and negotiating positions.

SEC. 1042. PLAN FOR THE LONG-TERM SUSTAINMENT AND MODERNIZATION OF
UNITED STATES STRATEGIC NUCLEAR FORCES.

(a) Requirement for Plan.--The Secretary of Defense, in
consultation with the Secretary of Energy, shall develop a
long-range plan for the sustainment and modernization of United
States strategic nuclear forces to counter emerging threats and
satisfy the evolving requirements of deterrence.
(b) Elements of Plan.--The plan specified under subsection
(a) shall include the Secretary's plans, if any, for the
sustainment and modernization of the following:
(1) Land-based and sea-based strategic ballistic
missiles, including any plans for developing
replacements for the Minuteman III intercontinental
ballistic missile and the Trident II sea-launched
ballistic missile and plans for common ballistic
missile technology development.
(2) Strategic nuclear bombers, including any plans
for a B-2 follow-on, a B-52 replacement, and any new
air-launched weapon systems.
(3) Appropriate warheads to outfit the strategic
nuclear delivery systems referred to in paragraphs (1)
and (2) to satisfy evolving military requirements.
(c) Submittal of Plan.--The plan specified under subsection
(a) shall be submitted to Congress not later than April 15,
2001. The plan shall be submitted in unclassified and
classified forms, as necessary.

SEC. 1043. MODIFICATION OF SCOPE OF WAIVER AUTHORITY FOR LIMITATION ON
RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR
DELIVERY SYSTEMS.

Section 1302(b) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948), as
amended by section 1501(a) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 806), is further amended by striking ``the application of
the limitation in effect under paragraph (1)(B) or (3) of
subsection (a), as the case may be,'' and inserting ``the
application of the limitation in effect under subsection (a) to
a strategic nuclear delivery system''.

SEC. 1044. REPORT ON THE DEFEAT OF HARDENED AND DEEPLY BURIED TARGETS.

(a) Study.--The Secretary of Defense shall, in conjunction
with the Secretary of Energy, conduct a study relating to the
defeat of hardened and deeply buried targets. Under the study,
the Secretaries shall--
(1) review--
(A) the requirements of the United States
to defeat hardened and deeply buried targets
and stockpiles of chemical and biological
agents and related capabilities; and
(B) current and future plans to meet those
requirements;
(2) determine if those plans adequately address all
such requirements;
(3) identify potential future hardened and deeply
buried targets and other related targets;
(4) determine what resources and research and
development efforts are needed to defeat the targets
identified under paragraph (3) as well as other
requirements to defeat stockpiles of chemical and
biological agents and related capabilities;
(5) assess both current and future options to
defeat hardened and deeply buried targets as well as
concepts to defeat stockpiles of chemical and
biological agents and related capabilities; and
(6) determine the capability and cost of each
option assessed under paragraph (5).
(b) Conduct of Assessments.--In conducting the study under
subsection (a), the Secretaries may, in order to perform the
assessments required by paragraph (5) of that subsection,
conduct any limited research and development that may be
necessary to perform those assessments.
(c) Report.--(1) Not later than July 1, 2001, 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 results of the study conducted
under subsection (a). The report shall be prepared in
conjunction with the Secretary of Energy.
(2) The report under paragraph (1) shall be submitted in
unclassified form, together with a classified annex if
necessary.

SEC. 1045. SENSE OF CONGRESS ON THE MAINTENANCE OF THE STRATEGIC
NUCLEAR TRIAD.

It is the sense of Congress that, in light of the potential
for further arms control agreements with the Russian Federation
limiting strategic forces--
(1) it is in the national interest of the United
States to maintain a robust and balanced triad of
strategic nuclear delivery vehicles, including (A)
long-range bombers, (B) land-based intercontinental
ballistic missiles (ICBMs), and (C) ballistic missile
submarines; and
(2) reductions to United States conventional bomber
capability are not in the national interest of the
United States.

Subtitle F--Miscellaneous Reporting Requirements

SEC. 1051. MANAGEMENT REVIEW OF WORKING-CAPITAL FUND ACTIVITIES.

(a) Comptroller General Review Required.--The Comptroller
General shall conduct a review of the working-capital fund
activities of the Department of Defense to identify any
potential changes in current management processes or policies
that, if made, would result in a more efficient and economical
operation of those activities.
(b) Review To Include Carryover Policy.--The review shall
include a review of practices under the Department of Defense
policy that authorizes funds available for working-capital fund
activities for one fiscal year to be obligated for work to be
performed at such activities within the first 90 days of the
next fiscal year (known as ``carryover''). On the basis of the
review, the Comptroller General shall determine the following:
(1) The extent to which the working-capital fund
activities of the Department of Defense have complied
with the 90-day carryover policy.
(2) The reasons for the carryover authority under
the policy to apply to as much as a 90-day quantity of
work.
(3) Whether applying the carryover authority to not
more than a 30-day quantity of work would be sufficient
to ensure uninterrupted operations at the working-
capital fund activities early in a fiscal year.
(4) What, if any, savings could be achieved by
restricting the carryover authority so as to apply to a
30-day quantity of work.

SEC. 1052. REPORT ON SUBMARINE RESCUE SUPPORT VESSELS.

(a) Requirement.--The Secretary of the Navy shall submit to
Congress, together with the submission of the budget of the
President for fiscal year 2002 under section 1105 of title 31,
United States Code, a report on the plan of the Navy for
providing for submarine rescue support vessels through fiscal
year 2007.
(b) Content.--The report shall include a discussion of the
following:
(1) The requirement for submarine rescue support
vessels through fiscal year 2007, including experience
in changing from the provision of such vessels from
dedicated platforms to the provision of such vessels
through vessel of opportunity services and charter
vessels.
(2) The resources required, the risks to
submariners, and the operational impacts of the
following:
(A) Chartering submarine rescue support
vessels for terms of up to five years, with
options to extend the charters for two
additional five-year periods.
(B) Providing submarine rescue support
vessels using vessel of opportunity services.
(C) Providing submarine rescue support
services through other means considered by the
Navy.

SEC. 1053. REPORT ON FEDERAL GOVERNMENT PROGRESS IN DEVELOPING
INFORMATION ASSURANCE STRATEGIES.

Not later than January 15, 2001, the President shall submit
to Congress a comprehensive report detailing the specific steps
taken by the Federal Government as of the date of the report to
develop critical infrastructure assurance strategies as
outlined by Presidential Decision Directive No. 63 (PDD-63).
The report shall include the following:
(1) A detailed summary of the progress of each
Federal agency in developing an internal information
assurance plan.
(2) The progress of Federal agencies in
establishing partnerships with relevant private sector
industries to address critical infrastructure
vulnerabilities.

SEC. 1054. DEPARTMENT OF DEFENSE PROCESS FOR DECISIONMAKING IN CASES OF
FALSE CLAIMS.

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

Subtitle G--Government Information Security Reform

SEC. 1061. COORDINATION OF FEDERAL INFORMATION POLICY.

Chapter 35 of title 44, United States Code, is amended by
inserting at the end the following new subchapter:

``SUBCHAPTER II--INFORMATION SECURITY

``Sec. 3531. Purposes

``The purposes of this subchapter are the following:
``(1) To provide a comprehensive framework for
establishing and ensuring the effectiveness of controls
over information resources that support Federal
operations and assets.
``(2)(A) To recognize the highly networked nature
of the Federal computing environment including the need
for Federal Government interoperability and, in the
implementation of improved security management
measures, assure that opportunities for
interoperability are not adversely affected.
``(B) To provide effective Government-wide
management and oversight of the related information
security risks, including coordination of information
security efforts throughout the civilian, national
security, and law enforcement communities.
``(3) To provide for development and maintenance of
minimum controls required to protect Federal
information and information systems.
``(4) To provide a mechanism for improved oversight
of Federal agency information security programs.

``Sec. 3532. Definitions

``(a) Except as provided under subsection (b), the
definitions under section 3502 shall apply to this subchapter.
``(b) In this subchapter:
``(1) The term `information technology' has the
meaning given that term in section 5002 of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1401).
``(2) The term `mission critical system' means any
telecommunications or information system used or
operated by an agency or by a contractor of an agency,
or other organization on behalf of an agency, that--
``(A) is defined as a national security
system under section 5142 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1452);
``(B) is protected at all times by
procedures established for information which
has been specifically authorized under criteria
established by an Executive order or an Act of
Congress to be classified in the interest of
national defense or foreign policy; or
``(C) processes any information, the loss,
misuse, disclosure, or unauthorized access to
or modification of, would have a debilitating
impact on the mission of an agency.

``Sec. 3533. Authority and functions of the Director

``(a)(1) The Director shall establish Government-wide
policies for the management of programs that--
``(A) support the cost-effective security of
Federal information systems by promoting security as an
integral component of each agency's business
operations; and
``(B) include information technology architectures
as defined under section 5125 of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1425).
``(2) Policies under this subsection shall--
``(A) be founded on a continuing risk management
cycle that recognizes the need to--
``(i) identify, assess, and understand
risk; and
``(ii) determine security needs
commensurate with the level of risk;
``(B) implement controls that adequately address
the risk;
``(C) promote continuing awareness of information
security risk; and
``(D) continually monitor and evaluate policy and
control effectiveness of information security
practices.
``(b) The authority under subsection (a) includes the
authority to--
``(1) oversee and develop policies, principles,
standards, and guidelines for the handling of Federal
information and information resources to improve the
efficiency and effectiveness of governmental
operations, including principles, policies, and
guidelines for the implementation of agency
responsibilities under applicable law for ensuring the
privacy, confidentiality, and security of Federal
information;
``(2) consistent with the standards and guidelines
promulgated under section 5131 of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the
Computer Security Act of 1987 (40 U.S.C. 1441 note;
Public Law 100-235; 101 Stat. 1729), require Federal
agencies to identify and afford security protections
commensurate with the risk and magnitude of the harm
resulting from the loss, misuse, or unauthorized access
to or modification of information collected or
maintained by or on behalf of an agency;
``(3) direct the heads of agencies to--
``(A) identify, use, and share best
security practices;
``(B) develop an agency-wide information
security plan;
``(C) incorporate information security
principles and practices throughout the life
cycles of the agency's information systems; and
``(D) ensure that the agency's information
security plan is practiced throughout all life
cycles of the agency's information systems;
``(4) oversee the development and implementation of
standards and guidelines relating to security controls
for Federal computer systems by the Secretary of
Commerce through the National Institute of Standards
and Technology under section 5131 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1441) and section 20 of the
National Institute of Standards and Technology Act (15
U.S.C. 278g-3);
``(5) oversee and coordinate compliance with this
section in a manner consistent with--
``(A) sections 552 and 552a of title 5;
``(B) sections 20 and 21 of the National
Institute of Standards and Technology Act (15
U.S.C. 278g-3 and 278g-4);
``(C) section 5131 of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1441);
``(D) sections 5 and 6 of the Computer
Security Act of 1987 (40 U.S.C. 1441 note;
Public Law 100-235; 101 Stat. 1729); and
``(E) related information management laws;
and
``(6) take any authorized action under section
5113(b)(5) of the Clinger-Cohen Act of 1996 (40 U.S.C.
1413(b)(5)) that the Director considers appropriate,
including any action involving the budgetary process or
appropriations management process, to enforce
accountability of the head of an agency for information
resources management, including the requirements of
this subchapter, and for the investments made by the
agency in information technology, including--
``(A) recommending a reduction or an
increase in any amount for information
resources that the head of the agency proposes
for the budget submitted to Congress under
section 1105(a) of title 31;
``(B) reducing or otherwise adjusting
apportionments and reapportionments of
appropriations for information resources; and
``(C) using other authorized administrative
controls over appropriations to restrict the
availability of funds for information
resources.
``(c) The authorities of the Director under this section
(other than the authority described in subsection (b)(6))--
``(1) shall be delegated to the Secretary of
Defense, the Director of Central Intelligence, and
another agency head as designated by the President in
the case of systems described under subparagraphs (A)
and (B) of section 3532(b)(2);
``(2) shall be delegated to the Secretary of
Defense in the case of systems described under
subparagraph (C) of section 3532(b)(2) that are
operated by the Department of Defense, a contractor of
the Department of Defense, or another entity on behalf
of the Department of Defense; and
``(3) in the case of all other Federal information
systems, may be delegated only to the Deputy Director
for Management of the Office of Management and Budget.

``Sec. 3534. Federal agency responsibilities

``(a) The head of each agency shall--
``(1) be responsible for--
``(A) adequately ensuring the integrity,
confidentiality, authenticity, availability,
and nonrepudiation of information and
information systems supporting agency
operations and assets;
``(B) developing and implementing
information security policies, procedures, and
control techniques sufficient to afford
security protections commensurate with the risk
and magnitude of the harm resulting from
unauthorized disclosure, disruption,
modification, or destruction of information
collected or maintained by or for the agency;
and
``(C) ensuring that the agency's
information security plan is practiced
throughout the life cycle of each agency
system;
``(2) ensure that appropriate senior agency
officials are responsible for--
``(A) assessing the information security
risks associated with the operations and assets
for programs and systems over which such
officials have control;
``(B) determining the levels of information
security appropriate to protect such operations
and assets; and
``(C) periodically testing and evaluating
information security controls and techniques;
``(3) delegate to the agency Chief Information
Officer established under section 3506, or a comparable
official in an agency not covered by such section, the
authority to administer all functions under this
subchapter including--
``(A) designating a senior agency
information security official who shall report
to the Chief Information Officer or a
comparable official;
``(B) developing and maintaining an
agencywide information security program as
required under subsection (b);
``(C) ensuring that the agency effectively
implements and maintains information security
policies, procedures, and control techniques;
``(D) training and overseeing personnel
with significant responsibilities for
information security with respect to such
responsibilities; and
``(E) assisting senior agency officials
concerning responsibilities under paragraph
(2);
``(4) ensure that the agency has trained personnel
sufficient to assist the agency in complying with the
requirements of this subchapter and related policies,
procedures, standards, and guidelines; and
``(5) ensure that the agency Chief Information
Officer, in coordination with senior agency officials,
periodically--
``(A)(i) evaluates the effectiveness of the
agency information security program, including
testing control techniques; and
``(ii) implements appropriate remedial
actions based on that evaluation; and
``(B) reports to the agency head on--
``(i) the results of such tests and
evaluations; and
``(ii) the progress of remedial
actions.
``(b)(1) Each agency shall develop and implement an
agencywide information security program to provide information
security for the operations and assets of the agency, including
operations and assets provided or managed by another agency.
``(2) Each program under this subsection shall include--
``(A) periodic risk assessments that consider
internal and external threats to--
``(i) the integrity, confidentiality, and
availability of systems; and
``(ii) data supporting critical operations
and assets;
``(B) policies and procedures that--
``(i) are based on the risk assessments
required under subparagraph (A) that cost-
effectively reduce information security risks
to an acceptable level; and
``(ii) ensure compliance with--
``(I) the requirements of this
subchapter;
``(II) policies and procedures as
may be prescribed by the Director; and
``(III) any other applicable
requirements;
``(C) security awareness training to inform
personnel of--
``(i) information security risks associated
with the activities of personnel; and
``(ii) responsibilities of personnel in
complying with agency policies and procedures
designed to reduce such risks;
``(D) periodic management testing and evaluation of
the effectiveness of information security policies and
procedures;
``(E) a process for ensuring remedial action to
address any significant deficiencies; and
``(F) procedures for detecting, reporting, and
responding to security incidents, including--
``(i) mitigating risks associated with such
incidents before substantial damage occurs;
``(ii) notifying and consulting with law
enforcement officials and other offices and
authorities;
``(iii) notifying and consulting with an
office designated by the Administrator of
General Services within the General Services
Administration; and
``(iv) notifying and consulting with an
office designated by the Secretary of Defense,
the Director of Central Intelligence, and
another agency head as designated by the
President for incidents involving systems
described under subparagraphs (A) and (B) of
section 3532(b)(2).
``(3) Each program under this subsection is subject to the
approval of the Director and is required to be reviewed at
least annually by agency program officials in consultation with
the Chief Information Officer. In the case of systems described
under subparagraphs (A) and (B) of section 3532(b)(2), the
Director shall delegate approval authority under this paragraph
to the Secretary of Defense, the Director of Central
Intelligence, and another agency head as designated by the
President.
``(c)(1) Each agency shall examine the adequacy and
effectiveness of information security policies, procedures, and
practices in plans and reports relating to--
``(A) annual agency budgets;
``(B) information resources management under
subchapter I of this chapter;
``(C) performance and results based management
under the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et
seq.);
``(D) program performance under sections 1105 and
1115 through 1119 of title 31, and sections 2801
through 2805 of title 39; and
``(E) financial management under--
``(i) chapter 9 of title 31, United States
Code, and the Chief Financial Officers Act of
1990 (31 U.S.C. 501 note; Public Law 101-576)
(and the amendments made by that Act);
``(ii) the Federal Financial Management
Improvement Act of 1996 (31 U.S.C. 3512 note)
(and the amendments made by that Act); and
``(iii) the internal controls conducted
under section 3512 of title 31.
``(2) Any significant deficiency in a policy, procedure, or
practice identified under paragraph (1) shall be reported as a
material weakness in reporting required under the applicable
provision of law under paragraph (1).
``(d)(1) In addition to the requirements of subsection (c),
each agency, in consultation with the Chief Information
Officer, shall include as part of the performance plan required
under section 1115 of title 31 a description of--
``(A) the time periods, and
``(B) the resources, including budget, staffing,
and training,
which are necessary to implement the program required under
subsection (b)(1).
``(2) The description under paragraph (1) shall be based on
the risk assessment required under subsection (b)(2)(A).

``Sec. 3535. Annual independent evaluation

``(a)(1) Each year each agency shall have performed an
independent evaluation of the information security program and
practices of that agency.
``(2) Each evaluation by an agency under this section shall
include--
``(A) testing of the effectiveness of information
security control techniques for an appropriate subset
of the agency's information systems; and
``(B) an assessment (made on the basis of the
results of the testing) of the compliance with--
``(i) the requirements of this subchapter;
and
``(ii) related information security
policies, procedures, standards, and
guidelines.
``(3) The Inspector General or the independent evaluator
performing an evaluation under this section may use an audit,
evaluation, or report relating to programs or practices of the
applicable agency.
``(b)(1)(A) Subject to subparagraph (B), for agencies with
Inspectors General appointed under the Inspector General Act of
1978 (5 U.S.C. App.) or any other law, the annual evaluation
required under this section or, in the case of systems
described under subparagraphs (A) and (B) of section
3532(b)(2), an audit of the annual evaluation required under
this section, shall be performed by the Inspector General or by
an independent evaluator, as determined by the Inspector
General of the agency.
``(B) For systems described under subparagraphs (A) and (B)
of section 3532(b)(2), the evaluation required under this
section shall be performed only by an entity designated by the
Secretary of Defense, the Director of Central Intelligence, or
another agency head as designated by the President.
``(2) For any agency to which paragraph (1) does not apply,
the head of the agency shall contract with an independent
evaluator to perform the evaluation.
``(c) Each year, not later than the anniversary of the date
of the enactment of this subchapter, the applicable agency head
shall submit to the Director--
``(1) the results of each evaluation required under
this section, other than an evaluation of a system
described under subparagraph (A) or (B) of section
3532(b)(2); and
``(2) the results of each audit of an evaluation
required under this section of a system described under
subparagraph (A) or (B) of section 3532(b)(2).
``(d)(1) The Director shall submit to Congress each year a
report summarizing the materials received from agencies
pursuant to subsection (c) in that year.
``(2) Evaluations and audits of evaluations of systems
under the authority and control of the Director of Central
Intelligence and evaluations and audits of evaluation of
National Foreign Intelligence Programs systems under the
authority and control of the Secretary of Defense shall be made
available only to the appropriate oversight committees of
Congress, in accordance with applicable laws.
``(e) Agencies and evaluators shall take appropriate
actions to ensure the protection of information, the disclosure
of which may adversely affect information security. Such
protections shall be commensurate with the risk and comply with
all applicable laws.

``Sec. 3536. Expiration

``This subchapter shall not be in effect after the date
that is two years after the date on which this subchapter takes
effect.''.

SEC. 1062. RESPONSIBILITIES OF CERTAIN AGENCIES.

(a) Department of Commerce.--Notwithstanding section 20 of
the National Institute of Standards and Technology Act (15
U.S.C. 278g-3) and except as provided under subsection (b), the
Secretary of Commerce, through the National Institute of
Standards and Technology and with technical assistance from the
National Security Agency, as required or when requested,
shall--
(1) develop, issue, review, and update standards
and guidance for the security of Federal information
systems, including development of methods and
techniques for security systems and validation
programs;
(2) develop, issue, review, and update guidelines
for training in computer security awareness and
accepted computer security practices, with assistance
from the Office of Personnel Management;
(3) provide agencies with guidance for security
planning to assist in the development of applications
and system security plans for such agencies;
(4) provide guidance and assistance to agencies
concerning cost-effective controls when interconnecting
with other systems; and
(5) evaluate information technologies to assess
security vulnerabilities and alert Federal agencies of
such vulnerabilities as soon as those vulnerabilities
are known.
(b) Department of Defense and the Intelligence Community.--
(1) In general.--Notwithstanding any other
provision of this subtitle (including any amendment
made by this subtitle)--
(A) the Secretary of Defense, the Director
of Central Intelligence, and another agency
head as designated by the President, shall,
consistent with their respective authorities--
(i) develop and issue information
security policies, standards, and
guidelines for systems described under
subparagraphs (A) and (B) of section
3532(b)(2) of title 44, United States
Code (as added by section 1061 of this
Act), that provide more stringent
protection, to the maximum extent
practicable, than the policies,
principles, standards, and guidelines
required under section 353 of such
title (as added by such section 1061);
and
(ii) ensure the implementation of
the information security policies,
principles, standards, and guidelines
described under clause (i); and
(B) the Secretary of Defense shall,
consistent with his authority--
(i) develop and issue information
security policies, standards, and
guidelines for systems described under
subparagraph (C) of section 3532(b)(2)
of title 44, United States Code (as
added by section 1061 of this Act),
that are operated by the Department of
Defense, a contractor of the Department
of Defense, or another entity on behalf
of the Department of Defense that
provide more stringent protection, to
the maximum extent practicable, than
the policies, principles, standards,
and guidelines required under section
3533 of such title (as added by such
section 1061); and
(ii) ensure the implementation of
the information security policies,
principles, standards, and guidelines
described under clause (i).
(2) Measures addressed.--The policies, principles,
standards, and guidelines developed by the Secretary of
Defense and the Director of Central Intelligence under
paragraph (1) shall address the full range of
information assurance measures needed to protect and
defend Federal information and information systems by
ensuring their integrity, confidentiality,
authenticity, availability, and nonrepudiation.
(c) Department of Justice.--The Attorney General shall
review and update guidance to agencies on--
(1) legal remedies regarding security incidents and
ways to report to and work with law enforcement
agencies concerning such incidents; and
(2) lawful uses of security techniques and
technologies.
(d) General Services Administration.--The Administrator of
General Services shall--
(1) review and update General Services
Administration guidance to agencies on addressing
security considerations when acquiring information
technology; and
(2) assist agencies in--
(A) fulfilling agency responsibilities
under section 3534(b)(2)(F) of title 44, United
States Code (as added by section 1061 of this
Act); and
(B) the acquisition of cost-effective
security products, services, and incident
response capabilities.
(e) Office of Personnel Management.--The Director of the
Office of Personnel Management shall--
(1) review and update Office of Personnel
Management regulations concerning computer security
training for Federal civilian employees;
(2) assist the Department of Commerce in updating
and maintaining guidelines for training in computer
security awareness and computer security best
practices; and
(3) work with the National Science Foundation and
other agencies on personnel and training initiatives
(including scholarships and fellowships, as authorized
by law) as necessary to ensure that the Federal
Government--
(A) has adequate sources of continuing
information security education and training
available for employees; and
(B) has an adequate supply of qualified
information security professionals to meet
agency needs.
(f) Information Security Policies, Principles, Standards,
and Guidelines.--
(1) Adoption of policies, principles, standards,
and guidelines of other agencies.--The policies,
principles, standards, and guidelines developed under
subsection (b) by the Secretary of Defense, the
Director of Central Intelligence, and another agency
head as designated by the President may be adopted, to
the extent that such policies are consistent with
policies and guidance developed by the Director of the
Office of Management and Budget and the Secretary of
Commerce--
(A) by the Director of the Office of
Management and Budget, as appropriate, for
application to the mission critical systems of
all agencies; or
(B) by an agency head, as appropriate, for
application to the mission critical systems of
that agency.
(2) Development of more stringent policies,
principles, standards, and guidelines.--To the extent
that such policies are consistent with policies and
guidance developed by the Director of the Office of
Management and Budget and the Secretary of Commerce, an
agency may develop and implement information security
policies, principles, standards, and guidelines that
provide more stringent protection than those required
under section 3533 of title 44, United States Code (as
added by section 1061 of this Act), or subsection (a)
of this section.
(g) Atomic Energy Act of 1954.--Nothing in this subtitle
(including any amendment made by this subtitle) shall supersede
any requirement made by, or under, the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.). Restricted Data or Formerly
Restricted Data shall be handled, protected, classified,
downgraded, and declassified in conformity with the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).

SEC. 1063. RELATIONSHIP OF DEFENSE INFORMATION ASSURANCE PROGRAM TO
GOVERNMENT-WIDE INFORMATION SECURITY PROGRAM.

(a) Consistency of Requirements.--Subsection (b) of section
2224 of title 10, United States Code, is amended--
(1) by striking ``(b) Objectives of the Program.--
'' and inserting ``(b) Objectives and Minimum
Requirements.--(1)''; and
(2) by adding at the end the following:
``(2) The program shall at a minimum meet the requirements
of sections 3534 and 3535 of title 44.''.
(b) Addition to Annual Report.--Subsection (e) of such
section is amended by adding at the end the following new
paragraph:
``(7) A summary of the actions taken in the
administration of sections 3534 and 3535 of title 44
within the Department of Defense.''.

SEC. 1064. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Table of Sections.--Chapter 35 of title 44, United
States Code, is amended--
(1) in the table of sections--
(A) by inserting after the chapter heading
the following:

``SUBCHAPTER I--FEDERAL INFORMATION POLICY'';

and
(B) by inserting after the item relating to
section 3520 the following:

``SUBCHAPTER II--INFORMATION SECURITY

``Sec.
``3531. Purposes.
``3532. Definitions.
``3533. Authority and functions of the Director.
``3534. Federal agency responsibilities.
``3535. Annual independent evaluation.
``3536. Expiration.'';
and
(2) by inserting before section 3501 the following:

``SUBCHAPTER I--FEDERAL INFORMATION POLICY''.

(b) References to Chapter 35.--Sections 3501 through 3520
of title 44, United States Code, are amended by striking
``chapter'' each place it appears and inserting ``subchapter'',
except in section 3507(i)(1) of such title.

SEC. 1065. EFFECTIVE DATE.

This subtitle and the amendments made by this subtitle
shall take effect 30 days after the date of enactment of this
Act.

Subtitle H--Security Matters

SEC. 1071. LIMITATION ON GRANTING OF SECURITY CLEARANCES.

(a) In General.--Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 986. Security clearances: limitations

``(a) Prohibition.--After the date of the enactment of this
section, the Department of Defense may not grant or renew a
security clearance for a person to whom this section applies
who is described in subsection (c).
``(b) Covered Persons.--This section applies to the
following persons:
``(1) An officer or employee of the Department of
Defense.
``(2) A member of the Army, Navy, Air Force, or
Marine Corps who is on active duty or is in an active
status.
``(3) An officer or employee of a contractor of the
Department of Defense.
``(c) Persons Disqualified From Being Granted Security
Clearances.--A person is described in this subsection if any of
the following applies to that person:
``(1) The person has been convicted in any court of
the United States of a crime and sentenced to
imprisonment for a term exceeding one year.
``(2) The person is an unlawful user of, or is
addicted to, a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C.
802)).
``(3) The person is mentally incompetent, as
determined by a mental health professional approved by
the Department of Defense.
``(4) The person has been discharged or dismissed
from the Armed Forces under dishonorable conditions.
``(d) Waiver Authority.--In a meritorious case, the
Secretary of Defense or the Secretary of the military
department concerned may authorize an exception to the
prohibition in subsection (a) for a person described in
paragraph (1) or (4) of subsection (c). The authority under the
preceding sentence may not be delegated.
``(e) Annual Report.--Not later than February 1 each year,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report identifying each waiver issued under subsection (d)
during the preceding year with an explanation for each case of
the disqualifying factor in subsection (c) that applied, and
the reason for the waiver of the disqualification.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``986. Security clearances: limitations.''.

SEC. 1072. PROCESS FOR PRIORITIZING BACKGROUND INVESTIGATIONS FOR
SECURITY CLEARANCES FOR DEPARTMENT OF DEFENSE
PERSONNEL AND DEFENSE CONTRACTOR PERSONNEL.

(a) Establishment of Process.--Chapter 80 of title 10,
United States Code, is amended by adding after section 1563, as
added by section 542(a), the following new section:

``Sec. 1564. Security clearance investigations

``(a) Expedited Process.--The Secretary of Defense shall
prescribe a process for expediting the completion of the
background investigations necessary for granting security
clearances for Department of Defense personnel and Department
of Defense contractor personnel who are engaged in sensitive
duties that are critical to the national security.
``(b) Required Features.--The process developed under
subsection (a) shall provide for the following:
``(1) Quantification of the requirements for
background investigations necessary for grants of
security clearances for Department of Defense personnel
and Department of Defense contractor personnel.
``(2) Categorization of personnel on the basis of
the degree of sensitivity of their duties and the
extent to which those duties are critical to the
national security.
``(3) Prioritization of the processing of
background investigations on the basis of the
categories of personnel determined under paragraph (2).
``(c) Annual Review.--The Secretary shall conduct an annual
review of the process prescribed under subsection (a) and shall
revise that process as determined necessary in relation to
ongoing Department of Defense missions.
``(d) Consultation Requirement.--The Secretary shall
consult with the Secretaries of the military departments and
the heads of Defense Agencies in carrying out this section.
``(e) Sensitive Duties.--For the purposes of this section,
it is not necessary for the performance of duties to involve
classified activities or classified matters in order for the
duties to be considered sensitive and critical to the national
security.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 1563, as added by section 542(b), the
following new item:

``1564. Security clearance investigations.''.

(c) Deadline for Prescribing Process for Prioritizing
Background Investigations for Security Clearances.--The process
required by section 1564(a) of title 10, United States Code, as
added by subsection (a), for expediting the completion of the
background investigations necessary for granting security
clearances for certain persons shall be prescribed not later
than January 1, 2001.

SEC. 1073. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE INFORMATION FROM
PUBLIC DISCLOSURE.

(a) In General.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 130b the following new
section:

``Sec. 130c. Nondisclosure of information: certain sensitive
information of foreign governments and
international organizations

``(a) Exemption From Disclosure.--The national security
official concerned (as defined in subsection (h)) may withhold
from public disclosure otherwise required by law sensitive
information of foreign governments in accordance with this
section.
``(b) Information Eligible for Exemption.--For the purposes
of this section, information is sensitive information of a
foreign government only if the national security official
concerned makes each of the following determinations with
respect to the information:
``(1) That the information was provided by,
otherwise made available by, or produced in cooperation
with, a foreign government or international
organization.
``(2) That the foreign government or international
organization is withholding the information from public
disclosure (relying for that determination on the
written representation of the foreign government or
international organization to that effect).
``(3) That any of the following conditions are met:
``(A) The foreign government or
international organization requests, in
writing, that the information be withheld.
``(B) The information was provided or made
available to the United States Government on
the condition that it not be released to the
public.
``(C) The information is an item of
information, or is in a category of
information, that the national security
official concerned has specified in regulations
prescribed under subsection (f) as being
information the release of which would have an
adverse effect on the ability of the United
States Government to obtain the same or similar
information in the future.
``(c) Information of Other Agencies.--If the national
security official concerned provides to the head of another
agency sensitive information of a foreign government, as
determined by that national security official under subsection
(b), and informs the head of the other agency of that
determination, then the head of the other agency shall withhold
the information from any public disclosure unless that national
security official specifically authorizes the disclosure.
``(d) Limitations.--(1) If a request for disclosure covers
any sensitive information of a foreign government (as described
in subsection (b)) that came into the possession or under the
control of the United States Government before the date of the
enactment of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 and more than 25 years before the
request is received by an agency, the information may be
withheld only as set forth in paragraph (3).
``(2)(A) If a request for disclosure covers any sensitive
information of a foreign government (as described in subsection
(b)) that came into the possession or under the control of the
United States Government on or after the date referred to in
paragraph (1), the authority to withhold the information under
this section is subject to the provisions of subparagraphs (B)
and (C).
``(B) Information referred to in subparagraph (A) may not
be withheld under this section after--
``(i) the date that is specified by a foreign
government or international organization in a request
or expression of a condition described in paragraph (1)
or (2) of subsection (b) that is made by the foreign
government or international organization concerning the
information; or
``(ii) if there are more than one such foreign
governments or international organizations, the latest
date so specified by any of them.
``(C) If no date is applicable under subparagraph (B) to a
request referred to in subparagraph (A) and the information
referred to in that subparagraph came into possession or under
the control of the United States more than 10 years before the
date on which the request is received by an agency, the
information may be withheld under this section only as set
forth in paragraph (3).
``(3) Information referred to in paragraph (1) or (2)(C)
may be withheld under this section in the case of a request for
disclosure only if, upon the notification of each foreign
government and international organization concerned in
accordance with the regulations prescribed under subsection
(g)(2), any such government or organization requests in writing
that the information not be disclosed for an additional period
stated in the request of that government or organization. After
the national security official concerned considers the request
of the foreign government or international organization, the
official shall designate a later date as the date after which
the information is not to be withheld under this section. The
later date may be extended in accordance with a later request
of any such foreign government or international organization
under this paragraph.
``(e) Information Protected Under Other Authority.--This
section does not apply to information or matters that are
specifically required in the interest of national defense or
foreign policy to be protected against unauthorized disclosure
under criteria established by an Executive order and are
classified, properly, at the confidential, secret, or top
secret level pursuant to such Executive order.
``(f) Disclosures Not Affected.--Nothing in this section
shall be construed to authorize any official to withhold, or to
authorize the withholding of, information from the following:
``(1) Congress.
``(2) The Comptroller General, unless the
information relates to activities that the President
designates as foreign intelligence or
counterintelligence activities.
``(g) Regulations.--(1) The national security officials
referred to in subsection (h)(1) shall each prescribe
regulations to carry out this section. The regulations shall
include criteria for making the determinations required under
subsection (b). The regulations may provide for controls on
access to and use of, and special markings and specific
safeguards for, a category or categories of information subject
to this section.
``(2) The regulations shall include procedures for
notifying and consulting with each foreign government or
international organization concerned about requests for
disclosure of information to which this section applies.
``(h) Definitions.--In this section:
``(1) The term `national security official
concerned' means the following:
``(A) The Secretary of Defense, with
respect to information of concern to the
Department of Defense, as determined by the
Secretary.
``(B) The Secretary of Transportation, with
respect to information of concern to the Coast
Guard, as determined by the Secretary, but only
while the Coast Guard is not operating as a
service in the Navy.
``(C) The Secretary of Energy, with respect
to information concerning the national security
programs of the Department of Energy, as
determined by the Secretary.
``(2) The term `agency' has the meaning given that
term in section 552(f) of title 5.
``(3) The term `international organization' means
the following:
``(A) A public international organization
designated pursuant to section 1 of the
International Organizations Immunities Act (59
Stat. 669; 22 U.S.C. 288) as being entitled to
enjoy the privileges, exemptions, and
immunities provided in such Act.
``(B) A public international organization
created pursuant to a treaty or other
international agreement as an instrument
through or by which two or more foreign
governments engage in some aspect of their
conduct of international affairs.
``(C) An official mission, except a United
States mission, to a public international
organization referred to in subparagraph (A) or
(B).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130b the following new item:

``130c. Nondisclosure of information: certain sensitive information of
foreign governments and international organizations.''.

SEC. 1074. EXPANSION OF AUTHORITY TO EXEMPT GEODETIC PRODUCTS OF THE
DEPARTMENT OF DEFENSE FROM PUBLIC DISCLOSURE.

Section 455(b)(1)(C) of title 10, United States Code, is
amended by striking ``or reveal military operational or
contingency plans'' and inserting ``, reveal military
operational or contingency plans, or reveal, jeopardize, or
compromise military or intelligence capabilities''.

SEC. 1075. EXPENDITURES FOR DECLASSIFICATION ACTIVITIES.

(a) Identification in Budget Materials of Amounts for
Declassification Activities.--Section 230 of title 10, United
States Code, is amended--
(1) by striking ``, as a budgetary line item,'';
and
(2) by adding at the end the following new
sentence: ``Identification of such amounts in such
budget justification materials shall be in a single
display that shows the total amount for the Department
of Defense and the amount for each military department
and Defense Agency.''.
(b) Limitation on Expenditures.--The total amount expended
by the Department of Defense during fiscal year 2001 to carry
out declassification activities under the provisions of
sections 3.4, 3.5, and 3.6 of Executive Order 12958 (50 U.S.C.
435 note) and for special searches (including costs for
document search, copying, and review and imagery analysis) may
not exceed $30,000,000.
(c) Compilation and Organization of Records.--The
Department of Defense may not be required, when conducting a
special search, to compile or organize records that have
already been declassified and placed into the public domain.
(d) Special Searches.--For the purpose of this section, the
term ``special search'' means the response of the Department of
Defense to any of the following:
(1) A statutory requirement to conduct a
declassification review on a specified set of agency
records.
(2) An Executive order to conduct a
declassification review on a specified set of agency
records.
(3) An order from the President or an official with
delegated authority from the President to conduct a
declassification review on a specified set of agency
records.

SEC. 1076. ENHANCED ACCESS TO CRIMINAL HISTORY RECORD INFORMATION FOR
NATIONAL SECURITY AND OTHER PURPOSES.

(a) Coverage of Department of Transportation.--Section 9101
of title 5, United States Code, is amended--
(1) by adding at the end of subsection (a) the
following new paragraph:
``(6) The term `covered agency' means any of the
following:
``(A) The Department of Defense.
``(B) The Department of State.
``(C) The Department of Transportation.
``(D) The Office of Personnel Management.
``(E) The Central Intelligence Agency.
``(F) The Federal Bureau of
Investigation.'';
(2) in subsection (b)(1)--
(A) by striking ``by the Department of
Defense'' and all that follows through
``Federal Bureau of Investigation'' and
inserting ``by the head of a covered agency'';
and
(B) by striking ``such department, office,
agency, or bureau'' and inserting ``that
covered agency''; and
(3) in subsection (c), by striking ``The Department
of Defense'' and all that follows through ``Federal
Bureau of Investigation'' and inserting ``A covered
agency''.
(b) Repeal of Expired Provision.--Subsection (b) of such
section is amended by striking paragraph (3).
(c) Expanded Purposes for Access to Criminal History
Information.--Subsection (b) of such section is further
amended--
(1) by redesignating paragraph (2) as paragraph
(4);
(2) in the first sentence of paragraph (1)--
(A) by inserting ``any of the following:''
after ``eligibility for''; and
(B) by striking ``(A) access to classified
information'' and all that follows through the
end of the sentence and inserting the
following:
``(A) Access to classified information.
``(B) Assignment to or retention in sensitive
national security duties.
``(C) Acceptance or retention in the armed forces.
``(D) Appointment, retention, or assignment to a
position of public trust or a critical or sensitive
position while either employed by the Government or
performing a Government contract.'';
(3) by designating the second sentence of paragraph
(1) as paragraph (2); and
(4) by designating the third sentence of paragraph
(1) as paragraph (3) and in that sentence by striking
``, nor shall'' and all that follows through the end of
the sentence and inserting a period.
(d) Use of Automated Information Delivery Systems.--Such
section is further amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e)(1) Automated information delivery systems shall be
used to provide criminal history record information to a
covered agency under subsection (b) whenever available.
``(2) Fees, if any, charged for automated access through
such systems may not exceed the reasonable cost of providing
such access.
``(3) The criminal justice agency providing the criminal
history record information through such systems may not limit
disclosure on the basis that the repository is accessed from
outside the State.
``(4) Information provided through such systems shall be
the full and complete criminal history record.
``(5) Criminal justice agencies shall accept and respond to
requests for criminal history record information through such
systems with printed or photocopied records when requested.''.
(e) Technical Amendments.--Subsection (a) of such section
is amended--
(1) in paragraph (1), by striking ``includes'' and
all that follows through ``thereof which'' and
inserting ``means (A) any Federal, State, or local
court, and (B) any Federal, State, or local agency, or
any subunit thereof, which''; and
(2) in paragraph (4)--
(A) by inserting ``the Commonwealth of''
before ``the Northern Mariana Islands''; and
(B) by striking ``the Trust Territory of
the Pacific Islands,'.
(f) Conforming Amendments.--(1)(A) The heading for chapter
91 of title 5, United States Code, is amended to read as
follows:

``CHAPTER 91--ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL SECURITY
AND OTHER PURPOSES''.

(B) The item relating to chapter 91 in the table of
chapters at the beginning of part III of such title is amended
to read as follows:

``91. Access to Criminal History Records for National Security and
Other Purposes.....................................9101''.

(2)(A) The heading of section 9101 of such title is amended
to read as follows:

``Sec. 9101. Access to criminal history records for national security
and other purposes''.

(B) The item relating to that section in the table of
sections at the beginning of chapter 91 of such title is
amended to read as follows:

``9101. Access to criminal history records for national security and
other purposes.''.
(g) Repeal of Superseded Provision.--(1) Section 520a of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 31 of
such title is amended by striking the item relating to section
520a.

SEC. 1077. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL
ACTIVITIES AS SECURITY FOR INTELLIGENCE COLLECTION
ACTIVITIES.

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

SEC. 1078. COORDINATION OF NUCLEAR WEAPONS SECRECY POLICIES AND
CONSIDERATION OF HEALTH OF WORKERS AT FORMER
DEPARTMENT OF DEFENSE NUCLEAR FACILITIES.

(a) Review of Secrecy Policies.--(1) The Secretary of
Defense shall review classification and security policies of
the Department of Defense in order to ensure that, within
appropriate national security constraints, those policies do
not prevent or discourage former defense nuclear weapons
facility employees who may have been exposed to radioactive or
other hazardous substances associated with nuclear weapons from
discussing such exposures with appropriate health care
providers and with other appropriate officials.
(2) The policies reviewed under paragraph (1) shall include
the policy to neither confirm nor deny the presence of nuclear
weapons as that policy is applied to former defense nuclear
weapons facilities.
(b) Definitions.--For purposes of this section:
(1) The term ``former defense nuclear weapons
facility employees'' means employees and former
employees of the Department of Defense who are or were
employed at a site that, as of the date of the
enactment of this Act, is a former defense nuclear
weapons facility.
(2) The term ``former defense nuclear weapons
facility'' means a current or former Department of
Defense site in the United States which at one time was
a defense nuclear weapons facility but which no longer
contains nuclear weapons or materials and otherwise is
no longer used for such purpose.
(3) The term ``defense nuclear weapons facility''
means a Department of Defense site in the United States
at which nuclear weapons or materials are stored,
assembled, disassembled, or maintained.
(c) Notification of Affected Employees.--(1) The Secretary
of Defense shall seek to identify individuals--
(A) who are former defense nuclear weapons facility
employees; and
(B) who, while employed at a defense nuclear
weapons facility, may have been exposed to radioactive
or hazardous substances associated with nuclear
weapons.
(2) Upon identification of any individual under paragraph
(1), the Secretary of Defense shall notify that individual, by
mail or other individual means, of any such exposure to
radioactive or hazardous substances associated with nuclear
weapons that has been identified by the Secretary. The
notification shall include an explanation of how (or the degree
to which) that individual can discuss any such exposure with a
health care provider who does not hold a security clearance
without violating security or classification procedures and, if
necessary, provide guidance to facilitate the ability of that
individual to contact a health care provider with appropriate
security clearances or otherwise to discuss such exposures with
other officials who are determined by the Secretary of Defense
to be appropriate.
(d) Report.--Not later than May 1, 2001, 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 setting forth--
(1) the results of the review conducted under
subsection (a), including any changes made or
recommendations for legislation; and
(2) the status of the notifications required by
subsection (b) and an anticipated date by which the
identification and notification of individuals under
that subsection will be completed.
(e) Consultation With Secretary of Energy.--The Secretary
of Defense shall carry out the review under subsection (a) and
the identification of individuals under subsection (b), and
shall prepare the report under subsection (c), in consultation
with the Secretary of Energy.

Subtitle I--Other Matters

SEC. 1081. FUNDS FOR ADMINISTRATIVE EXPENSES UNDER DEFENSE EXPORT LOAN
GUARANTEE PROGRAM.

(a) Authority To Use Operation and Maintenance Funds on an
Interim Basis.--Section 2540c(d) of title 10, United States
Code, is amended--
(1) by inserting ``(1)'' after ``Fees.--''; and
(2) by adding at the end the following new
paragraph:
``(2)(A) If for any fiscal year amounts in the special
account established under paragraph (1) are not available (or
are not anticipated to be available) in a sufficient amount for
administrative expenses of the Department of Defense for that
fiscal year that are directly attributable to the
administration of the program under this subchapter, the
Secretary may use amounts currently available for operations
and maintenance for Defense-wide activities, not to exceed
$500,000 in any fiscal year, for those expenses.
``(B) The Secretary shall, from funds in the special
account established under paragraph (1), replenish operations
and maintenance accounts for amounts expended under
subparagraph (A) as soon as the Secretary determines
practicable.''.
(b) Effective Date.--Paragraph (2) of section 2540c(d) of
title 10, United States Code, as added by subsection (a), shall
take effect on October 1, 2000.
(c) Limitation Pending Submission of Report.--The Secretary
of Defense may not exercise the authority provided by paragraph
(2) of section 2540c(d) of title 10, United States Code, as
added by subsection (a), until the Secretary submits to
Congress a report on the operation of the Defense Export Loan
Guarantee Program under subchapter V of chapter 148 of title
10, United States Code. The report shall include the following:
(1) A discussion of the effectiveness of the loan
guarantee program in furthering the sale of United
States defense articles, defense services, and design
and construction services to nations that are specified
in section 2540(b) of such title, to include a
comparison of the loan guarantee program with other
United States Government programs that are intended to
contribute to the sale of United States defense
articles, defense services, and design and construction
services and other comparisons the Secretary determines
to be appropriate.
(2) A discussion of the requirements and resources
(including personnel and funds) for continued
administration of the loan guarantee program by the
Defense Department, to include--
(A) an itemization of the requirements
necessary and resources available (or that
could be made available) to administer the loan
guarantee program for each of the following
entities: the Defense Security Cooperation
Agency, the Department of Defense International
Cooperation Office, and other Defense
Department agencies, offices, or activities as
the Secretary may specify; and
(B) for each such activity, agency, or
office, a comparison of the use of Defense
Department personnel exclusively to administer,
manage, and oversee the program with the use of
contracted commercial entities to administer
and manage the program.
(3) Any legislative recommendations that the
Secretary believes could improve the effectiveness of
the program.
(4) A determination made by the Secretary of
Defense indicating which Defense Department agency,
office, or other activity should administer, manage,
and oversee the loan guarantee program to increase
sales of United States defense articles, defense
services, and design and construction services, such
determination to be made based on the information and
analysis provided in the report.

SEC. 1082. TRANSIT PASS PROGRAM FOR DEPARTMENT OF DEFENSE PERSONNEL IN
POOR AIR QUALITY AREAS.

(a) In General.--(1) Chapter 134 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2259. Transit pass program: personnel in poor air quality areas

``(a) Establishment of Program.--To encourage Department of
Defense personnel assigned to duty, or employed, in poor air
quality areas to use means other than single-occupancy motor
vehicles to commute to or from the location of their duty
assignments, the Secretary of Defense shall exercise the
authority provided in section 7905 of title 5 to establish a
program to provide a transit pass benefit under subsection
(b)(2)(A) of that section for members of the Army, Navy, Air
Force, and Marine Corps who are assigned to duty, and to
Department of Defense civilian officers and employees who are
employed, in a poor air quality area.
``(b) Poor Air Quality Areas.--In this section, the term
`poor air quality area' means an area--
``(1) that is subject to the national ambient air
quality standards promulgated by the Administrator of
the Environmental Protection Agency under section 109
of the Clean Air Act (42 U.S.C. 7409); and
``(2) that, as determined by the Administrator of
the Environmental Protection Agency, is a nonattainment
area with respect to any of those standards.''.
(2) The table of sections at the beginning of subchapter II
of such chapter is amended by adding at the end the following
new item:

``2259. Transit pass program: personnel in poor air quality areas.''.

(b) Time for Implementation.--The Secretary of Defense
shall prescribe the effective date for the transit pass program
required under section 2259 of title 10, United States Code, as
added by subsection (a). The effective date so prescribed may
not be later than the first day of the first month that begins
on or after the date that is 180 days after the date of the
enactment of this Act.

SEC. 1083. TRANSFER OF VIETNAM ERA TA-4 AIRCRAFT TO NONPROFIT
FOUNDATION.

(a) Authority to Convey.--The Secretary of the Navy may
convey, without consideration, to the nonprofit Collings
Foundation of Stow, Massachusetts (in this section referred to
as the ``foundation''), all right, title, and interest of the
United States in and to one surplus TA-4 aircraft that is
flyable or that can be readily restored to flyable condition.
The conveyance shall be made by means of a conditional deed of
gift.
(b) Condition of Aircraft.--(1) The Secretary may not
convey ownership of an aircraft under subsection (a) until the
Secretary determines that the foundation has altered the
aircraft in such manner as the Secretary determines necessary
to ensure that the aircraft does not have any capability for
use as a platform for launching or releasing munitions or any
other combat capability that it was designed to have. The
foundation shall complete any such alteration within one year
after the date of the enactment of this Act.
(2) The Secretary is not required to repair or alter the
condition of the aircraft before conveying ownership of the
aircraft.
(c) Reverter Upon Breach of Conditions.--The Secretary
shall include in the instrument of conveyance of the aircraft--
(1) a condition that the foundation not convey any
ownership interest in, or transfer possession of, the
aircraft to any other party without the prior approval
of the Secretary;
(2) a condition that the foundation operate and
maintain the aircraft in compliance with all applicable
limitations and maintenance requirements imposed by the
Administrator of the Federal Aviation Administration;
and
(3) a condition that if the Secretary determines at
any time that the foundation has conveyed an ownership
interest in, or transferred possession of, the aircraft
to any other party without the prior approval of the
Secretary, or has failed to comply with the condition
set forth in paragraph (2), all right, title, and
interest in and to the aircraft, including any repair
or alteration of the aircraft, shall revert to the
United States, and the United States shall have the
right of immediate possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The
conveyance of the aircraft under subsection (a) shall be made
at no cost to the United States. Any costs associated with the
conveyance, costs of determining compliance with subsection
(b), and costs of operation and maintenance of the aircraft
conveyed shall be borne by the foundation.
(e) Additional Terms and Conditions.--The Secretary 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.
(f ) Clarification of Liability.--Notwithstanding any other
provision of law, upon the conveyance of ownership of a TA-4
aircraft to the foundation under subsection (a), the United
States shall not be liable for any death, injury, loss, or
damage that results from any use of that aircraft by any person
other than the United States.

SEC. 1084. TRANSFER OF 19TH CENTURY CANNON TO MUSEUM.

(a) Donation Required.--The Secretary of the Army shall
convey, without consideration, to the Friends of the Cannonball
House, Incorporated (in this section referred to as the
``recipient''), which is a nonprofit corporation that operates
the Cannonball House Museum in Macon, Georgia, all right,
title, and interest of the United States in and to a 12-pounder
Napoleon cannon bearing the following markings:
(1) On the top ``CS''.
(2) On the face of the muzzle: ``Macon Arsenal,
1864/No.41/1164 ET''.
(3) On the right trunnion: ``Macon Arsenal GEO/
1864/No.41/WT.1164/E.T.''.
(b) Additional Terms and Conditions on Conveyance.--The
Secretary of the Army shall include in the instrument of
conveyance of the cannon under subsection (a)--
(1) a condition that the recipient not convey any
ownership interest in, or transfer possession of, the
cannon to any other party without the prior approval of
the Secretary; and
(2) a condition that if the Secretary determines at
any time that the recipient has conveyed an ownership
interest in, or transferred possession of, the cannon
to any other party without the prior approval of the
Secretary, all right, title, and interest in and to the
cannon shall revert to the United States, and the
United States shall have the right of immediate
possession of the cannon.
(c) Relationship to Other Law.--The conveyance required
under this section may be carried out without regard to the Act
entitled ``An Act for the preservation of American
antiquities'', approved June 8, 1906 (16 U.S.C. 431 et seq.),
popularly referred to as the ``Antiquities Act of 1906''.
(d) Acquisition of Replacement Macon Cannon.--If the
Secretary of the Army determines that the Army's inventory of
Civil War era cannons should include an additional cannon
documented as having been manufactured in Macon, Georgia, to
replace the cannon conveyed under subsection (a), the Secretary
may acquire such a cannon by donation or purchase with funds
made available for this purpose.

SEC. 1085. FEES FOR PROVIDING HISTORICAL INFORMATION TO THE PUBLIC.

(a) Army.--(1) Chapter 437 of title 10, United States Code,
is amended by adding at the end the following new section:

``Sec. 4595. Army Military History Institute: fee for providing
historical information to the public

``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Army may charge a person a fee for providing
the person with information from the United States Army
Military History Institute that is requested by that person.
``(b) Exceptions.--A fee may not be charged under this
section--
``(1) to a person for information that the person
requests to carry out a duty as a member of the armed
forces or an officer or employee of the United States;
or
``(2) for a release of information under section
552 of title 5.
``(c) Limitation on Amount.--A fee charged for providing
information under this section may not exceed the cost of
providing the information.
``(d) Retention of Fees.--Amounts received under subsection
(a) for providing information in any fiscal year shall be
credited to the appropriation or appropriations charged the
costs of providing information to the public from the United
States Army Military History Institute during that fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Army Military History
Institute' means the archive for historical records and
materials of the Army that the Secretary of the Army
designates as the primary archive for such records and
materials.
``(2) The terms `officer of the United States' and
`employee of the United States' have the meanings given
the terms `officer' and `employee', respectively, in
sections 2104 and 2105, respectively, of title 5.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``4595. Army Military History Institute: fee for providing historical
information to the public.''.

(b) Navy.--(1) Chapter 649 of such title is amended by
adding at the end the following new section:

``Sec. 7582. Naval and Marine Corps Historical Centers: fee for
providing historical information to the public

``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Navy may charge a person a fee for providing
the person with information from the United States Naval
Historical Center or the Marine Corps Historical Center that is
requested by that person.
``(b) Exceptions.--A fee may not be charged under this
section--
``(1) to a person for information that the person
requests to carry out a duty as a member of the armed
forces or an officer or employee of the United States;
or
``(2) for a release of information under section
552 of title 5.
``(c) Limitation on Amount.--A fee charged for providing
information under this section may not exceed the cost of
providing the information.
``(d) Retention of Fees.--Amounts received under subsection
(a) for providing information from the United States Naval
Historical Center or the Marine Corps Historical Center in any
fiscal year shall be credited to the appropriation or
appropriations charged the costs of providing information to
the public from that historical center during that fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Naval Historical
Center' means the archive for historical records and
materials of the Navy that the Secretary of the Navy
designates as the primary archive for such records and
materials.
``(2) The term `Marine Corps Historical Center'
means the archive for historical records and materials
of the Marine Corps that the Secretary of the Navy
designates as the primary archive for such records and
materials.
``(3) The terms `officer of the United States' and
`employee of the United States' have the meanings given
the terms `officer' and `employee', respectively, in
sections 2104 and 2105, respectively, of title 5.''.
(2) The heading of such chapter is amended by striking
``RELATED''.
(3)(A) The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:

``7582. Naval and Marine Corps Historical Centers: fee for providing
historical information to the public.''.

(B) The item relating to such chapter in the tables of
chapters at the beginning of subtitle C of such title and the
beginning of part IV of such subtitle is amended by striking
out ``Related''.
(c) Air Force.--(1) Chapter 937 of such title is amended by
adding at the end the following new section:

``Sec. 9594. Air Force Military History Institute: fee for providing
historical information to the public

``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Air Force may charge a person a fee for
providing the person with information from the United States
Air Force Military History Institute that is requested by that
person.
``(b) Exceptions.--A fee may not be charged under this
section--
``(1) to a person for information that the person
requests to carry out a duty as a member of the armed
forces or an officer or employee of the United States;
or
``(2) for a release of information under section
552 of title 5.
``(c) Limitation on Amount.--A fee charged for providing
information under this section may not exceed the cost of
providing the information.
``(d) Retention of Fees.--Amounts received under subsection
(a) for providing information in any fiscal year shall be
credited to the appropriation or appropriations charged the
costs of providing information to the public from the United
States Air Force Military History Institute during that fiscal
year.
``(e) Definitions.--In this section:
``(1) The term `United States Air Force Military
History Institute' means the archive for historical
records and materials of the Air Force that the
Secretary of the Air Force designates as the primary
archive for such records and materials.
``(2) The terms `officer of the United States' and
`employee of the United States' have the meanings given
the terms `officer' and `employee', respectively, in
sections 2104 and 2105, respectively, of title 5.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``9594. Air Force Military History Institute: fee for providing
historical information to the public.''.

SEC. 1086. GRANTS TO AMERICAN RED CROSS FOR ARMED FORCES EMERGENCY
SERVICES.

(a) Grants Authorized.--Subject to subsection (b), the
Secretary of Defense may make a grant to the American Red Cross
in an amount not to exceed $9,400,000 in each of fiscal years
2001, 2002, and 2003 for the support of the Armed Forces
Emergency Services program of the American Red Cross.
(b) Matching Requirement.--The grant under subsection (a)
for a fiscal year may not be made until after the American Red
Cross Incorporated, certifies to the Secretary of Defense that
the American Red Cross will expend for the Armed Forces
Emergency Services program for that fiscal year funds, derived
from non-Federal sources, in a total amount that equals or
exceeds the amount of the grant.

SEC. 1087. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 180(d) is amended by striking ``section
5376'' and inserting ``section 5315''.
(2) Section 628(c)(2) is amended by striking
``section'' in the second sentence after ``rather than
the provisions of'' and inserting ``sections''.
(3) Section 702(b)(2) is amended by striking
``section 230(c)'' and inserting ``section 203(c)''.
(4) Section 706(c) is amended--
(A) by striking ``(1)'' after ``(c)''; and
(B) by striking paragraph (2).
(5) Section 1074g is amended--
(A) in subsection (a)(6), by striking ``as
part of the regulations established'' and
inserting ``in the regulations prescribed'';
(B) in subsection (a)(7), by striking ``not
included on the uniform formulary, but,'' and
inserting ``that are not included on the
uniform formulary but that are'';
(C) in subsection (b)(1), by striking
``required by'' in the last sentence and
inserting ``prescribed under'';
(D) in subsection (d)(2), by striking ``Not
later than'' and all that follows through
``utilize'' and inserting ``Effective not later
than April 5, 2000, the Secretary shall use'';
(E) in subsection (e)--
(i) by striking ``Not later than
April 1, 2000, the'' and inserting
``The''; and
(ii) by inserting ``in'' before
``the TRICARE'' and before ``the
national'';
(F) in subsection (f)--
(i) by striking ``As used in this
section--'' and inserting ``In this
section:'';
(ii) by striking ``the'' at the
beginning of paragraphs (1) and (2) and
inserting ``The''; and
(iii) by striking ``; and'' at the
end of paragraph (1) and inserting a
period; and
(G) in subsection (g), by striking
``promulgate'' and inserting ``prescribe''.
(6) Section 1076c(b)(5)(C) is amended by striking
``pursuant to subsection (i)(2) of such section''.
(7) Section 1095d(b) is amended by striking
``subparagraphs'' and inserting ``subparagraph''.
(8) Section 1109(b) is amended by striking ``(1)''
before ``The Secretaries''.
(9) Section 1142(b)(4) is amended by striking
``sections 1151, 1152, and 1153 of this title'' and
inserting ``sections 1152 and 1153 of this title and
the Troops-to-Teachers Program Act of 1999 (20 U.S.C.
9301 et seq.)''.
(10) Section 1448(b)(3)(E)(ii) is amended by
striking the second comma after ``October 16, 1998''.
(11) Section 1598 is amended--
(A) in subsection (d)(2), by inserting ``as
in effect on October 4, 1999,'' after ``of this
title,'' both places it appears; and
(B) in subsection (f), by inserting ``, as
in effect on October 4, 1999,'' after ``of this
title''.
(12) Section 2113(f) is amended--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as
paragraph (4); and
(C) by designating the penultimate sentence
and the last sentence of paragraph (1) as
paragraphs (2) and (3), respectively.
(13) Section 2401(b)(1)(B) is amended by striking
``Committees on Appropriations'' and inserting
``Committee on Appropriations''.
(14) Section 2410j is amended--
(A) in subsection (f)(2), by inserting ``as
in effect on October 4, 1999,'' after ``of this
title,'' both places it appears; and
(B) in subsection (h), by inserting ``, as
in effect on October 4, 1999,'' after ``of this
title''.
(15) Section 2688 is amended by redesignating
subsections (i) and (j) as subsections (h) and (i),
respectively.
(16) Section 2814(k) is amended by inserting
``and'' after ``Balanced Budget''.
(17) Sections 4357(e)(5), 6975(e)(5), and
9356(e)(5) are amended by inserting a close parenthesis
after ``80b-2)''.
(18) Section 5143(c)(2) is amended by striking
``has a grade'' and inserting ``has the grade of''.
(19) Section 5144(c)(2) is amended by striking
``has a grade'' and inserting ``has the grade of''.
(20) Section 10218 is amended--
(A) in subsections (a)(1), (b)(1),
(b)(2)(A), and (b)(2)(B)(ii), by striking ``the
date of the enactment of this section'' each
place it appears and inserting ``October 5,
1999,'';
(B) in subsections (a)(3)(B)(i) and
(b)(2)(B)(i), by striking ``the end of the one-
year period beginning on the date of the
enactment of this subsection'' and inserting
``October 5, 2000'';
(C) in subsection (b)(1), by striking ``six
months after the date of the enactment of this
section'' and inserting ``April 5, 2000''; and
(D) in subsection (b)(3), by striking
``within six months of the date of the
enactment of this section'' and inserting
``during the period beginning on October 5,
1999, and ending on April 5, 2000,''.
(21) Section 12552 is amended by inserting a period
at the end.
(22) Section 18233a(b) is amended--
(A) in paragraph (1), by striking ``section
2805(c)(1)'' and inserting ``section
2805(c)(1)(A)''; and
(B) in paragraph (2), by striking ``section
2805(c)(2)'' and inserting ``section
2805(c)(1)(B)''.
(b) Title 37, United States Code.--Title 37, United States
Code, is amended as follows:
(1) Section 301b(j)(2) is amended by striking
``section 301a(a)(6)(A)'' and inserting ``section
301a(a)(6)(B)''.
(2) Section 403(f)(3) is amended by striking
``regulation'' and inserting ``regulations''.
(3) Section 404(b)(2) is amended by striking
``section 402(e)'' and inserting ``section 403(f)(3)''.
(4) The section 435 added by section 586(b) of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 638) is redesignated as
section 436, and the item relating to that section in
the table of sections at the beginning of chapter 7 is
revised to conform to such redesignation.
(5) Section 1012 is amended by striking ``section
402(b)(3)'' and inserting ``section 402(e)''.
(c) Public Law 106-65.--(1) Effective as of October 5,
1999, and as if included therein as enacted, the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 512 et seq) is amended as follows:
(A) Section 578 is amended--
(i) in subsection (j) (113 Stat. 630), by
striking ``Chapter 4'' and inserting ``Chapter
7''; and
(ii) in subsection (k)(4) (113 Stat. 631),
by striking ``chapter 4'' and inserting
``chapter 7''.
(B) Section 586(c)(2) (113 Stat. 639) is amended by
striking ``relating to section 434'' and inserting
``added by section 578(k)(4)''.
(C) Section 601(c) (113 Stat. 645; 37 U.S.C. 1009
note) is amended--
(i) in the first table, relating to
commissioned officers, by striking
``$12,441.00'' in footnote 2 and inserting
``$12,488.70''; and
(ii) in the fourth table, relating to
enlisted members, by striking ``$4,701.00'' in
footnote 2 and inserting ``$4,719.00''.
(D) Section 657(a)(1)(A) (113 Stat. 668; 10 U.S.C.
1450 note) is amended by striking ``August 21, 1983''
and inserting ``August 19, 1983''.
(2) In the case of any former spouse to whom paragraph (3)
of section 1450(f) of title 10, United States Code, applies by
reason of the amendment made by paragraph (1)(D), the
provisions of subsection (b) of section 657 of the National
Defense Authorization Act for Fiscal Year 2000 shall be applied
by using the date of the enactment of this Act, rather than the
date of the enactment of that Act.
(d) Public Law 105-261.--Effective as of October 17, 1998,
and as if included therein as enacted, the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 1920 et seq.) is amended as follows:
(1) Section 142 (112 Stat. 1943; 50 U.S.C. 1521
note) is amended--
(A) in subsection (e), by striking
``1521(f))'' and inserting ``1521 note)''; and
(B) by redesignating the second subsection
(f) as subsection (g).
(2) Section 503(b)(1) (112 Stat. 2003) is amended
by inserting ``its'' after ``record of'' in the first
quoted matter therein.
(3) Section 645(b) (112 Stat. 2050) is amended by
striking ``a member'' and inserting ``member'' in the
quoted matter therein.
(4) Section 701 (112 Stat. 2056) is amended--
(A) in subsection (a), by inserting ``(1)''
before ``Section 1076a(b)(2)''; and
(B) in subsection (b), by inserting ``of
such title'' after ``1076a''.
(5) Section 802(b) (112 Stat. 2081) is amended by
striking ``Administrative'' in the first quoted matter
therein and inserting ``Administration''.
(6) Section 1101(e)(2)(C) (112 Stat. 2140; 5 U.S.C.
3104 note) is amended by striking ``subsection (c)(1)''
and inserting ``subsection (c)(2)''.
(7) Section 1405(k)(2) (112 Stat. 2170; 50 U.S.C.
2301 note) is amended by striking ``subchapter'' and
inserting ``chapter''.
(e) Public Law 105-85.--The National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85) is amended as
follows:
(1) Section 602(d)(1)(A) (111 Stat. 1773; 37 U.S.C.
402 note) is amended by striking ``of'' the first place
it appears in the matter preceding clause (i).
(2) Section 1221(a)(3) (22 U.S.C. 1928 note), as
amended by section 1233(a)(2)(A) of Public Law 105-261
(112 Stat. 2156), is amended by striking the second
close parenthesis after ``relief efforts''.
(f) Title 5, United States Code.--Title 5, United States
Code, is amended as follows:
(1) Section 3329 is amended--
(A) in subsection (a), by striking ``such
term'' and inserting ``the term `military
technician (dual status)' ''; and
(B) in subsection (b), by striking
``section 1332 of title 10'' and inserting
``section 12732 of title 10''.
(2) Section 5531 is amended by striking ``sections
5532 and'' in the matter preceding paragraph (1) and
inserting ``section''.
(3) Section 8116(a)(4) is amended by striking ``,
subject to'' and all that follows through ``United
States Code''.
(4) Section 8339(g) is amended by striking ``the
application of the limitation in section 5532 of this
title, or'' in the third sentence.
(5) Section 8344(h)(1) is amended by inserting
``(as in effect before the repeal of that section by
section 651(a) of Public Law 106-65)'' after ``section
5532(f)(2) of this title''.
(g) Other Laws.--
(1) Section 834(e) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (15
U.S.C. 637 note) is amended by striking the second
period after ``2005''.
(2) Section 2905(b)(4) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended by
transferring subparagraph (G) so as to appear
immediately before subparagraph (H), as added by
section 2821(a) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
853).
(3) Section 686(b) of title 14, United States Code,
is amended--
(A) in paragraph (1), by striking ``section
403(b)'' and inserting ``section 403(e)''; and
(B) in paragraph (2), by striking ``a basic
allowance for quarters under section 403 of
title 37, and, if in a high housing cost area,
a variable housing allowance under section 403a
of that title'' and inserting ``a basic
allowance for housing under section 403 of
title 37''.
(4) Chapter 701 of title 36, United States Code,
relating to the Federal charter of the Fleet Reserve
Association, is amended in sections 70102(a) and
70108(a) by striking ``Delaware'' and inserting
``Pennsylvania''.
(5) Section 7426 of title 38, United States Code,
is amended by striking subsection (c).
(6) The item relating to chapter 112 in the table
of chapters at the beginning of subtitle II of title
46, United States Code, is amended by revising the
second and third words so that the initial letter of
each of those words is lower case.
(7) Section 405(f)(6)(B) of the Departments of
Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1999 (as contained
in section 101(f) of division A of Public Law 105-277;
112 Stat. 2681-430), is amended by striking ``Act of
title'' in the first quoted matter therein and
inserting ``Act or title''.
(8) Section 1403(c)(6) of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 922(c)(6)) is amended
by striking ``the'' before ``Assistant Secretary of
Defense''.
(9) Effective as of October 5, 1999, section 224 b.
of the Atomic Energy Act of 1954 (42 U.S.C. 2274(b)) is
amended by striking ``$500,000'' and inserting
``$50,000''.
(h) Coordination With Other Amendments.--For purposes of
applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as
having been enacted immediately before the other provisions of
this Act.

SEC. 1088. MAXIMUM SIZE OF PARCEL POST PACKAGES TRANSPORTED OVERSEAS
FOR ARMED FORCES POST OFFICES.

Section 3401(b) of title 39, United States Code, is amended
by striking ``100 inches in length and girth combined'' in
paragraphs (2) and (3) and inserting ``the maximum size allowed
by the Postal Service for fourth class parcel post (known as
`Standard Mail (B)')''.

SEC. 1089. SENSE OF CONGRESS REGARDING TAX TREATMENT OF MEMBERS
RECEIVING SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE
FIRE OR IMMINENT DANGER.

It is the sense of Congress that members of the Armed
Forces who receive special pay under section 310 of title 37,
United States Code, for duty subject to hostile fire or
imminent danger should receive the same treatment under Federal
income tax laws as members serving in combat zones.

SEC. 1090. ORGANIZATION AND MANAGEMENT OF CIVIL AIR PATROL.

(a) In General.--Chapter 909 of title 10, United States
Code, is amended to read as follows:

``CHAPTER 909--CIVIL AIR PATROL

``Sec.
``9441. Status as federally chartered corporation; purposes.
``9442. Status as volunteer civilian auxiliary of the Air Force.
``9443. Activities performed as federally chartered nonprofit
corporation.
``9444. Activities performed as auxiliary of the Air Force.
``9445. Funds appropriated for the Civil Air Patrol.
``9446. Miscellaneous personnel authorities.
``9447. Board of Governors.
``9448. Regulations.

``Sec. 9441. Status as federally chartered corporation; purposes

``(a) Status.--(1) The Civil Air Patrol is a nonprofit
corporation that is federally chartered under section 40301 of
title 36.
``(2) Except as provided in section 9442(b)(2) of this
title, the Civil Air Patrol is not an instrumentality of the
Federal Government for any purpose.
``(b) Purposes.--The purposes of the Civil Air Patrol are
set forth in section 40302 of title 36.

``Sec. 9442. Status as volunteer civilian auxiliary of the Air Force

``(a) Volunteer Civilian Auxiliary.--The Civil Air Patrol
is a volunteer civilian auxiliary of the Air Force when the
services of the Civil Air Patrol are used by any department or
agency in any branch of the Federal Government.
``(b) Use by Air Force.--(1) The Secretary of the Air Force
may use the services of the Civil Air Patrol to fulfill the
noncombat programs and missions of the Department of the Air
Force.
``(2) The Civil Air Patrol shall be deemed to be an
instrumentality of the United States with respect to any act or
omission of the Civil Air Patrol, including any member of the
Civil Air Patrol, in carrying out a mission assigned by the
Secretary of the Air Force.

``Sec. 9443. Activities performed as federally chartered nonprofit
corporation

``(a) Use of Federally Provided Resources.--In its status
as a federally chartered nonprofit corporation, the Civil Air
Patrol may use equipment, supplies, and other resources,
including aircraft, motor vehicles, computers, and
communications equipment, provided to the Civil Air Patrol by a
department or agency of the Federal Government or acquired by
or for the Civil Air Patrol with appropriated funds (or with
funds of the Civil Air Patrol, but reimbursed from appropriated
funds)--
``(1) to provide assistance requested by State or
local governmental authorities to perform disaster
relief missions and activities, other emergency
missions and activities, and nonemergency missions and
activities; and
``(2) to fulfill its other purposes set forth in
section 40302 of title 36.
``(b) Use Subject to Applicable Laws.--The use of
equipment, supplies, or other resources under subsection (a) is
subject to the laws and regulations that govern the use by
nonprofit corporations of federally provided assets or of
assets purchased with appropriated funds, as the case may be.
``(c) Authority Not Contingent on Reimbursement.--The
authority for the Civil Air Patrol to provide assistance under
subsection (a)(1) is not contingent on the Civil Air Patrol
being reimbursed for the cost of providing the assistance. If
the Civil Air Patrol elects to require reimbursement for the
provision of assistance under such subsection, the Civil Air
Patrol may establish the reimbursement rate at a rate less than
the rates charged by private sector sources for equivalent
services.
``(d) Liability Insurance.--The Secretary of the Air Force
may provide the Civil Air Patrol with funds for paying the cost
of liability insurance to cover missions and activities carried
out under this section.

``Sec. 9444. Activities performed as auxiliary of the Air Force

``(a) Air Force Support for Activities.--The Secretary of
the Air Force may furnish to the Civil Air Patrol in accordance
with this section any equipment, supplies, and other resources
that the Secretary determines necessary to enable the Civil Air
Patrol to fulfill the missions assigned by the Secretary to the
Civil Air Patrol as an auxiliary of the Air Force.
``(b) Forms of Air Force Support.--The Secretary of the Air
Force may, under subsection (a)--
``(1) give, lend, or sell to the Civil Air Patrol
without regard to the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.)--
``(A) major items of equipment (including
aircraft, motor vehicles, computers, and
communications equipment) that are excess to
the military departments; and
``(B) necessary related supplies and
training aids that are excess to the military
departments;
``(2) permit the use, with or without charge, of
services and facilities of the Air Force;
``(3) furnish supplies (including fuel, lubricants,
and other items required for vehicle and aircraft
operations) or provide funds for the acquisition of
supplies;
``(4) establish, maintain, and supply liaison
officers of the Air Force at the national, regional,
State, and territorial headquarters of the Civil Air
Patrol;
``(5) detail or assign any member of the Air Force
or any officer, employee, or contractor of the
Department of the Air Force to any liaison office at
the national, regional, State, or territorial
headquarters of the Civil Air Patrol;
``(6) detail any member of the Air Force or any
officer, employee, or contractor of the Department of
the Air Force to any unit or installation of the Civil
Air Patrol to assist in the training programs of the
Civil Air Patrol;
``(7) authorize the payment of travel expenses and
allowances, at rates not to exceed those paid to
employees of the United States under subchapter I of
chapter 57 of title 5, to members of the Civil Air
Patrol while the members are carrying out programs or
missions specifically assigned by the Air Force;
``(8) provide funds for the national headquarters
of the Civil Air Patrol, including--
``(A) funds for the payment of staff
compensation and benefits, administrative
expenses, travel, per diem and allowances,
rent, utilities, other operational expenses of
the national headquarters; and
``(B) to the extent considered necessary by
the Secretary of the Air Force to fulfill Air
Force requirements, funds for the payment of
compensation and benefits for key staff at
regional, State, or territorial headquarters;
``(9) authorize the payment of expenses of placing
into serviceable condition, improving, and maintaining
equipment (including aircraft, motor vehicles,
computers, and communications equipment) owned or
leased by the Civil Air Patrol;
``(10) provide funds for the lease or purchase of
items of equipment that the Secretary determines
necessary for the Civil Air Patrol;
``(11) support the Civil Air Patrol cadet program
by furnishing--
``(A) articles of the Air Force uniform to
cadets without cost; and
``(B) any other support that the Secretary
of the Air Force determines is consistent with
Air Force missions and objectives; and
``(12) provide support, including appropriated
funds, for the Civil Air Patrol aerospace education
program to the extent that the Secretary of the Air
Force determines appropriate for furthering the
fulfillment of Air Force missions and objectives.
``(c) Assistance by Other Agencies.--(1) The Secretary of
the Air Force may arrange for the use by the Civil Air Patrol
of such facilities and services under the jurisdiction of the
Secretary of the Army, the Secretary of the Navy, or the head
of any other department or agency of the United States as the
Secretary of the Air Force considers to be needed by the Civil
Air Patrol to carry out its mission.
``(2) An arrangement for use of facilities or services of a
military department or other department or agency under this
subsection shall be subject to the agreement of the Secretary
of the military department or head of the other department or
agency, as the case may be.
``(3) Each arrangement under this subsection shall be made
in accordance with regulations prescribed under section 9448 of
this title.

``Sec. 9445. Funds appropriated for the Civil Air Patrol

``Funds appropriated for the Civil Air Patrol shall be
available only for the exclusive use of the Civil Air Patrol.

``Sec. 9446. Miscellaneous personnel authorities

``(a) Use of Retired Air Force Personnel.--(1) Upon the
request of a person retired from service in the Air Force, the
Secretary of the Air Force may enter into a personal services
contract with that person providing for the person to serve as
an administrator or liaison officer for the Civil Air Patrol.
The qualifications of a person to provide the services shall be
determined and approved in accordance with regulations
prescribed under section 9448 of this title.
``(2) To the extent provided in a contract under paragraph
(1), a person providing services under the contract may accept
services on behalf of the Air Force.
``(3) A person, while providing services under a contract
authorized under paragraph (1), may not be considered to be on
active duty or inactive-duty training for any purpose.
``(b) Use of Civil Air Patrol Chaplains.--The Secretary of
the Air Force may use the services of Civil Air Patrol
chaplains in support of the Air Force active duty and reserve
component forces to the extent and under conditions that the
Secretary determines appropriate.

``Sec. 9447. Board of Governors

``(a) Governing Body.--The Board of Governors of the Civil
Air Patrol is the governing body of the Civil Air Patrol.
``(b) Composition.--The Board of Governors is composed of
11 members as follows:
``(1) Four members appointed by the Secretary of
the Air Force, who may be active or retired officers of
the Air Force (including reserve components of the Air
Force), employees of the United States, or private
citizens.
``(2) Four members of the Civil Air Patrol,
selected in accordance with the constitution and bylaws
of the Civil Air Patrol.
``(3) Three members appointed or selected as
provided in subsection (c) from among personnel of any
Federal Government agencies, public corporations,
nonprofit associations, and other organizations that
have an interest and expertise in civil aviation and
the Civil Air Patrol mission.
``(c) Appointments From Interested Organizations.--(1)
Subject to paragraph (2), the members of the Board of Governors
referred to in subsection (b)(3) shall be appointed jointly by
the Secretary of the Air Force and the National Commander of
the Civil Air Patrol.
``(2) Any vacancy in the position of a member referred to
in paragraph (1) that is not filled under that paragraph within
90 days shall be filled by majority vote of the other members
of the Board.
``(d) Chairman.--The Chairman of the Board of Governors
shall be chosen by the members of the Board of Governors from
among the members of the Board referred to in paragraphs (1)
and (2) of subsection (b) and shall serve for a term of two
years. The position of Chairman shall be held on a rotating
basis between members of the Board appointed by the Secretary
of the Air Force under paragraph (1) of subsection (b) and
members of the Board selected under paragraph (2) of that
subsection.
``(e) Powers.--(1) The Board of Governors shall, subject to
paragraphs (2) and (3), exercise the powers granted to the
Civil Air Patrol under section 40304 of title 36.
``(2) Any exercise by the Board of the power to amend the
constitution or bylaws of the Civil Air Patrol or to adopt a
new constitution or bylaws shall be subject to approval by a
majority of the members of the Board.
``(3) Neither the Board of Governors nor any other
component of the Civil Air Patrol may modify or terminate any
requirement or authority set forth in this section.
``(f) Personal Liability for Breach of a Fiduciary Duty.--
(1) Subject to paragraph (2), the Board of Governors may take
such action as is necessary to limit the personal liability of
a member of the Board of Governors to the Civil Air Patrol, or
to any of its members, for monetary damages for a breach of
fiduciary duty while serving as a member of the Board.
``(2) The Board may not limit the liability of a member of
the Board of Governors to the Civil Air Patrol, or to any of
its members, for monetary damages for any of the following:
``(A) A breach of the member's duty of loyalty to
the Civil Air Patrol or its members.
``(B) Any act or omission that is not in good faith
or that involves intentional misconduct or a knowing
violation of law.
``(C) Participation in any transaction from which
the member directly or indirectly derives an improper
personal benefit.
``(3) Nothing in this subsection shall be construed as
rendering section 207 or 208 of title 18 inapplicable in any
respect to a member of the Board of Governors who is a member
of the Air Force on active duty, an officer on a retired list
of the Air Force, or an employee of the United States.
``(g) Personal Liability for Breach of a Fiduciary Duty.--
(1) Except as provided in paragraph (2), no member of the Board
of Governors or officer of the Civil Air Patrol shall be
personally liable for damages for any injury or death or loss
or damage of property resulting from a tortious act or omission
of an employee or member of the Civil Air Patrol.
``(2) Paragraph (1) does not apply to a member of the Board
of Governors or officer of the Civil Air Patrol for a tortious
act or omission in which the member or officer, as the case may
be, was personally involved, whether in breach of a civil duty
or in commission of a criminal offense.
``(3) Nothing in this subsection shall be construed to
restrict the applicability of common law protections and rights
that a member of the Board of Governors or officer of the Civil
Air Patrol may have.
``(4) The protections provided under this subsection are in
addition to the protections provided under subsection (f).

``Sec. 9448. Regulations

``(a) Authority.--The Secretary of the Air Force shall
prescribe regulations for the administration of this chapter.
``(b) Required Regulations.--The regulations shall include
the following:
``(1) Regulations governing the conduct of the
activities of the Civil Air Patrol when it is
performing its duties as a volunteer civilian auxiliary
of the Air Force under section 9442 of this title.
``(2) Regulations for providing support by the Air
Force and for arranging assistance by other agencies
under section 9444 of this title.
``(3) Regulations governing the qualifications of
retired Air Force personnel to serve as an
administrator or liaison officer for the Civil Air
Patrol under a personal services contract entered into
under section 9446(a) of this title.
``(c) Approval by Secretary of Defense.--The regulations
required by subsection (b)(2) shall be subject to the approval
of the Secretary of Defense.''.
(b) Conforming Amendments.--(1) Section 40302 of title 36,
United States Code, is amended--
(A) by striking ``to--'' in the matter preceding
paragraph (1) and inserting ``as follows:'';
(B) by inserting ``To'' after the paragraph
designation in each of paragraphs (1), (2), (3), and
(4);
(C) by striking the semicolon at the end of
paragraphs (1)(B) and (2) and inserting a period;
(D) by striking ``; and'' at the end of paragraph
(3) and inserting a period; and
(E) by adding at the end the following:
``(5) To assist the Department of the Air Force in
fulfilling its noncombat programs and missions.''.
(2)(A) Section 40303 of such title is amended--
(i) by inserting ``(a) Membership.--'' before
``Eligibility''; and
(ii) by adding at the end the following:
``(b) Governing Body.--The Civil Air Patrol has a Board of
Governors. The composition and responsibilities of the Board of
Governors are set forth in section 9447 of title 10.''.
(B) The heading for such section is amended to read as
follows:

``Sec. 40303. Membership and governing body''.

(C) The item relating to such section in the table of
sections at the beginning of chapter 403 of title 36, United
States Code, is amended to read as follows:

``40303. Membership and governing body.''.

(c) Effective Date.--The amendments made by this section
shall take effect 120 days after the date of the enactment of
this Act.

SEC. 1091. ADDITIONAL DUTIES FOR COMMISSION TO ASSESS UNITED STATES
NATIONAL SECURITY SPACE MANAGEMENT AND
ORGANIZATION.

Section 1622(a) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 814; 10
U.S.C. 111 note) is amended by adding at the end the following
new paragraph:
``(6) The advisability of--
``(A) various actions to eliminate the de
facto requirement that specified officers in
the United States Space Command be flight rated
that results from the dual assignment of
officers to that command and to one or more
other commands in positions in which such
officers are expressly required to be flight
rated;
``(B) the establishment of a requirement
that, as a condition of the assignment of a
general or flag officer to the United States
Space Command, the officer have experience in
space, missile, or information operations that
was gained through either acquisition or
operational experience; and
``(C) rotating the command of the United
States Space Command among the Armed Forces.''.

SEC. 1092. COMMISSION ON THE FUTURE OF THE UNITED STATES AEROSPACE
INDUSTRY.

(a) Establishment.--There is established 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) Membership.--(1) The Commission shall be composed of 12
members appointed, not later than March 1, 2001, as follows:
(A) Up to six members shall be appointed by the
President.
(B) Two members shall be appointed by the Speaker
of the House of Representatives.
(C) Two members shall be appointed by the majority
leader of the Senate.
(D) One member shall be appointed by the minority
leader of the Senate.
(E) One member shall be appointed by the minority
leader of the House of Representatives.
(2) The members of the Commission shall be appointed from
among persons with extensive experience and national
reputations in aerospace manufacturing, economics, finance,
national security, international trade, or foreign policy and
persons who are representative of labor organizations
associated with the aerospace industry.
(3) Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the original
appointment.
(4) The President shall designate one member of the
Commission to serve as the chairman of the Commission.
(5) The Commission shall meet at the call of the chairman.
A majority of the members shall constitute a quorum, but a
lesser number may hold hearings.
(c) Duties.--(1) The Commission shall--
(A) study the issues associated with the future of
the United States aerospace industry in the global
economy, particularly in relationship to United States
national security; and
(B) assess the future importance of the domestic
aerospace industry for the economic and national
security of the United States.
(2) In order to fulfill its responsibilities, the
Commission shall study the following:
(A) The budget process of the United States
Government, particularly with a view to assessing the
adequacy of projected budgets of the federal
departments and agencies for aerospace research and
development and procurement.
(B) The acquisition process of the Government,
particularly with a view to assessing--
(i) the adequacy of the current acquisition
process of federal departments and agencies;
and
(ii) the procedures for developing and
fielding aerospace systems incorporating new
technologies in a timely fashion.
(C) The policies, procedures, and methods for the
financing and payment of government contracts.
(D) Statutes and regulations governing
international trade and the export of technology,
particularly with a view to assessing--
(i) the extent to which the current system
for controlling the export of aerospace goods,
services, and technologies reflects an adequate
balance between the need to protect national
security and the need to ensure unhindered
access to the global marketplace; and
(ii) the adequacy of United States and
multilateral trade laws and policies for
maintaining the international competitiveness
of the United States aerospace industry.
(E) Policies governing taxation, particularly with
a view to assessing the impact of current tax laws and
practices on the international competitiveness of the
aerospace industry.
(F) Programs for the maintenance of the national
space launch infrastructure, particularly with a view
to assessing the adequacy of current and projected
programs for maintaining the national space launch
infrastructure.
(G) Programs for the support of science and
engineering education, including current programs for
supporting aerospace science and engineering efforts at
institutions of higher learning, with a view to
determining the adequacy of those programs.
(d) Report.--(1) Not later than March 1, 2002, the
Commission shall submit a report on its activities to the
President and Congress.
(2) The report shall include the following:
(A) The Commission's findings and conclusions.
(B) The Commission's recommendations for actions by
federal departments and agencies to support the
maintenance of a robust aerospace industry in the
United States in the 21st century and any
recommendations for statutory and regulatory changes to
support the implementation of the Commission's
findings.
(C) A discussion of the appropriate means for
implementing the Commission's recommendations.
(e) Administrative Requirements and Authorities.--(1) The
Director of the Office of Management and Budget shall ensure
that the Commission is provided such administrative services,
facilities, staff, and other support services as may be
necessary. Any expenses of the Commission shall be paid from
funds available to the Director.
(2) The Commission may hold hearings, sit and act at times
and places, take testimony, and receive evidence that the
Commission considers advisable to carry out the purposes of
this section.
(3) The Commission may request directly from any department
or agency of the United States any information that the
Commission considers necessary to carry out the provisions of
this section. To the extent consistent with applicable
requirements of law and regulations, the head of such
department or agency shall furnish such information to the
Commission.
(4) 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.
(f) Commission Personnel Matters.--(1) Members of the
Commission shall serve without additional compensation for
their service on the Commission, except that members appointed
from among private citizens may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by law
for persons serving intermittently in government service under
subchapter I of chapter 57 of title 5, United States Code,
while away from their homes and places of business in the
performance of services for the Commission.
(2) The chairman of the Commission may appoint staff of the
Commission, request the detail of Federal employees, and accept
temporary and intermittent services in accordance with section
3161 of title 5, United States Code (as added by section 1101
of this Act).
(g) Termination.--The Commission shall terminate 30 days
after the date of the submission of its report under subsection
(d).

SEC. 1093. DRUG ADDICTION TREATMENT.

(a) In General.--Section 303(g) of the Controlled
Substances Act (21 U.S.C. 823(g)) is amended--
(1) in paragraph (2), by striking ``(A) security''
and inserting ``(i) security'', and by striking ``(B)
the maintenance'' and inserting ``(ii) the
maintenance'';
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by inserting ``(1)'' after ``(g)'';
(4) by striking ``Practitioners who dispense'' and
inserting ``Except as provided in paragraph (2),
practitioners who dispense''; and
(5) by adding at the end the following paragraph:
``(2)(A) Subject to subparagraphs (D) and (J), the
requirements of paragraph (1) are waived in the case of the
dispensing (including the prescribing), by a practitioner, of
narcotic drugs in schedule III, IV, or V or combinations of
such drugs if the practitioner meets the conditions specified
in subparagraph (B) and the narcotic drugs or combinations of
such drugs meet the conditions specified in subparagraph (C).
``(B) For purposes of subparagraph (A), the conditions
specified in this subparagraph with respect to a practitioner
are that, before the initial dispensing of narcotic drugs in
schedule III, IV, or V or combinations of such drugs to
patients for maintenance or detoxification treatment, the
practitioner submit to the Secretary a notification of the
intent of the practitioner to begin dispensing the drugs or
combinations for such purpose, and that the notification
contain the following certifications by the practitioner:
``(i) The practitioner is a qualifying physician
(as defined in subparagraph (G)).
``(ii) With respect to patients to whom the
practitioner will provide such drugs or combinations of
drugs, the practitioner has the capacity to refer the
patients for appropriate counseling and other
appropriate ancillary services.
``(iii) In any case in which the practitioner is
not in a group practice, the total number of such
patients of the practitioner at any one time will not
exceed the applicable number. For purposes of this
clause, the applicable number is 30, except that the
Secretary may by regulation change such total number.
``(iv) In any case in which the practitioner is in
a group practice, the total number of such patients of
the group practice at any one time will not exceed the
applicable number. For purposes of this clause, the
applicable number is 30, except that the Secretary may
by regulation change such total number, and the
Secretary for such purposes may by regulation establish
different categories on the basis of the number of
practitioners in a group practice and establish for the
various categories different numerical limitations on
the number of such patients that the group practice may
have.
``(C) For purposes of subparagraph (A), the conditions
specified in this subparagraph with respect to narcotic drugs
in schedule III, IV, or V or combinations of such drugs are as
follows:
``(i) The drugs or combinations of drugs have,
under the Federal Food, Drug, and Cosmetic Act or
section 351 of the Public Health Service Act, been
approved for use in maintenance or detoxification
treatment.
``(ii) The drugs or combinations of drugs have not
been the subject of an adverse determination. For
purposes of this clause, an adverse determination is a
determination published in the Federal Register and
made by the Secretary, after consultation with the
Attorney General, that the use of the drugs or
combinations of drugs for maintenance or detoxification
treatment requires additional standards respecting the
qualifications of practitioners to provide such
treatment, or requires standards respecting the quantities of the drugs
that may be provided for unsupervised use.
``(D)(i) A waiver under subparagraph (A) with respect to a
practitioner is not in effect unless (in addition to conditions
under subparagraphs (B) and (C)) the following conditions are
met:
``(I) The notification under subparagraph (B) is in
writing and states the name of the practitioner.
``(II) The notification identifies the registration
issued for the practitioner pursuant to subsection (f).
``(III) If the practitioner is a member of a group
practice, the notification states the names of the
other practitioners in the practice and identifies the
registrations issued for the other practitioners
pursuant to subsection (f).
``(ii) Upon receiving a notification under subparagraph
(B), the Attorney General shall assign the practitioner
involved an identification number under this paragraph for
inclusion with the registration issued for the practitioner
pursuant to subsection (f). The identification number so
assigned shall be appropriate to preserve the confidentiality
of patients for whom the practitioner has dispensed narcotic
drugs under a waiver under subparagraph (A).
``(iii) Not later than 45 days after the date on which the
Secretary receives a notification under subparagraph (B), the
Secretary shall make a determination of whether the
practitioner involved meets all requirements for a waiver under
subparagraph (B). If the Secretary fails to make such
determination by the end of the such 45-day period, the
Attorney General shall assign the physician an identification
number described in clause (ii) at the end of such period.
``(E)(i) If a practitioner is not registered under
paragraph (1) and, in violation of the conditions specified in
subparagraphs (B) through (D), dispenses narcotic drugs in
schedule III, IV, or V or combinations of such drugs for
maintenance treatment or detoxification treatment, the Attorney
General may, for purposes of section 304(a)(4), consider the
practitioner to have committed an act that renders the
registration of the practitioner pursuant to subsection (f) to
be inconsistent with the public interest.
``(ii)(I) Upon the expiration of 45 days from the date on
which the Secretary receives a notification under subparagraph
(B), a practitioner who in good faith submits a notification
under subparagraph (B) and reasonably believes that the
conditions specified in subparagraphs (B) through (D) have been
met shall, in dispensing narcotic drugs in schedule III, IV, or
V or combinations of such drugs for maintenance treatment or
detoxification treatment, be considered to have a waiver under
subparagraph (A) until notified otherwise by the Secretary,
except that such a practitioner may commence to prescribe or
dispense such narcotic drugs for such purposes prior to the
expiration of such 45-day period if it facilitates the
treatment of an individual patient and both the Secretary and
the Attorney General are notified by the practitioner of the
intent to commence prescribing or dispensing such narcotic
drugs.
``(II) For purposes of subclause (I), the publication in
the Federal Register of an adverse determination by the
Secretary pursuant to subparagraph (C)(ii) shall (with respect
to the narcotic drug or combination involved) be considered to
be a notification provided by the Secretary to practitioners,
effective upon the expiration of the 30-day period beginning on
the date on which the adverse determination is so published.
``(F)(i) With respect to the dispensing of narcotic drugs
in schedule III, IV, or V or combinations of such drugs to
patients for maintenance or detoxification treatment, a
practitioner may, in his or her discretion, dispense such drugs
or combinations for such treatment under a registration under
paragraph (1) or a waiver under subparagraph (A) (subject to
meeting the applicable conditions).
``(ii) This paragraph may not be construed as having any
legal effect on the conditions for obtaining a registration
under paragraph (1), including with respect to the number of
patients who may be served under such a registration.
``(G) For purposes of this paragraph:
``(i) The term `group practice' has the meaning
given such term in section 1877(h)(4) of the Social
Security Act.
``(ii) The term `qualifying physician' means a
physician who is licensed under State law and who meets
one or more of the following conditions:
``(I) The physician holds a subspecialty
board certification in addiction psychiatry
from the American Board of Medical Specialties.
``(II) The physician holds an addiction
certification from the American Society of
Addiction Medicine.
``(III) The physician holds a subspecialty
board certification in addiction medicine from
the American Osteopathic Association.
``(IV) The physician has, with respect to
the treatment and management of opiate-
dependent patients, completed not less than
eight hours of training (through classroom
situations, seminars at professional society
meetings, electronic communications, or
otherwise) that is provided by the American
Society of Addiction Medicine, the American
Academy of Addiction Psychiatry, the American
Medical Association, the American Osteopathic
Association, the American Psychiatric
Association, or any other organization that the
Secretary determines is appropriate for
purposes of this subclause.
``(V) The physician has participated as an
investigator in one or more clinical trials
leading to the approval of a narcotic drug in
schedule III, IV, or V for maintenance or
detoxification treatment, as demonstrated by a
statement submitted to the Secretary by the
sponsor of such approved drug.
``(VI) The physician has such other
training or experience as the State medical
licensing board (of the State in which the
physician will provide maintenance or
detoxification treatment) considers to
demonstrate the ability of the physician to
treat and manage opiate-dependent patients.
``(VII) The physician has such other
training or experience as the Secretary
considers to demonstrate the ability of the
physician to treat and manage opiate-dependent
patients. Any criteria of the Secretary under
this subclause shall be established by
regulation. Any such criteria are effective
only for 3 years after the date on which the
criteria are promulgated, but may be extended
for such additional discrete 3-year periods as
the Secretary considers appropriate for
purposes of this subclause. Such an extension
of criteria may only be effectuated through a
statement published in the Federal Register by
the Secretary during the 30-day period
preceding the end of the 3-year period
involved.
``(H)(i) In consultation with the Administrator of the Drug
Enforcement Administration, the Administrator of the Substance
Abuse and Mental Health Services Administration, the Director
of the National Institute on Drug Abuse, and the Commissioner
of Food and Drugs, the Secretary shall issue regulations
(through notice and comment rulemaking) or issue practice
guidelines to address the following:
``(I) Approval of additional credentialing bodies
and the responsibilities of additional credentialing
bodies.
``(II) Additional exemptions from the requirements
of this paragraph and any regulations under this
paragraph.
Nothing in such regulations or practice guidelines may
authorize any Federal official or employee to exercise
supervision or control over the practice of medicine or the
manner in which medical services are provided.
``(ii) Not later than 120 days after the date of the
enactment of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001, the Secretary shall issue a treatment
improvement protocol containing best practice guidelines for
the treatment and maintenance of opiate-dependent patients. The
Secretary shall develop the protocol in consultation with the
Director of the National Institute on Drug Abuse, the
Administrator of the Drug Enforcement Administration, the
Commissioner of Food and Drugs, the Administrator of the
Substance Abuse and Mental Health Services Administration, and
other substance abuse disorder professionals. The protocol
shall be guided by science.
``(I) During the 3-year period beginning on the date of the
enactment of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001, a State may not preclude a
practitioner from dispensing or prescribing drugs in schedule
III, IV, or V, or combinations of such drugs, to patients for
maintenance or detoxification treatment in accordance with this
paragraph unless, before the expiration of that 3-year period,
the State enacts a law prohibiting a practitioner from
dispensing such drugs or combinations of drug.
``(J)(i) This paragraph takes effect on the date of the
enactment of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001, and remains in effect thereafter
except as provided in clause (iii) (relating to a decision by
the Secretary or the Attorney General that this paragraph
should not remain in effect).
``(ii) For purposes relating to clause (iii), the Secretary
and the Attorney General may, during the 3-year period
beginning on the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001, make
determinations in accordance with the following:
``(I) The Secretary may make a determination of
whether treatments provided under waivers under
subparagraph (A) have been effective forms of
maintenance treatment and detoxification treatment in
clinical settings; may make a determination of whether
such waivers have significantly increased (relative to
the beginning of such period) the availability of
maintenance treatment and detoxification treatment; and
may make a determination of whether such waivers have
adverse consequences for the public health.
``(II) The Attorney General may make a
determination of the extent to which there have been
violations of the numerical limitations established
under subparagraph (B) for the number of individuals to
whom a practitioner may provide treatment; may make a
determination of whether waivers under subparagraph (A)
have increased (relative to the beginning of such
period) the extent to which narcotic drugs in schedule
III, IV, or V or combinations of such drugs are being
dispensed or possessed in violation of this Act; and
may make a determination of whether such waivers have
adverse consequences for the public health.
``(iii) If, before the expiration of the period specified
in clause (ii), the Secretary or the Attorney General publishes
in the Federal Register a decision, made on the basis of
determinations under such clause, that this paragraph should
not remain in effect, this paragraph ceases to be in effect 60
days after the date on which the decision is so published. The
Secretary shall in making any such decision consult with the
Attorney General, and shall in publishing the decision in the
Federal Register include any comments received from the
Attorney General for inclusion in the publication. The Attorney
General shall in making any such decision consult with the
Secretary, and shall in publishing the decision in the Federal
Register include any comments received from the Secretary for
inclusion in the publication.''.
(b) Conforming Amendments.--Section 304 of the Controlled
Substances Act (21 U.S.C. 824) is amended--
(1) in subsection (a), in the matter after and
below paragraph (5), by striking ``section 303(g)''
each place such term appears and inserting ``section
303(g)(1)''; and
(2) in subsection (d), by striking ``section
303(g)'' and inserting ``section 303(g)(1)''.
(c) Additional Authorization of Appropriations.--For the
purpose of assisting the Secretary of Health and Human Services
with the additional duties established for the Secretary
pursuant to the amendments made by this section, there are
authorized to be appropriated, in addition to other
authorizations of appropriations that are available for such
purpose, such sums as may be necessary for each of fiscal years
2001 through 2003.
(d) Coordination of Provisions.--(1) If the Drug Addiction
Treatment Act of 2000 is enacted before this Act, the
provisions of this section shall not take effect.
(2) If the Drug Addiction Treatment Act of 2000 is enacted
after this Act, the amendments made by this section shall be
deemed for all purposes to have been made by section 3502 of
that Act and this section shall cease to be in effect as of
that enactment.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

Subtitle A--Civilian Personnel Management Generally

Subtitle B--Demonstration and Pilot Programs

Subtitle C--Educational Assistance

Subtitle D--Other Benefits

Subtitle E--Intelligence Civilian Personnel

Sec. 1141. Expansion of defense civilian intelligence personnel system
positions.
Sec. 1142. Increase in number of positions authorized for the Defense
Intelligence Senior Executive Service.

Subtitle F--Voluntary Separation Incentive Pay and Early Retirement
Authority

Subtitle A--Civilian Personnel Management Generally

SEC. 1101. EMPLOYMENT AND COMPENSATION OF EMPLOYEES FOR TEMPORARY
ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE
ORDER.

(a) In General.--Chapter 31 of title 5, United States Code,
is amended by adding at the end the following new subchapter:

``SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR
EXECUTIVE ORDER

``Sec. 3161. Employment and compensation of employees

``(a) Definition of Temporary Organization.--For the
purposes of this subchapter, the term `temporary organization'
means a commission, committee, board, or other organization
that--
``(1) is established by law or Executive order for
a specific period not in excess of three years for the
purpose of performing a specific study or other
project; and
``(2) is terminated upon the completion of the
study or project or upon the occurrence of a condition
related to the completion of the study or project.
``(b) Employment Authority.--(1) Notwithstanding the
provisions of chapter 51 of this title, the head of a temporary
organization may appoint persons to positions of employment in
a temporary organization in such numbers and with such skills
as are necessary for the performance of the functions required
of a temporary organization.
``(2) The period of an appointment under paragraph (1) may
not exceed three years, except that under regulations
prescribed by the Office of Personnel Management the period of
appointment may be extended for up to an additional two years.
``(3) The positions of employment in a temporary
organization are in the excepted service of the civil service.
``(c) Detail Authority.--Upon the request of the head of a
temporary organization, the head of any department or agency of
the Government may detail, on a nonreimbursable basis, any
personnel of the department or agency to that organization to
assist in carrying out its duties.
``(d) Compensation.--(1) The rate of basic pay for an
employee appointed under subsection (b) shall be established
under regulations prescribed by the Office of Personnel
Management without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of this title.
``(2) The rate of basic pay for the chairman, a member, an
executive director, a staff director, or another executive
level position of a temporary organization may not exceed the
maximum rate of basic pay established for the Senior Executive
Service under section 5382 of this title.
``(3) Except as provided in paragraph (4), the rate of
basic pay for other positions in a temporary organization may
not exceed the maximum rate of basic pay for grade GS-15 of the
General Schedule under section 5332 of this title.
``(4) The rate of basic pay for a senior staff position of
a temporary organization may, in a case determined by the head
of the temporary organization as exceptional, exceed the
maximum rate of basic pay authorized under paragraph (3), but
may not exceed the maximum rate of basic pay authorized for an
executive level position under paragraph (2).
``(5) In this subsection, the term `basic pay' includes
locality pay provided for under section 5304 of this title.
``(e) Travel Expenses.--An employee of a temporary
organization, whether employed on a full-time or part-time
basis, may be allowed travel and transportation expenses,
including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of
this title, while traveling away from the employee's regular
place of business in the performance of services for the
temporary organization.
``(f) Benefits.--An employee appointed under subsection (b)
shall be afforded the same benefits and entitlements as are
provided temporary employees under this title.
``(g) Return Rights.--An employee serving under a career or
career conditional appointment or the equivalent in an agency
who transfers to or converts to an appointment in a temporary
organization with the consent of the head of the agency is
entitled to be returned to the employee's former position or a
position of like seniority, status, and pay without grade or
pay retention in the agency if the employee--
``(1) is being separated from the temporary
organization for reasons other than misconduct, neglect
of duty, or malfeasance; and
``(2) applies for return not later than 30 days
before the earlier of--
``(A) the date of the termination of the
employment in the temporary organization; or
``(B) the date of the termination of the
temporary organization.
``(h) Temporary and Intermittent Services.--The head of a
temporary organization may procure for the organization
temporary and intermittent services under section 3109(b) of
this title.
``(i) Acceptance of Volunteer Services.--(1) The head of a
temporary organization may accept volunteer services
appropriate to the duties of the organization without regard to
section 1342 of title 31.
``(2) Donors of voluntary services accepted for a temporary
organization under this subsection may include the following:
``(A) Advisors.
``(B) Experts.
``(C) Members of the commission, committee, board,
or other temporary organization, as the case may be.
``(D) A person performing services in any other
capacity determined appropriate by the head of the
temporary organization.
``(3) The head of the temporary organization--
``(A) shall ensure that each person performing
voluntary services accepted under this subsection is
notified of the scope of the voluntary services
accepted;
``(B) shall supervise the volunteer to the same
extent as employees receiving compensation for similar
services; and
``(C) shall ensure that the volunteer has
appropriate credentials or is otherwise qualified to
perform in each capacity for which the volunteer's
services are accepted.
``(4) A person providing volunteer services accepted under
this subsection shall be considered an employee of the Federal
Government in the performance of those services for the
purposes of the following provisions of law:
``(A) Chapter 81 of this title, relating to
compensation for work-related injuries.
``(B) Chapter 171 of title 28, relating to tort
claims.
``(C) Chapter 11 of title 18, relating to conflicts
of interest.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:

``SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE
ORDER

``Sec.
``3161. Employment and compensation of employees.''.

SEC. 1102. ASSISTIVE TECHNOLOGY ACCOMMODATIONS PROGRAM.

(a) Authority To Provide Technology, Devices, and
Services.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1581 the following new
section:

``Sec. 1582. Assistive technology, assistive technology devices, and
assistive technology services

``(a) Authority.--The Secretary of Defense may provide
assistive technology, assistive technology devices, and
assistive technology services to the following:
``(1) Department of Defense employees with
disabilities.
``(2) Organizations within the Department that have
requirements to make programs or facilities accessible
to, and usable by, persons with disabilities.
``(3) Any other department or agency of the Federal
Government, upon the request of the head of that
department or agency, for its employees with
disabilities or for satisfying a requirement to make
its programs or facilities accessible to, and usable
by, persons with disabilities.
``(b) Definitions.--In this section, the terms `assistive
technology', `assistive technology device', `assistive
technology service', and `disability' have the meanings given
those terms in section 3 of the Assistive Technology Act of
1998 (29 U.S.C. 3002).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1581 the following new item:

``1582. Assistive technology, assistive technology devices, and
assistive technology services.''.

SEC. 1103. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS IN
REDUCTIONS IN FORCE.

Section 3502(f)(5) of title 5, United States Code, is
amended by striking ``September 30, 2001'' and inserting
``September 30, 2005''.

SEC. 1104. ELECTRONIC MAINTENANCE OF PERFORMANCE APPRAISAL SYSTEMS.

Section 4302 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(c) In accordance with regulations which the Office shall
prescribe, the head of an agency may administer and maintain a
performance appraisal system electronically.''.

SEC. 1105. STUDY ON CIVILIAN PERSONNEL SERVICES.

(a) Study Required.--The Secretary of Defense shall assess
the manner in which personnel services are provided for
civilian personnel in the Department of Defense and determine
whether--
(1) administration of such services should continue
to be centralized in individual military services and
Defense Agencies or whether such services should be
centralized within designated geographical areas to
provide services to all Department of Defense elements;
(2) offices that perform such services should be
established to perform specific functions rather than
cover an established geographical area;
(3) processes and functions of civilian personnel
offices should be reengineered to provide greater
efficiency and better service to management and
employees of the Department of Defense; and
(4) efficiencies could be gained by public-private
competition of the delivery of any of the personnel
services for civilian personnel of the Department of
Defense.
(b) Report.--Not later than January 1, 2002, the Secretary
of Defense shall submit a report on the study, including
recommendations, to the Committees on Armed Services of the
Senate and the House of Representatives. The report shall
include the Secretary's assessment of the items described in
subsection (a), and, if appropriate, a proposal for a
demonstration program to test the concepts developed under the
study. The Secretary may also include any recommendations for
legislation or other actions that the Secretary considers
appropriate to increase the effectiveness and efficiency of the
delivery of personnel services with respect to civilian
personnel of the Department of Defense.

Subtitle B--Demonstration and Pilot Programs

SEC. 1111. PILOT PROGRAM FOR REENGINEERING THE EQUAL EMPLOYMENT
OPPORTUNITY COMPLAINT PROCESS.

(a) Pilot Program.--(1) The Secretary of Defense shall
carry out a pilot program to improve processes for the
resolution of equal employment opportunity complaints by
civilian employees of the Department of Defense. Complaints
processed under the pilot program shall be subject to the
procedural requirements established for the pilot program and
shall not be subject to the procedural requirements of part
1614 of title 29 of the Code of Federal Regulations or other
regulations, directives, or regulatory restrictions prescribed
by the Equal Employment Opportunity Commission.
(2) The pilot program shall include procedures to reduce
processing time and eliminate redundancy with respect to
processes for the resolution of equal employment opportunity
complaints, reinforce local management and chain-of-command
accountability, and provide the parties involved with early
opportunity for resolution.
(3) The Secretary may carry out the pilot program for a
period of three years, beginning on January 1, 2001.
(4)(A) Participation in the pilot program shall be
voluntary on the part of the complainant. Complainants who
participate in the pilot program shall retain the right to
appeal a final agency decision to the Equal Employment
Opportunity Commission and to file suit in district court. The
Equal Employment Opportunity Commission shall not reverse a
final agency decision on the grounds that the agency did not
comply with the regulatory requirements promulgated by the
Commission.
(B) Subparagraph (A) shall apply to all cases--
(i) pending as of January 1, 2001, before the Equal
Employment Opportunity Commission involving a civilian
employee who filed a complaint under the pilot program
of the Department of the Navy to improve processes for
the resolution of equal employment opportunity
complaints; and
(ii) hereinafter filed with the Commission under
the pilot program established by this section.
(5) The pilot program shall be carried out in at least one
military department and two Defense Agencies.
(b) Report.--Not later than 90 days following the end of
the first and last full or partial fiscal years during which
the pilot program is implemented, the Comptroller General shall
submit to Congress a report on the pilot program. Such report
shall contain the following:
(1) A description of the processes tested by the
pilot program.
(2) The results of such testing.
(3) Recommendations for changes to the processes
for the resolution of equal employment opportunity
complaints as a result of such pilot program.
(4) A comparison of the processes used, and results
obtained, under the pilot program to traditional and
alternative dispute resolution processes used in the
government or private industry.

SEC. 1112. WORK SAFETY DEMONSTRATION PROGRAM.

(a) Establishment.--The Secretary of Defense shall carry
out a defense employees work safety demonstration program.
(b) Private Sector Work Safety Models.--Under the
demonstration program, the Secretary shall--
(1) adopt for use in the workplace of civilian
employees of the Department of Defense such work safety
models used by employers in the private sector that the
Secretary considers as being representative of the best
work safety practices in use by private sector
employers; and
(2) determine whether the use of those practices in
the Department of Defense improves the work safety
record of Department of Defense employees.
(c) Sites.--(1) The Secretary shall carry out the
demonstration program--
(A) at not fewer than two installations of each of
the Armed Forces (other than the Coast Guard), for
employees of the military department concerned; and
(B) in at least two Defense Agencies (as defined in
section 101(a)(11) of title 10, United States Code).
(2) The Secretary shall select the installations and
Defense Agencies from among the installations and Defense
Agencies listed in the Federal Worker 2000 Presidential
Initiative.
(d) Period for Program.--The demonstration program shall
begin not later than 180 days after the date of the enactment
of this Act and shall terminate on September 30, 2002.
(e) Reports.--(1) The Secretary of Defense shall submit an
interim report on the demonstration program to the Committees
on Armed Services of the Senate and the House of
Representatives not later than December 1, 2001. The interim
report shall contain, at a minimum, for each site of the
demonstration program the following:
(A) A baseline assessment of the lost workday
injury rate.
(B) A comparison of the lost workday injury rate
for fiscal year 2000 with the lost workday injury rate
for fiscal year 1999.
(C) The direct and indirect costs associated with
all lost workday injuries.
(2) The Secretary of Defense shall submit a final report on
the demonstration program to the Committees on Armed Services
of the Senate and the House of Representatives not later than
December 1, 2002. The final report shall contain, at a minimum,
for each site of the demonstration program the following:
(A) The Secretary's determination on the issue
described in subsection (b)(2).
(B) A comparison of the lost workday injury rate
under the program with the baseline assessment of the
lost workday injury rate.
(C) The lost workday injury rate for fiscal year
2002.
(D) A comparison of the direct and indirect costs
associated with all lost workday injuries for fiscal
year 2002 with the direct and indirect costs associated
with all lost workday injuries for fiscal year 2001.
(f) Funding.--Of the amount authorized to be appropriated
under section 301(5), $5,000,000 shall be available for the
demonstration program under this section.

SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY FOR
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND
TECHNICAL PERSONNEL.

(a) Extension of Program.--Section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2139; 5 U.S.C. 3104 note)
is amended--
(1) in subsection (a), by striking ``the 5-year
period beginning on the date of the enactment of this
Act'' and inserting ``the program period specified in
subsection (e)(1)'';
(2) in subsection (e), by striking paragraph (1)
and inserting the following:

``(1) The period for carrying out the program authorized under
this section begins on October 17, 1998, and ends on October
16, 2005.''; and
(3) in subsection (f), by striking ``on the day
before the termination of the program'' and inserting
``on the last day of the program period specified in
subsection (e)(1)''.
(b) Expansion of Scope.--Subsection (a) of such section, as
amended by subsection (a)(1) of this section, is further
amended by inserting before the period at the end the
following: ``and research and development projects administered
by laboratories designated for the program by the Secretary
from among the laboratories of each of the military
departments''.
(c) Limitation on Number of Appointments.--Subsection
(b)(1) of such section is amended to read as follows:
``(1) without regard to any provision of title 5,
United States Code, governing the appointment of
employees in the civil service, appoint scientists and
engineers from outside the civil service and uniformed
services (as such terms are defined in section 2101 of
such title) to--
``(A) not more than 40 scientific and
engineering positions in the Defense Advanced
Research Projects Agency;
``(B) not more than 40 scientific and
engineering positions in the designated
laboratories of each of the military services;
and
``(C) not more than a total of 10
scientific and engineering positions in the
National Imagery and Mapping Agency and the
National Security Agency;''.
(d) Rates of Pay for Appointees.--Subsection (b)(2) of such
section is amended by inserting after ``United States Code,''
the following: ``as increased by locality-based comparability
payments under section 5304 of such title,''.
(e) Commensurate Extension of Requirement for Annual
Report.--Subsection (g) of such section is amended by striking
``2004'' and inserting ``2006''.
(f) Amendment of Section Heading.--The heading for such
section is amended to read as follows:

``SEC. 1101. EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND
TECHNICAL PERSONNEL.''.

SEC. 1114. CLARIFICATION OF PERSONNEL MANAGEMENT AUTHORITY UNDER
PERSONNEL DEMONSTRATION PROJECT.

(a) Elimination of Requirement for OPM Review and
Approval.--Section 342 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721)
is amended--
(1) in subsection (b)(1), by striking ``, with the
approval of the Director of the Office of Personnel
Management,''; and
(2) in subsection (b)(3)--
(A) by striking ``and'' at the end of
subparagraph (A);
(B) by striking ``section 4703.'' and
inserting ``section 4703; and'' at the end of
subparagraph (B); and
(C) by inserting at the end the following
new subparagraph (C):
``(C) the Secretary shall exercise the
authorities granted to the Office of Personnel
Management under such section 4703.''.
(b) Increase in Level of Authorized Pay.--Section 342(b) of
such Act is further amended by adding at the end the following
new paragraph:
``(5) The limitations in section 5373 of title 5, United
States Code, do not apply to the authority of the Secretary
under this section to prescribe salary schedules and other
related benefits.''.

Subtitle C--Educational Assistance

SEC. 1121. RESTRUCTURING THE RESTRICTION ON DEGREE TRAINING.

Section 4107 of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``subsection
(b)'' and inserting ``subsections (b) and (c)'';
(2) in subsection (b)(1), by striking ``subsection
(a)'' and inserting ``subsection (a) or (c)''; and
(3) by adding at the end the following new
subsection:
``(c) With respect to an employee of the Department of
Defense--
``(1) this chapter does not authorize, except as
provided in subsection (b) of this section, the
selection and assignment of the employee for training,
or the payment or reimbursement of the costs of
training, for--
``(A) the purpose of providing an
opportunity to the employee to obtain an
academic degree in order to qualify for
appointment to a particular position for which
the academic degree is a basic requirement; or
``(B) the sole purpose of providing an
opportunity to the employee to obtain one or
more academic degrees, unless such opportunity
is part of a planned, systematic, and
coordinated program of professional development
endorsed by the Department of Defense; and
``(2) any course of post-secondary education
delivered through classroom, electronic, or other means
shall be administered or conducted by an institution
recognized under standards implemented by a national or
regional accrediting body, except in a case in which
such standards do not exist or the use of such
standards would not be appropriate.''.

SEC. 1122. STUDENT LOAN REPAYMENT PROGRAMS.

(a) Covered Student Loans.--Section 5379(a)(1)(B) of title
5, United States Code, is amended--
(1) in clause (i), by inserting ``(20 U.S.C. 1071
et seq.)'' before the semicolon;
(2) in clause (ii), by striking ``part E of title
IV of the Higher Education Act of 1965'' and inserting
``part D or E of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087a et seq., 1087aa et seq.)'';
and
(3) in clause (iii), by striking ``part C of title
VII of Public Health Service Act or under part B of
title VIII of such Act'' and inserting ``part A of
title VII of the Public Health Service Act (42 U.S.C.
292 et seq.) or under part E of title VIII of such Act
(42 U.S.C. 297a et seq.)''.
(b) Personnel Covered.--(1) Section 5379(a)(2) of title 5,
United States Code, is amended to read as follows:
``(2) An employee shall be ineligible for benefits under
this section if the employee occupies a position that is
excepted from the competitive service because of its
confidential, policy-determining, policy-making, or policy-
advocating character.''.
(2) Section 5379(b)(1) of title 5, United States Code, is
amended by striking ``professional, technical, or
administrative''.
(c) Regulations.--(1) Not later than 60 days after the date
of enactment of this Act, the Director of the Office of
Personnel Management shall issue proposed regulations under
section 5379(g) of title 5, United States Code. The Director
shall provide for a period of not less than 60 days for public
comment on the regulations.
(2) Not later than 240 days after the date of enactment of
this Act, the Director shall issue final regulations.
(d) Annual Reports.--Section 5379 of title 5, United States
Code, is amended by adding at the end the following:
``(h)(1) Each head of an agency shall maintain, and
annually submit to the Director of the Office of Personnel
Management, information with respect to the agency on--
``(A) the number of Federal employees selected to
receive benefits under this section;
``(B) the job classifications for the recipients;
and
``(C) the cost to the Federal Government of
providing the benefits.
``(2) The Director of the Office of Personnel Management
shall prepare, and annually submit to Congress, a report
containing the information submitted under paragraph (1), and
information identifying the agencies that have provided
benefits under this section.''.

SEC. 1123. EXTENSION OF AUTHORITY FOR TUITION REIMBURSEMENT AND
TRAINING FOR CIVILIAN EMPLOYEES IN THE DEFENSE
ACQUISITION WORKFORCE.

Section 1745(a)(2) of title 10, United States Code, is
amended by striking ``September 30, 2001'' and inserting
``September 30, 2010''.

Subtitle D--Other Benefits

SEC. 1131. ADDITIONAL SPECIAL PAY FOR FOREIGN LANGUAGE PROFICIENCY
BENEFICIAL FOR UNITED STATES NATIONAL SECURITY
INTERESTS.

(a) In General.--Chapter 81 of title 10, United States
Code, is amended by inserting after section 1596 the following
new section:

``Sec. 1596a. Foreign language proficiency: special pay for proficiency
beneficial for other national security interests

``(a) Authority.--The Secretary of Defense may pay special
pay under this section to an employee of the Department of
Defense who--
``(1) has been certified by the Secretary to be
proficient in a foreign language identified by the
Secretary as being a language in which proficiency by
civilian personnel of the Department is necessary
because of national security interests;
``(2) is assigned duties requiring proficiency in
that foreign language during a contingency operation
supported by the armed forces; and
``(3) is not receiving special pay under section
1596 of this title.
``(b) Rate.--The rate of special pay for an employee under
this section shall be prescribed by the Secretary, but may not
exceed five percent of the employee's rate of basic pay.
``(c) Relationship to Other Pay and Allowances.--Special
pay under this section is in addition to any other pay or
allowances to which the employee is entitled.
``(d) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out this section.''.
(b) Amendment To Distinguish Other Foreign Language
Proficiency Special Pay.--The heading for section 1596 of title
10, United States Code, is amended to read as follows:

``Sec. 1596. Foreign language proficiency: special pay for proficiency
beneficial for intelligence interests''.

(c) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by striking
the item relating to section 1596 and inserting the following
new items:

``1596. Foreign language proficiency: special pay for proficiency
beneficial for intelligence interests.
``1596a. Foreign language proficiency: special pay for proficiency
beneficial for other national security interests.''.

SEC. 1132. APPROVAL AUTHORITY FOR CASH AWARDS IN EXCESS OF $10,000.

Section 4502 of title 5, United States Code, is amended by
adding at the end the following:
``(f) The Secretary of Defense may grant a cash award under
subsection (b) of this section without regard to the
requirements for certification and approval provided in that
subsection.''.

SEC. 1133. LEAVE FOR CREWS OF CERTAIN VESSELS.

Section 6305(c)(2) of title 5, United States Code, is
amended to read as follows:
``(2) may not be made the basis for a lump-sum
payment, except that civil service mariners of the
Military Sealift Command on temporary promotion aboard
ship may be paid the difference between their temporary
and permanent rates of pay for leave accrued under this
section and section 6303 and not otherwise used during
the temporary promotion upon the expiration or
termination of the temporary promotion; and''.

SEC. 1134. LIFE INSURANCE FOR EMERGENCY ESSENTIAL DEPARTMENT OF DEFENSE
EMPLOYEES.

(a) In General.--Section 8702 of title 5, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Notwithstanding a notice previously given under
subsection (b), an employee of the Department of Defense who is
designated as an emergency essential employee under section
1580 of title 10 shall be insured if the employee, within 60
days after the date of the designation, elects to be insured
under a policy of insurance under this chapter. An election
under the preceding sentence shall be effective when provided
to the Office in writing, in the form prescribed by the Office,
within such 60-day period.''.
(b) Applicability.--For purposes of section 8702(c) of
title 5, United States Code (as added by subsection (a)), an
employee of the Department of Defense who is designated as an
emergency essential employee under section 1580 of title 10,
United States Code, before the date of the enactment of this
Act shall be deemed to be so designated on the date of the
enactment of this Act.

Subtitle E--Intelligence Civilian Personnel

SEC. 1141. EXPANSION OF DEFENSE CIVILIAN INTELLIGENCE PERSONNEL SYSTEM
POSITIONS.

(a) Authority for Senior DOD Intelligence Positions
Throughout Department of Defense.--Section 1601(a)(1) of title
10, United States Code, is amended--
(1) by striking ``in the intelligence components of
the Department of Defense and the military
departments'' and inserting ``in the Department of
Defense''; and
(2) by striking ``of those components and
departments'' and inserting ``of the Department''.
(b) Conforming Amendment for Persons Eligible for
Postemployment Assistance.--Section 1611 of such title is
amended--
(1) in subsection (a)(1), by striking ``an
intelligence component of the Department of Defense''
and inserting ``a defense intelligence position'';
(2) in subsection (b)--
(A) by striking ``sensitive position in an
intelligence component of the Department of
Defense'' in the matter preceding paragraph (1)
and inserting ``sensitive defense intelligence
position''; and
(B) by striking ``with the intelligence
component'' in paragraphs (1) and (2) and
inserting ``in a defense intelligence
position'';
(3) in subsection (d), by striking ``an
intelligence component of the Department of Defense''
and inserting ``in a defense intelligence position'';
and
(4) by striking subsection (f).
(c) Conforming Amendment for Definition of Defense
Intelligence Position.--Section 1614(1) of such title is
amended by striking ``of an intelligence component of the
Department of Defense or of a military department'' and
inserting ``of the Department of Defense''.

SEC. 1142. INCREASE IN NUMBER OF POSITIONS AUTHORIZED FOR THE DEFENSE
INTELLIGENCE SENIOR EXECUTIVE SERVICE.

Section 1606(a) of title 10, United States Code, is amended
by striking ``492'' and inserting ``517''.

Subtitle F--Voluntary Separation Incentive Pay and Early Retirement
Authority

SEC. 1151. EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES FOR USE OF
VOLUNTARY SEPARATION INCENTIVE PAY AND VOLUNTARY
EARLY RETIREMENT.

(a) Revision and Addition of Purposes for Department of
Defense VSIP.--Subsection (b) of section 5597 of title 5,
United States Code, is amended by inserting after ``transfer of
function,'' the following: ``workforce restructuring (to meet
mission needs, achieve one or more strength reductions, correct
skill imbalances, or reduce the number of high-grade,
managerial, or supervisory positions),''.
(b) Eligibility.--Subsection (c) of such section is
amended--
(1) in paragraph (2), by inserting ``objective and
nonpersonal'' after ``similar''; and
(2) by adding at the end the following:
``A determination of which employees are within the scope of an
offer of separation pay shall be made only on the basis of
consistent and well-documented application of the relevant
criteria.''.
(c) Installment Payments.--Subsection (d) of such section
is amended--
(1) by striking paragraph (1) and inserting the
following:
``(1) shall be paid in a lump-sum or in
installments;'';
(2) by striking ``and'' at the end of paragraph
(3);
(3) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(4) by adding at the end the following:
``(5) if paid in installments, shall cease to be
paid upon the recipient's acceptance of employment by
the Federal Government, or commencement of work under a
personal services contract, as described in subsection
(g)(1).''.
(d) Applicability of Repayment Requirement to Reemployment
Under Personal Services Contracts.--Subsection (g)(1) of such
section is amended by inserting after ``employment with the
Government of the United States'' the following: ``, or who
commences work for an agency of the United States through a
personal services contract with the United States,''.

SEC. 1152. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY RETIREMENT
AUTHORITY.

(a) Civil Service Retirement System.--Section 8336 of title
5, United States Code, is amended--
(1) in subsection (d)(2), by inserting ``except in
the case of an employee who is separated from the
service under a program carried out under subsection
(o),'' after ``(2)''; and
(2) by adding at the end the following:
``(o)(1) The Secretary of Defense may, during fiscal years
2002 and 2003, carry out a program under which an employee of
the Department of Defense may be separated from the service
entitled to an immediate annuity under this subchapter if the
employee--
``(A) has--
``(i) completed 25 years of service; or
``(ii) become 50 years of age and completed
20 years of service; and
``(B) is eligible for the annuity under paragraph
(2) or (3).
``(2)(A) For the purposes of paragraph (1), an employee
referred to in that paragraph is eligible for an immediate
annuity under this paragraph if the employee--
``(i) is separated from the service involuntarily
other than for cause; and
``(ii) has not declined a reasonable offer of
another position in the Department of Defense for which
the employee is qualified, which is not lower than 2
grades (or pay levels) below the employee's grade (or
pay level), and which is within the employee's
commuting area.
``(B) For the purposes of paragraph (2)(A)(i), a separation
for failure to accept a directed reassignment to a position
outside the commuting area of the employee concerned or to
accompany a position outside of such area pursuant to a
transfer of function may not be considered to be a removal for
cause.
``(3) For the purposes of paragraph (1), an employee
referred to in that paragraph is eligible for an immediate
annuity under this paragraph if the employee satisfies all of
the following conditions:
``(A) The employee is separated from the service
voluntarily during a period in which the organization
within the Department of Defense in which the employee
is serving is undergoing a major organizational
adjustment.
``(B) The employee has been employed continuously
by the Department of Defense for more than 30 days
before the date on which the head of the employee's
organization requests the determinations required under
subparagraph (A).
``(C) The employee is serving under an appointment
that is not limited by time.
``(D) The employee is not in receipt of a decision
notice of involuntary separation for misconduct or
unacceptable performance.
``(E) The employee is within the scope of an offer
of voluntary early retirement, as defined on the basis
of one or more of the following objective criteria:
``(i) One or more organizational units.
``(ii) One or more occupational groups,
series, or levels.
``(iii) One or more geographical locations.
``(iv) Any other similar objective and
nonpersonal criteria that the Office of
Personnel Management determines appropriate.
``(4) Under regulations prescribed by the Office of
Personnel Management, the determinations of whether an employee
meets--
``(A) the requirements of subparagraph (A) of
paragraph (3) shall be made by the Office, upon the
request of the Secretary of Defense; and
``(B) the requirements of subparagraph (E) of such
paragraph shall be made by the Secretary of Defense.
``(5) A determination of which employees are within the
scope of an offer of early retirement shall be made only on the
basis of consistent and well-documented application of the
relevant criteria.
``(6) In this subsection, the term `major organizational
adjustment' means any of the following:
``(A) A major reorganization.
``(B) A major reduction in force.
``(C) A major transfer of function.
``(D) A workforce restructuring--
``(i) to meet mission needs;
``(ii) to achieve one or more reductions in
strength;
``(iii) to correct skill imbalances; or
``(iv) to reduce the number of high-grade,
managerial, supervisory, or similar
positions.''.
(b) Federal Employees' Retirement System.--Section 8414 of
such title is amended--
(1) in subsection (b)(1)(B), by inserting ``except
in the case of an employee who is separated from the
service under a program carried out under subsection
(d),'' after ``(B)''; and
(2) by adding at the end the following:
``(d)(1) The Secretary of Defense may, during fiscal years
2002 and 2003, carry out a program under which an employee of
the Department of Defense may be separated from the service
entitled to an immediate annuity under this subchapter if the
employee--
``(A) has--
``(i) completed 25 years of service; or
``(ii) become 50 years of age and completed
20 years of service; and
``(B) is eligible for the annuity under paragraph
(2) or (3).
``(2)(A) For the purposes of paragraph (1), an employee
referred to in that paragraph is eligible for an immediate
annuity under this paragraph if the employee--
``(i) is separated from the service involuntarily
other than for cause; and
``(ii) has not declined a reasonable offer of
another position in the Department of Defense for which
the employee is qualified, which is not lower than 2
grades (or pay levels) below the employee's grade (or
pay level), and which is within the employee's
commuting area.
``(B) For the purposes of paragraph (2)(A)(i), a separation
for failure to accept a directed reassignment to a position
outside the commuting area of the employee concerned or to
accompany a position outside of such area pursuant to a
transfer of function may not be considered to be a removal for
cause.
``(3) For the purposes of paragraph (1), an employee
referred to in that paragraph is eligible for an immediate
annuity under this paragraph if the employee satisfies all of
the following conditions:
``(A) The employee is separated from the service
voluntarily during a period in which the organization
within the Department of Defense in which the employee
is serving is undergoing a major organizational
adjustment.
``(B) The employee has been employed continuously
by the Department of Defense for more than 30 days
before the date on which the head of the employee's
organization requests the determinations required under
subparagraph (A).
``(C) The employee is serving under an appointment
that is not limited by time.
``(D) The employee is not in receipt of a decision
notice of involuntary separation for misconduct or
unacceptable performance.
``(E) The employee is within the scope of an offer
of voluntary early retirement, as defined on the basis
of one or more of the following objective criteria:
``(i) One or more organizational units.
``(ii) One or more occupational groups,
series, or levels.
``(iii) One or more geographical locations.
``(iv) Any other similar objective and
nonpersonal criteria that the Office of
Personnel Management determines appropriate.
``(4) Under regulations prescribed by the Office of
Personnel Management, the determinations of whether an employee
meets--
``(A) the requirements of subparagraph (A) of
paragraph (3) shall be made by the Office upon the
request of the Secretary of Defense; and
``(B) the requirements of subparagraph (E) of such
paragraph shall be made by the Secretary of Defense.
``(5) A determination of which employees are within the
scope of an offer of early retirement shall be made only on the
basis of consistent and well-documented application of the
relevant criteria.
``(6) In this subsection, the term `major organizational
adjustment' means any of the following:
``(A) A major reorganization.
``(B) A major reduction in force.
``(C) A major transfer of function.
``(D) A workforce restructuring--
``(i) to meet mission needs;
``(ii) to achieve one or more reductions in
strength;
``(iii) to correct skill imbalances; or
``(iv) to reduce the number of high-grade,
managerial, supervisory, or similar
positions.''.
(c) Conforming Amendments.--(1) Section 8339(h) of such
title is amended by striking out ``or ( j)'' in the first
sentence and inserting ``( j), or (o)''.
(2) Section 8464(a)(1)(A)(i) of such title is amended by
striking out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''.

SEC. 1153. LIMITATIONS.

(a) Fiscal Year 2001 Limitations on VSIP.--Section 5597 of
title 5, United States Code, as amended by section 1151, is
further amended by adding at the end the following new
subsection:
``(i)(1) Notwithstanding any other provision of this
section, during fiscal year 2001, separation pay may be offered
under the program carried out under this section with respect
to workforce restructuring only to persons who, upon
separation, are entitled to an immediate annuity under section
8336, 8412, or 8414 of this title and are otherwise eligible
for the separation pay under this section.
``(2) In the administration of the program under this
section during fiscal year 2001, the Secretary shall ensure
that not more than 1,000 employees are, as a result of
workforce restructuring, separated from service in that fiscal
year entitled to separation pay under this section.
``(3) Separation pay may not be offered as a result of
workforce restructuring under the program carried out under
this section after fiscal year 2003.''.
(b) Limitations for Fiscal Years 2002 and 2003 on VSIP and
VERA.--(1) Subject to paragraph (2), the Secretary of Defense
shall ensure that, in each of fiscal years 2002 and 2003, not
more than 4,000 employees of the Department of Defense are, as
a result of workforce restructuring, separated from service
entitled to one or more of the following benefits:
(A) Voluntary separation incentive pay under
section 5597 of title 5, United States Code.
(B) Immediate annuity under section 8336(o) or
8414(d) of such title.
(2) Notwithstanding sections 5597(e), 8336(o), and 8414(d)
of title 5, United States Code, the Secretary of Defense may
carry out the programs authorized in those sections during
fiscal years 2002 and 2003 with respect to workforce
restructuring only to the extent provided in a law enacted by
the One Hundred Seventh Congress.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Subtitle A--Matters Related to Arms Control

Subtitle B--Matters Relating to the Balkans

Subtitle C--North Atlantic Treaty Organization and United States Forces
in Europe

Subtitle D--Other Matters

Subtitle A--Matters Related to Arms Control

SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.

(a) Limitation on Amount of Assistance in Fiscal Year
2001--The total amount of the assistance for fiscal year 2001
that is provided by the Secretary of Defense under section 1505
of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) as activities of the Department of Defense in
support of activities under that Act may not exceed
$15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by
striking ``2000'' and inserting ``2001''.

SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS CONTROL
AND REGIONAL SECURITY ISSUES.

Of the amount authorized to be appropriated by section
301(5), up to $1,000,000 is available for the support of
programs to promote formal and informal region-wide
consultations among Arab, Israeli, and United States officials
and experts on arms control and security issues concerning the
Middle East region.

SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING EQUIPMENT TO FOREIGN
GOVERNMENTS.

(a) In General.--Chapter 152 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2555. Nuclear test monitoring equipment: furnishing to foreign
governments

``(a) Authority To Convey or Provide Nuclear Test
Monitoring Equipment.--Subject to subsection (b), the Secretary
of Defense may--
``(1) convey or otherwise provide to a foreign
government (A) equipment for the monitoring of nuclear
test explosions, and (B) associated equipment; and
``(2) as part of any such conveyance or provision
of equipment, install such equipment on foreign
territory or in international waters.
``(b) Agreement Required.--Nuclear test explosion
monitoring equipment may be conveyed or otherwise provided
under subsection (a) only pursuant to the terms of an agreement
between the United States and the foreign government receiving
the equipment in which the recipient foreign government
agrees--
``(1) to provide the United States with timely
access to the data produced, collected, or generated by
the equipment;
``(2) to permit the Secretary of Defense to take
such measures as the Secretary considers necessary to
inspect, test, maintain, repair, or replace that
equipment, including access for purposes of such
measures; and
``(3) to return such equipment to the United States
(or allow the United States to recover such equipment)
if either party determines that the agreement no longer
serves its interests.
``(c) Report.--Promptly after entering into any agreement
under subsection (b), the Secretary of Defense shall submit to
Congress a report on the agreement. The report shall identify
the country with which the agreement was made, the anticipated
costs to the United States to be incurred under the agreement,
and the national interest of the United States that is
furthered by the agreement.
``(d) Limitation on Delegation.--The Secretary of Defense
may delegate the authority of the Secretary to carry out this
section only to the Secretary of the Air Force. Such a
delegation may be redelegated.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2555. Nuclear test monitoring equipment: furnishing to foreign
governments.''.

SEC. 1204. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS OF
MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES AND
ENTITIES OF CONCERN.

Section 1402(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798) is
amended by adding at the end the following new paragraph:
``(4) The status of the implementation or other
disposition of recommendations included in reports of
audits by Inspectors General that have been set forth
in a previous annual report under this section pursuant
to paragraph (3).''.

Subtitle B--Matters Relating to the Balkans

SEC. 1211. ANNUAL REPORT ASSESSING EFFECT OF CONTINUED OPERATIONS IN
THE BALKANS REGION ON READINESS TO EXECUTE THE
NATIONAL MILITARY STRATEGY.

Section 1035 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 753) is
amended--
(1) in subsection (a), by striking ``Not later than
180 days after the date of the enactment of this Act,''
and inserting ``Not later than April 1 each year (but
subject to subsection (e)),'';
(2) in subsection (b), by striking ``The report''
in the matter preceding paragraph (1) and inserting
``Each report'';
(3) in subsection (d), by striking ``the report''
and inserting ``a report''; and
(4) by adding at the end the following new
subsection:
``(e) Termination When United States Military Operations
End.--(1) No report is required under this section after United
States military operations in the Balkans region have ended.
``(2) After the requirement for an annual report under this
section is terminated by operation of paragraph (1), but not
later than the latest date on which the next annual report
under this section would, except for paragraph (1), otherwise
be due, the Secretary of Defense shall transmit to Congress a
notification of the termination of the reporting
requirement.''.

SEC. 1212. SITUATION IN THE BALKANS.

(a) Establishment of NATO Benchmarks for Withdrawal of
Forces From Kosovo.-- The President shall develop, not later
than May 31, 2001, militarily significant benchmarks for
conditions that would achieve a sustainable peace in Kosovo and
ultimately allow for the withdrawal of the United States
military presence in Kosovo. Congress urges the President to
seek concurrence among member nations of the North Atlantic
Treaty Organization in the development of those benchmarks.
(b) Comprehensive Political-Military Strategy.--(1) The
President--
(A) shall develop a comprehensive political-
military strategy for addressing the political,
economic, humanitarian, and military issues in the
Balkans; and
(B) shall establish near-term, mid-term, and long-
term objectives in the region.
(2) In developing that strategy and those objectives, the
President shall take into consideration--
(A) the benchmarks relating to Kosovo developed as
described in subsection (a); and
(B) the benchmarks relating to Bosnia that were
detailed in the report accompanying the certification
by the President to Congress on March 3, 1998 (printed
as House Document 105-223), with respect to the
continued presence of United States Armed Forces, after
June 30, 1998, in Bosnia and Herzegovina, submitted to
Congress pursuant to section 7 of title I of the 1998
Supplemental Appropriations and Rescissions Act (Public
Law 105-174; 112 Stat. 63).
(3) That strategy and those objectives shall be developed
in consultation with appropriate regional and international
entities.
(c) Semiannual Report on Benchmarks.--Not later than June
30, 2001, and every six months thereafter, the President shall
submit to Congress a report on the progress made in achieving
the benchmarks developed pursuant to subsection (a). The
President may submit a single report covering these benchmarks
and the benchmarks relating to Bosnia referred to in subsection
(b)(2)(B).
(d) Semiannual Report on Comprehensive Strategy.--Not later
than June 30, 2001, and every six months thereafter so long as
United States forces are in the Balkans, the President shall
submit to Congress a report on the progress being made in
developing and implementing a comprehensive political-military
strategy as described in subsection (b)(1)(A).

SEC. 1213. SEMIANNUAL REPORT ON KOSOVO PEACEKEEPING.

(a) Requirement for Periodic Report.--The President shall
submit to the specified congressional committees a semiannual
report on the contributions of European nations and
organizations to the peacekeeping operations in Kosovo. The
first such report shall be submitted not later than December 1,
2000.
(b) Content of Report.--Each report shall contain detailed
information on the following:
(1) The commitments and pledges made by the
European Commission, the member nations of the European
Union, and the European member nations of the North
Atlantic Treaty Organization for--
(A) reconstruction assistance in Kosovo;
(B) humanitarian assistance in Kosovo;
(C) the Kosovo Consolidated Budget;
(D) police (including special police) for
the United Nations international police force
for Kosovo; and
(E) military personnel for peacekeeping
operations in Kosovo.
(2) The amount of the assistance that has been
provided in each category, and the number of police and
military personnel that have been deployed to Kosovo,
by each organization or nation referred to in paragraph
(1).
(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.
(d) Specified Congressional Committees.--In the section,
the term ``specified congressional committees'' means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on International Relations, and the Committee on
Appropriations of the House of Representatives.

Subtitle C--North Atlantic Treaty Organization and United States Forces
in Europe

SEC. 1221. 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.
(b) Report on Burdensharing of Future NATO Operations.--
Whenever the North Atlantic Treaty Organization undertakes a
military operation, 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) the contributions to that operation made by
each of the member nations of the North Atlantic Treaty
Organization during that operation; and
(2) the contributions that each of the member
nations of the North Atlantic Treaty Organization are
making or have pledged to make during any follow-on
operation.
(c) Time for Submission of Report.--A report under
subsection (b) shall be submitted not later than 90 days after
the completion of the military operation.
(d) Applicability.--Subsection (b) shall apply only with
respect to military operations begun after the date of the
enactment of this Act.

SEC. 1222. REPEAL OF RESTRICTION PREVENTING COOPERATIVE AIRLIFT SUPPORT
THROUGH ACQUISITION AND CROSS-SERVICING AGREEMENTS.

Section 2350c of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection
(d).

SEC. 1223. GAO STUDY ON THE BENEFITS AND COSTS OF UNITED STATES
MILITARY ENGAGEMENT IN EUROPE.

(a) Comptroller General Study.--The Comptroller General
shall conduct a study assessing the benefits and costs to the
United States and United States national security interests of
the engagement of United States forces in Europe and of United
States 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 benefits and costs to the United States of
having forces stationed in Europe and assigned to areas
of regional conflict such as Bosnia and Kosovo.
(2) The benefits and costs associated with
stationing United States forces in Europe and with
assigning those forces to areas of regional conflict,
including an analysis of the benefits and costs of
deploying United States forces with the forces of
European allies.
(3) The amount and type of the following kinds of
contributions to European security made by European
allies in 1999 and 2000:
(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, including contributions
in kind, for humanitarian and reconstruction
assistance and infrastructure building or
activities that contribute to regional
stability, whether in lieu of or in addition to
military-related contributions.
(4) The extent to which a forward United States
military presence compensates for existing shortfalls
of air and sea lift capability in the event of regional
conflict in Europe or the Middle East.
(c) Report.--The Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the results of the study not later
than December 1, 2001.

Subtitle D--Other Matters

SEC. 1231. JOINT DATA EXCHANGE CENTER WITH RUSSIAN FEDERATION ON EARLY
WARNING SYSTEMS AND NOTIFICATION OF BALLISTIC
MISSILE LAUNCHES.

(a) Authority.--The Secretary of Defense is authorized to
establish, in conjunction with the Government of the Russian
Federation, a United States-Russian Federation joint center for
the exchange of data from systems to provide early warning of
launches of ballistic missiles and for notification of launches
of such missiles.
(b) Specific Actions.--The actions that the Secretary
undertakes for the establishment of the center may include--
(1) subject to subsection (d), participating in the
renovation of a mutually agreed upon facility to be
made available by the Russian Federation; and
(2) the furnishing of such equipment and supplies
as may be necessary to begin the operation of the
center.
(c) Report Required.--(1) Not later than 30 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report on plans for the joint data exchange center.
(2) The report shall include the following:
(A) A detailed explanation as to why the particular
facility intended to house the center was chosen.
(B) An estimate of the total cost of renovating
that facility for use by the center.
(C) A description of the manner by which the United
States proposes to meet its share of the costs of such
renovation.
(d) Limitation.--(1) The Secretary of Defense may
participate under subsection (b) in the renovation of the
facility identified in the report under subsection (c) only if
the United States and the Russian Federation enter into a cost-
sharing arrangement that provides for an equal sharing between
the two nations of the cost of establishing the center,
including the costs of renovating and operating the facility.
(2) Not more than $4,000,000 of funds appropriated for
fiscal year 2001 may be obligated or expended after the date of
the enactment of this Act by the Secretary of Defense for the
renovation of such facility until 30 days after the date on
which the Secretary submits to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives a copy of a written agreement between the
United States and the Russian Federation that provides details
of the cost-sharing arrangement specified in paragraph (1), in
accordance with the Memorandum of Agreement between the two
nations signed in Moscow in June 2000.

SEC. 1232. REPORT ON SHARING AND EXCHANGE OF BALLISTIC MISSILE LAUNCH
EARLY WARNING DATA.

Not later than March 15, 2001, 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 current and planned activities of
the Department of Defense with respect to the sharing and
exchange with other countries of early warning data concerning
ballistic missile launches. The report shall include the
Secretary's assessment of the benefits and risks of sharing
such data with other countries on a bilateral or multilateral
basis.

SEC. 1233. ANNUAL REPORT OF COMMUNIST CHINESE MILITARY COMPANIES
OPERATING IN THE UNITED STATES.

Section 1237(b) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is
amended--
(1) by striking ``Publication'' in the subsection
heading and inserting ``Reporting''; and
(2) by striking paragraphs (1) and (2) and
inserting the following:
``(1) Initial determination and reporting.--Not
later than March 1, 2001, the Secretary of Defense
shall make a determination of those persons operating
directly or indirectly in the United States or any of
its territories and possessions that are Communist
Chinese military companies and shall submit a list of
those persons in classified and unclassified form to
the following:
``(A) The Committee on Armed Services of
the House of Representatives.
``(B) The Committee on Armed Services of
the Senate.
``(C) The Secretary of State.
``(D) The Secretary of the Treasury.
``(E) The Attorney General.
``(F) The Secretary of Commerce.
``(G) The Secretary of Energy.
``(H) The Director of Central Intelligence.
``(2) Annual revisions to the list.--The Secretary
of Defense shall make additions or deletions to the
list submitted under paragraph (1) on an annual basis
based on the latest information available and shall
submit the updated list not later than February 1, each
year to the committees and officers specified in
paragraph (1).''.

SEC. 1234. 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 new
subsection:
``(h) 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.

SEC. 1235. INCREASED AUTHORITY TO PROVIDE HEALTH CARE SERVICES AS
HUMANITARIAN AND CIVIC ASSISTANCE.

Section 401(e)(1) of title 10, United States Code, is
amended by striking ``rural areas of a country'' and inserting
``areas of a country that are rural or are underserved by
medical, dental, and veterinary professionals, respectively''.

SEC. 1236. SENSE OF CONGRESS REGARDING THE USE OF CHILDREN AS SOLDIERS.

(a) Findings.--Congress makes the following findings:
(1) In the year 2000, approximately 300,000
individuals under the age of 18 are participating in
armed conflict in more than 30 countries worldwide.
(2) Many children participating in armed conflict
in various countries around the world are forcibly
conscripted through kidnapping or coercion, while
others join military units due to economic necessity,
to avenge the loss of a family member, or for their own
personal safety.
(3) Many military commanders frequently force child
soldiers to commit gruesome acts of ritual killings or
torture against their enemies, including against other
children.
(4) Many military commanders separate children from
their families in order to foster dependence on
military units and leaders, leaving children vulnerable
to manipulation, deep traumatization, and in need of
psychological counseling and rehabilitation.
(5) Child soldiers are exposed to hazardous
conditions and risk physical injuries, sexually
transmitted diseases, malnutrition, deformed backs and
shoulders from carrying overweight loads, and
respiratory and skin infections.
(6) Many young female soldiers face the additional
psychological and physical horrors of rape and sexual
abuse, being enslaved for sexual purposes by militia
commanders, and forced to endure severe social stigma
should they return home.
(7) Children in northern Uganda continue to be
kidnapped by the Lords Resistance Army (LRA), which is
supported and funded by the Government of Sudan and
which has committed and continues to commit gross human
rights violations in Uganda.
(8) Children in Sri Lanka have been forcibly
recruited by the opposition Tamil Tigers movement and
forced to kill or be killed in the armed conflict in
that country.
(9) An estimated 7,000 child soldiers have been
involved in the conflict in Sierra Leone, some as young
as age 10, with many being forced to commit
extrajudicial executions, torture, rape, and
amputations for the rebel Revolutionary United Front.
(10) On January 21, 2000, in Geneva, a United
Nations Working Group, including representatives from
more than 80 governments including the United States,
reached consensus on an international agreement,
referred to in this case as an ``optional protocol'',
on the use of child soldiers.
(11) This optional protocol, upon entry into force,
will--
(A) raise the international minimum age for
conscription and will require governments to
take all feasible measures to ensure that
members of their armed forces under age 18 do
not participate directly in combat;
(B) prohibit the recruitment and use in
armed conflict of persons under the age of 18
by non-governmental armed forces;
(C) encourage governments to raise the
minimum legal age for voluntary recruits above
the current standard of 15, and
(D) commit governments to support the
demobilization and rehabilitation of child
soldiers and, when possible, to allocate
resources to this purpose.
(12) On October 29, 1998, United Nations Secretary
General Kofi Annan set minimum age requirements for
United Nations peacekeeping personnel that are made
available by member nations of the United Nations.
(13) The United Nations Under-Secretary General for
Peace-keeping, Bernard Miyet, announced in the Fourth
Committee of the General Assembly that contributing
governments of member nations were asked not to send
civilian police and military observers under the age of
25 and that troops in national contingents should
preferably be at least 21 years of age but in no case
should they be younger than 18 years of age.
(14) On August 25, 1999, the United Nations
Security Council unanimously passed Resolution 1261
(1999) condemning the use of children in armed
conflicts.
(15) In addressing the Security Council on August
26, 1999, the Special Representative of the Secretary
General for Children and Armed Conflict, Olara Otunnu,
urged the adoption of a global three-pronged approach
to combatting the use of children in armed conflict
that would--
(A) first, raise the age limit for
recruitment and participation in armed conflict
from the present age of 15 to the age of 18;
(B) second, increase international pressure
on armed groups which currently abuse children;
and
(C) third, address the political, social,
and economic factors that create an environment
in which children are induced by appeal of
ideology or by socio-economic collapse to
become child soldiers.
(16) The United States delegation to the United
Nations working group relating to child soldiers, which
included representatives from the Department of
Defense, supported the Geneva agreement on the optional
protocol.
(17) On May 25, 2000, the United Nations General
Assembly unanimously adopted the optional protocol on
the use of child soldiers.
(18) The optional protocol was opened for signature
on June 5, 2000.
(19) The President signed the optional protocol on
behalf of the United States on July 5, 2000.
(b) Congressional Statements on Child Soldiers.--Congress
joins the international community in--
(1) condemning the use of children as soldiers by
governmental and nongovernmental armed forces
worldwide; and
(2) welcoming the optional protocol on the use of
child soldiers adopted by the United Nations General
Assembly on May 25, 2000, as a critical first step in
ending the use of children as soldiers.
(c) Sense of Congress on Further Actions.--It is the sense
of Congress that--
(1) it is essential that the President consult
closely with the Senate with the objective of building
support for ratification by the United States of the
optional protocol and that the Senate move forward as
expeditiously as possible;
(2) the United States should provide assistance,
through a new fund to be established by law, for the
rehabilitation and reintegration into their respective
civilian societies of child soldiers of other nations;
and
(3) the President, acting through the Secretaries
of State and Defense and other appropriate officials,
should undertake all possible efforts to persuade and
encourage other governments to ratify and endorse the
optional protocol on the use of child soldiers.

SEC. 1237. SENSE OF CONGRESS REGARDING UNDERSEA RESCUE AND RECOVERY.

(a) Findings.--Congress makes the following findings:
(1) The tragic loss in August 2000 of the Russian
submarine Kursk resulted in the death of all 118
members of the submarine's crew.
(2) The Kursk is the third vessel of the submarine
fleet of the Russian Federation and its predecessor,
the Union of Soviet Socialist Republics, to be lost in
an accident at sea with considerable loss of life of
the officers and crews of those submarines.
(3) The United States submarines USS Thresher and
USS Scorpion, with their officers and crews, were also
lost at sea in tragic accidents, in 1963 and 1968,
respectively.
(4) The United States, the Russian Federation, and
other maritime nations possess extensive capabilities
consisting of naval and research vessels and other
assets that could be used to respond to accidents or
incidents involving submarines or other undersea
vessels.
(5) The United States Navy has rescue agreements
with the navies of 14 countries from Europe, the
Western Pacific, and the Americas, but not including
the Russian Federation, and exercises regularly to
train crews and practice submarine rescue procedures
with the navies of participating nations.
(b) Expression of Sympathy.--Congress expresses its
sympathy and the sympathy of the American people to the people
of the Russian Federation and joins the Russian people in
mourning the death of the crewmen of the submarine Kursk.
(c) Sense of Congress Concerning International
Cooperation.--It is the sense of Congress that when undersea
accidents or incidents involving submarines or other undersea
vessels occur, it is in the best interests of all nations to
work together to respond promptly to the accident or incident,
rescue and recover the crew of the vessel, minimize the loss of
life, and prevent damage to the oceans.
(d) Establishment of Plan for Responding to Undersea
Accidents or Incidents.--Congress urges the President of the
United States and the President of the Russian Federation, in
coordination with the leaders of other maritime nations that
possess undersea naval and research vessels and undersea rescue
capabilities, to cooperate in establishing a plan for--
(1) responding to accidents or incidents involving
submarines or other undersea vessels; and
(2) rescue and recovery of the crew of the vessels
involved in such accidents or incidents.

SEC. 1238. UNITED STATES-CHINA SECURITY REVIEW COMMISSION.

(a) Purposes.--The purposes of this section are as follows:
(1) To establish the United States-China Security
Review Commission to review the national security
implications of trade and economic ties between the
United States and the People's Republic of China.
(2) To facilitate the assumption by the United
States-China Security Review Commission of its duties
regarding the review referred to in paragraph (1) by
providing for the transfer to that Commission of staff,
materials, and infrastructure (including leased
premises) of the Trade Deficit Review Commission that
are appropriate for the review upon the submittal of
the final report of the Trade Deficit Review
Commission.
(b) Establishment of United States-China Security Review
Commission.--
(1) In general.--There is hereby established a
commission to be known as the United States-China
Security Review Commission (in this section referred to
as the ``Commission'').
(2) Purpose.--The purpose of the Commission is to
monitor, investigate, and report to Congress on the
national security implications of the bilateral trade
and economic relationship between the United States and
the People's Republic of China.
(3) Membership.--The United States-China Security
Review Commission shall be composed of 12 members, who
shall be appointed in the same manner provided for the
appointment of members of the Trade Deficit Review
Commission under section 127(c)(3) of the Trade Deficit
Review Commission Act (19 U.S.C. 2213 note), except
that--
(A) appointment of members by the Speaker
of the House of Representatives shall be made
after consultation with the chairman of the
Committee on Armed Services of the House of
Representatives, in addition to consultation
with the chairman of the Committee on Ways and
Means of the House of Representatives provided
for under clause (iii) of subparagraph (A) of
that section;
(B) appointment of members by the President
pro tempore of the Senate upon the
recommendation of the majority leader of the
Senate shall be made after consultation with
the chairman of the Committee on Armed Services
of the Senate, in addition to consultation with
the chairman of the Committee on Finance of the
Senate provided for under clause (i) of that
subparagraph;
(C) appointment of members by the President
pro tempore of the Senate upon the
recommendation of the minority leader of the
Senate shall be made after consultation with
the ranking minority member of the Committee on
Armed Services of the Senate, in addition to
consultation with the ranking minority member
of the Committee on Finance of the Senate
provided for under clause (ii) of that
subparagraph;
(D) appointment of members by the minority
leader of the House of Representatives shall be
made after consultation with the ranking
minority member of the Committee on Armed
Services of the House of Representatives, in
addition to consultation with the ranking
minority member of the Committee on Ways and
Means of the House of Representatives provided
for under clause (iv) of that subparagraph;
(E) persons appointed to the Commission
shall have expertise in national security
matters and United States-China relations, in
addition to the expertise provided for under
subparagraph (B)(i)(I) of that section;
(F) members shall be appointed to the
Commission not later than 30 days after the
date on which each new Congress convenes;
(G) members of the Commission may be
reappointed for additional terms of service as
members of the Commission; and
(H) members of the Trade Deficit Review
Commission as of the date of the enactment of
this Act shall serve as members of the United
States-China Security Review Commission until
such time as members are first appointed to the
United States-China Security Review Commission
under this paragraph.
(4) Retention of support.--The United States-China
Security Review Commission shall retain and make use of
such staff, materials, and infrastructure
(includingleased premises) of the Trade Deficit Review Commission as
the United States-China Security Review Commission determines, in the
judgment of the members of the United States-China Security Review
Commission, are required to facilitate the ready commencement of
activities of the United States-China Security Review Commission under
subsection (c) or to carry out such activities after the commencement
of such activities.
(5) Chairman and vice chairman.--The members of the
Commission shall select a Chairman and Vice Chairman of
the Commission from among the members of the
Commission.
(6) Meetings.--
(A) Meetings.--The Commission shall meet at
the call of the Chairman of the Commission.
(B) Quorum.--A majority of the members of
the Commission shall constitute a quorum for
the transaction of business of the Commission.
(7) Voting.--Each member of the Commission shall be
entitled to one vote, which shall be equal to the vote
of every other member of the Commission.
(c) Duties.--
(1) Annual report.--Not later than March 1 each
year (beginning in 2002), the Commission shall submit
to Congress a report, in both unclassified and
classified form, regarding the national security
implications and impact of the bilateral trade and
economic relationship between the United States and the
People's Republic of China. The report shall include a
full analysis, along with conclusions and
recommendations for legislative and administrative
actions, if any, of the national security implications
for the United States of the trade and current balances
with the People's Republic of China in goods and
services, financial transactions, and technology
transfers. The Commission shall also take into account
patterns of trade and transfers through third countries
to the extent practicable.
(2) Contents of report.--Each report under
paragraph (1) shall include, at a minimum, a full
discussion of the following:
(A) The portion of trade in goods and
services with the United States that the
People's Republic of China dedicates to
military systems or systems of a dual nature
that could be used for military purposes.
(B) The acquisition by the People's
Republic of China of advanced military or dual-
use technologies from the United States by
trade (including procurement) and other
technology transfers, especially those
transfers, if any, that contribute to the
proliferation of weapons of mass destruction or
their delivery systems, or that undermine
international agreements or United States laws
with respect to nonproliferation.
(C) Any transfers, other than those
identified under subparagraph (B), to the
military systems of the People's Republic of
China made by United States firms and United
States-based multinational corporations.
(D) An analysis of the statements and
writing of the People's Republic of China
officials and officially-sanctioned writings
that bear on the intentions, if any, of the
Government of the People's Republic of China
regarding the pursuit of military competition
with, and leverage over, or cooperation with,
the United States and the Asian allies of the
United States.
(E) The military actions taken by the
Government of the People's Republic of China
during the preceding year that bear on the
national security of the United States and the
regional stability of the Asian allies of the
United States.
(F) The effects, if any, on the national
security interests of the United States of the
use by the People's Republic of China of
financial transactions and capital flow and
currency manipulations.
(G) Any action taken by the Government of
the People's Republic of China in the context
of the World Trade Organization that is adverse
or favorable to the United States national
security interests.
(H) Patterns of trade and investment
between the People's Republic of China and its
major trading partners, other than the United
States, that appear to be substantively
different from trade and investment patterns
with the United States and whether the
differences have any national security
implications for the United States.
(I) The extent to which the trade surplus
of the People's Republic of China with the
United States enhances the military budget of
the People's Republic of China.
(J) An overall assessment of the state of
the security challenges presented by the
People's Republic of China to the United States
and whether the security challenges are
increasing or decreasing from previous years.
(3) Recommendations of report.--Each report under
paragraph (1) shall also include recommendations for
action by Congress or the President, or both, including
specific recommendations for the United States to
invoke Article XXI (relating to security exceptions) of
the General Agreement on Tariffs and Trade 1994 with
respect to the People's Republic of China, as a result
of any adverse impact on the national security
interests of the United States.
(d) Hearings.--
(1) In general.--The Commission or, at its
direction, any panel or member of the Commission, may
for the purpose of carrying out the provisions of this
section, hold hearings, sit and act at times and
places, take testimony, receive evidence, and
administer oaths to the extent that the Commission or
any panel or member considers advisable.
(2) Information.--The Commission may secure
directly from the Department of Defense, the Central
Intelligence Agency, and any other Federal department
or agency information that the Commission considers
necessary to enable the Commission to carry out its
duties under this section, except the provision of
intelligence information to the Commission shall be
made with due regard for the protection from
unauthorized disclosure of classified information
relating to sensitive intelligence sources and methods
or other exceptionally sensitive matters, under
procedures approved by the Director of Central
Intelligence.
(3) Security.--The Office of Senate Security
shall--
(A) provide classified storage and meeting
and hearing spaces, when necessary, for the
Commission; and
(B) assist members and staff of the
Commission in obtaining security clearances.
(4) Security clearances.--All members of the
Commission and appropriate staff shall be sworn and
hold appropriate security clearances.
(e) Commission Personnel Matters.--
(1) Compensation of members.--Members of the United
States-China Security Review Commission shall be
compensated in the same manner provided for the
compensation of members of the Trade Deficit Review
Commission under section 127(g)(1) and section
127(g)(6) of the Trade Deficit Review Commission Act
(19 U.S.C. 2213 note).
(2) Travel expenses.--Travel expenses of the United
States-China Security Review Commission shall be
allowed in the same manner provided for the allowance
of the travel expenses of the Trade Deficit Review
Commission under section 127(g)(2) of the Trade Deficit
Review Commission Act.
(3) Staff.--An executive director and other
additional personnel for the United States-China
Security Review Commission shall be appointed,
compensated, and terminated in the same manner provided
for the appointment, compensation, and termination of
the executive director and other personnel of the Trade
Deficit Review Commission under section 127(g)(3) and
section 127(g)(6) of the Trade Deficit Review
Commission Act.
(4) Detail of government employees.--Federal
Government employees may be detailed to the United
States-China Security Review Commission in the same
manner provided for the detail of Federal Government
employees to the Trade Deficit Review Commission under
section 127(g)(4) of the Trade Deficit Review
Commission Act.
(5) Foreign travel for official purposes.--Foreign
travel for official purposes by members and staff of
the Commission may be authorized by either the Chairman
or the Vice Chairman of the Commission.
(6) Procurement of temporary and intermittent
services.--The Chairman of the United States-China
Security Review Commission may procure temporary and
intermittent services for the United States-China
Security Review Commission in the same manner provided
for the procurement of temporary and intermittent
services for the Trade Deficit Review Commission under
section 127(g)(5) of the Trade Deficit Review
Commission Act.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Commission for fiscal year 2001,
and for each fiscal year thereafter, such sums as may
be necessary to enable the Commission to carry out its
functions under this section.
(2) Availability.--Amounts appropriated to the
Commission shall remain available until expended.
(g) Federal Advisory Committee Act.--The provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
(h) Effective Date.--This section shall take effect on the
first day of the 107th Congress.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional
weapons.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds to support warhead dismantlement
processing.
Sec. 1306. Agreement on nuclear weapons storage sites.
Sec. 1307. Limitation on use of funds for construction of fossil fuel
energy plants; report.
Sec. 1308. Reports on activities and assistance under Cooperative Threat
Reduction programs.
Sec. 1309. Russian chemical weapons elimination.
Sec. 1310. Limitation on use of funds for elimination of weapons grade
plutonium program.
Sec. 1311. Report on audits of Cooperative Threat Reduction programs.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.

(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2001 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2001
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $443,400,000
authorized to be appropriated to the Department of Defense for
fiscal year 2001 in section 301(23) for Cooperative Threat
Reduction programs, not more than the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $177,800,000.
(2) For strategic nuclear arms elimination in
Ukraine, $29,100,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For weapons transportation security in Russia,
$14,000,000.
(5) For planning, design, and construction of a
storage facility for Russian fissile material,
$57,400,000.
(6) For weapons storage security in Russia,
$89,700,000.
(7) For development of a cooperative program with
the Government of Russia to eliminate the production of
weapons grade plutonium at Russian reactors,
$32,100,000.
(8) For biological weapons proliferation prevention
activities in the former Soviet Union, $12,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $13,000,000.
(10) For defense and military contacts, $9,000,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2001 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (10) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2001 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title or any other
provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2001 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in any
of paragraphs (4), (5), (7), (9), or (10) of subsection (a) in
excess of 115 percent of the amount specifically authorized for
such purposes.

SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMINATION OF CONVENTIONAL
WEAPONS.

No fiscal year 2001 Cooperative Threat Reduction funds, and
no funds appropriated for Cooperative Threat Reduction programs
for any other fiscal year, may be obligated or expended for
elimination of conventional weapons or the delivery vehicles
primarily intended to deliver such weapons.

SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE
FACILITY.

(a) Limitations.--No fiscal year 2001 Cooperative Threat
Reduction funds may be used--
(1) for construction of a second wing for the
storage facility for Russian fissile material referred
to in section 1302(a)(5); or
(2) for design or planning with respect to such
facility until 15 days after the date that the
Secretary of Defense submits to Congress notification
that Russia and the United States have signed a written
transparency agreement that provides for verification
that material stored at the facility is of weapons
origin.
(b) Establishment of Funding Cap for First Wing of Storage
Facility.--Out of funds authorized to be appropriated for
Cooperative Threat Reduction programs for fiscal year 2001 or
any other fiscal year, not more than $412,600,000 may be used
for planning, design, or construction of the first wing for the
storage facility for Russian fissile material referred to in
section 1302(a)(5).

SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT WARHEAD DISMANTLEMENT
PROCESSING.

No fiscal year 2001 Cooperative Threat Reduction funds may
be used for activities to support warhead dismantlement
processing in Russia until 15 days after the date that the
Secretary of Defense submits to Congress notification that the
United States has reached an agreement with Russia, which shall
provide for appropriate transparency measures, regarding
assistance by the United States with respect to such
processing.

SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE SITES.

The Secretary of Defense shall seek to enter into an
agreement with Russia regarding procedures to allow the United
States appropriate access to nuclear weapons storage sites for
which assistance under Cooperative Threat Reduction programs is
provided.

SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF FOSSIL FUEL
ENERGY PLANTS; REPORT.

(a) In General.--No fiscal year 2001 Cooperative Threat
Reduction funds may be used for the construction of a fossil
fuel energy plant intended to provide power to local
communities that already receive power from nuclear energy
plants that produce plutonium.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to Congress a
report detailing options for assisting Russia in the
development of alternative energy sources to the three
plutonium production reactors remaining in operation in Russia.
The report shall include--
(1) an assessment of the costs of building fossil
fuel plants in Russia to replace the existing plutonium
production reactors; and
(2) an identification of funding sources, other
than Cooperative Threat Reduction funds, that could
possibly be used for the construction of such plants in
the event that the option to use fossil fuel energy is
chosen as part of a plan to shut down Russia's nuclear
plutonium production reactors at Seversk and
Zelenogorsk.

SEC. 1308. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
THREAT REDUCTION PROGRAMS.

(a) Annual Report.--In any year in which the budget of the
President under section 1105 of title 31, United States Code,
for the fiscal year beginning in such year requests funds for
the Department of Defense for assistance or activities under
Cooperative Threat Reduction programs with the states of the
former Soviet Union, the Secretary of Defense shall submit to
Congress a report on activities and assistance during the
preceding fiscal year under Cooperative Threat Reduction
programs setting forth the matters in subsection (c).
(b) Deadline for Report.--The report under subsection (a)
shall be submitted not later than the first Monday in February
of a year.
(c) Matters To Be Included.--The report under subsection
(a) in a year shall set forth the following:
(1) An estimate of the total amount that will be
required to be expended by the United States in order
to achieve the objectives of the Cooperative Threat
Reduction programs.
(2) A five-year plan setting forth the amount of
funds and other resources proposed to be provided by
the United States for Cooperative Threat Reduction
programs over the term of the plan, including the
purpose for which such funds and resources will be
used, and to provide guidance for the preparation of
annual budget submissions with respect to Cooperative
Threat Reduction programs.
(3) A description of the Cooperative Threat
Reduction activities carried out during the fiscal year
ending in the year preceding the year of the report,
including--
(A) the amounts notified, obligated, and
expended for such activities and the purposes
for which such amounts were notified,
obligated, and expended for such fiscal year
and cumulatively for Cooperative Threat
Reduction programs;
(B) a description of the participation, if
any, of each department and agency of the
United States Government in such activities;
(C) a description of such activities,
including the forms of assistance provided;
(D) a description of the United States
private sector participation in the portion of
such activities that were supported by the
obligation and expenditure of funds for
Cooperative Threat Reduction programs; and
(E) such other information as the Secretary
of Defense considers appropriate to inform
Congress fully of the operation of Cooperative
Threat Reduction programs and activities,
including with respect to proposed
demilitarization or conversion projects,
information on the progress toward
demilitarization of facilities and the
conversion of the demilitarized facilities to
civilian activities.
(4) A description of the audits, examinations, and
other efforts, such as on-site inspections, conducted
by the United States during the fiscal year ending in
the year preceding the year of the report to ensure
that assistance provided under Cooperative Threat
Reduction programs is fully accounted for and that such
assistance is being used for its intended purpose,
including--
(A) if such assistance consisted of
equipment, a description of the current
location of such equipment and the current
condition of such equipment;
(B) if such assistance consisted of
contracts or other services, a description of
the status of such contracts or services and
the methods used to ensure that such contracts
and services are being used for their intended
purpose;
(C) a determination whether the assistance
described in subparagraphs (A) and (B) has been
used for its intended purpose; and
(D) a description of the audits,
examinations, and other efforts planned to be
carried out during the fiscal year beginning in
the year of the report to ensure that
Cooperative Threat Reduction assistance
provided during such fiscal year is fully
accounted for and is used for its intended
purpose.
(5) A current description of the tactical nuclear
weapons arsenal of Russia, including--
(A) an estimate of the current types,
numbers, yields, viability, locations, and
deployment status of the nuclear warheads in
that arsenal;
(B) an assessment of the strategic
relevance of such warheads;
(C) an assessment of the current and
projected threat of theft, sale, or
unauthorized use of such warheads; and
(D) a summary of past, current, and planned
United States efforts to work cooperatively
with Russia to account for, secure, and reduce
Russia's stockpile of tactical nuclear warheads
and associated fissile materials.
(d) Input of DCI.--The Director of Central Intelligence
shall submit to the Secretary of Defense the views of the
Director on any matters covered by subsection (c)(5) in a
report under subsection (a). Such views shall be included in
such report as a classified annex to such report.
(e) Comptroller General Assessment.--Not later than 90 days
after the date on which a report is submitted to Congress under
subsection (a), the Comptroller General shall submit to
Congress a report setting forth the Comptroller General's
assessment of the information described in paragraphs (2) and
(4) of subsection (c).
(f) First Report.--The first report submitted under
subsection (a) shall be submitted in 2001.
(g) Repeal of Superseded Reporting Requirements.--(1) The
following provisions of law are repealed:
(A) Section 1207 of the Cooperative Threat
Reduction Act of 1994 (title XII of Public Law 103-160;
107 Stat. 1782; 22 U.S.C. 5956), relating to semiannual
reports on Cooperative Threat Reduction.
(B) Section 1203 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2882), relating to a report accounting
for United States assistance for Cooperative Threat
Reduction.
(C) Section 1206 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 22 U.S.C. 5955 note), relating to accounting for
United States assistance for Cooperative Threat
Reduction.
(D) Section 1307 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 795), relating to a limitation on use of
funds for Cooperative Threat Reduction pending
submittal of a multiyear plan.
(2) Effective on the date the Secretary of Defense submits
to Congress an updated version of the multiyear plan for fiscal
year 2001 as described in subsection (h), section 1205 of the
National Defense Authorization Act for Fiscal Year 1995 (108
Stat. 2883; 10 U.S.C. 5952 note), relating to multiyear
planning and Allied support for Cooperative Threat Reduction,
is repealed.
(3) Section 1312 of the National Defense Authorization Act
for Fiscal Year 2000 (113 Stat. 796; 22 U.S.C. 5955 note),
relating to Russian nonstrategic nuclear arms, is amended--
(A) by striking ``(a) Sense of Congress.--''; and
(B) by striking subsections (b) and (c).
(h) Limitation on Use of Funds Until Submission of
Multiyear Plan.--Not more than 10 percent of fiscal year 2001
Cooperative Threat Reduction funds may be obligated or expended
until the Secretary of Defense submits to Congress an updated
version of the multiyear plan for fiscal year 2001 required to
be submitted under section 1205 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 22
U.S.C. 5952 note).
(i) Report on Russian Nonstrategic Nuclear Arms.--Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report on the
following regarding Russia's arsenal of tactical nuclear
warheads:
(1) Estimates regarding current types, numbers,
yields, viability, locations, and deployment status of
the warheads.
(2) An assessment of the strategic relevance of the
warheads.
(3) An assessment of the current and projected
threat of theft, sale, or unauthorized use of the
warheads.
(4) A summary of past, current, and planned United
States efforts to work cooperatively with Russia to
account for, secure, and reduce Russia's stockpile of
tactical nuclear warheads and associated fissile
material.

SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION.

(a) Sense of Congress.--It is the sense of Congress that
the international community should, when practicable, assist
Russia in eliminating its chemical weapons stockpile in
accordance with Russia's obligations under the Chemical Weapons
Convention, and that the level of such assistance should be
based on--
(1) full and accurate disclosure by Russia of the
size of its existing chemical weapons stockpile;
(2) a demonstrated annual commitment by Russia to
allocate at least $25,000,000 to chemical weapons
elimination;
(3) development by Russia of a practical plan for
destroying its stockpile of nerve agents;
(4) enactment of a law by Russia that provides for
the elimination of all nerve agents at a single site;
and
(5) an agreement by Russia to destroy its chemical
weapons production facilities at Volgograd and
Novocheboksark.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report that identifies--
(1) the amount spent by Russia for chemical weapons
elimination during fiscal year 2000;
(2) the specific assistance being provided to
Russia by the international community for the safe
storage and elimination of Russia's stockpile of nerve
agents, including those nerve agents located at the
Shchuch'ye depot;
(3) the countries providing the assistance
identified in paragraph (2); and
(4) the value of the assistance that the
international community has already provided and has
committed to provide in future years for the purpose
described in paragraph (2).
(c) Chemical Weapons Convention Defined.--In this section,
the term ``Chemical Weapons Convention'' means the Convention
on the Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on Their Destruction, opened
for signature on January 13, 1993.

SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF WEAPONS GRADE
PLUTONIUM PROGRAM.

Of the amounts authorized to be appropriated by this Act
for fiscal year 2001 for the Elimination of Weapons Grade
Plutonium Program, not more than 50 percent of such amounts may
be obligated or expended for the program in fiscal year 2001
until 30 days after the date on which the Secretary of Defense
submits to the Committees on Armed Services of the Senate and
House of Representatives a report on an agreement between the
United States Government and the Government of the Russian
Federation regarding a new option selected for the shut down or
conversion of the reactors of the Russian Federation that
produce weapons grade plutonium, including--
(1) the new date on which such reactors will cease
production of weapons grade plutonium under such
agreement by reason of the shut down or conversion of
such reactors; and
(2) any cost-sharing arrangements between the
United States Government and the Government of the
Russian Federation in undertaking activities under such
agreement.

SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT REDUCTION PROGRAMS.

Not later than March 31, 2001, the Comptroller General
shall submit to Congress a report examining the procedures and
mechanisms with respect to audits by the Department of Defense
of the use of funds for Cooperative Threat Reduction programs.
The report shall examine the following:
(1) Whether the audits being conducted by the
Department of Defense are producing necessary
information regarding whether assistance under such
programs, including equipment provided and services
furnished, is being used as intended.
(2) Whether the audit procedures of the Department
of Defense are adequate, including whether random
samplings are used.

TITLE XIV--COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM
ELECTROMAGNETIC PULSE (EMP) ATTACK

SEC. 1401. ESTABLISHMENT OF COMMISSION.

(a) Establishment.--There is hereby established a
commission to be known as the ``Commission to Assess the Threat
to the United States from Electromagnetic Pulse Attack''
(hereinafter in this title referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of nine
members. Seven of the members shall be appointed by the
Secretary of Defense and two of the members shall be appointed
by the Director of the Federal Emergency Management Agency. In
selecting individuals for appointment to the Commission, the
Secretary of Defense shall consult with the chairmen and
ranking minority members of the Committees on Armed Services of
the Senate and House of Representatives.
(c) Qualifications.--Members of the Commission shall be
appointed from among private United States citizens with
knowledge and expertise in the scientific, technical, and
military aspects of electromagnetic pulse (hereinafter in this
title referred to as ``EMP'') effects resulting from the
detonation of a nuclear weapon or weapons at high altitude,
sometimes referred to as high-altitude electromagnetic pulse
effects (HEMP).
(d) Chairman of Commission.--The Secretary of Defense shall
designate one of the members of the Commission to serve as
chairman of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) Security Clearances.--All members of the Commission
shall hold appropriate security clearances.
(g) Initial Organization Requirements.--All appointments to
the Commission shall be made not later than 90 days after the
date of the enactment of this Act. The Commission shall convene
its first meeting not later than 60 days after the date as of
which all members of the Commission have been appointed.

SEC. 1402. DUTIES OF COMMISSION.

(a) Review of EMP Threat.--The Commission shall assess--
(1) the nature and magnitude of potential high-
altitude EMP threats to the United States from all
potentially hostile states or non-state actors that
have or could acquire nuclear weapons and ballistic
missiles enabling them to perform a high-altitude EMP
attack against the United States within the next 15
years;
(2) the vulnerability of United States military and
especially civilian systems to an EMP attack, giving
special attention to vulnerability of the civilian
infrastructure as a matter of emergency preparedness;
(3) the capability of the United States to repair
and recover from damage inflicted on United States
military and civilian systems by an EMP attack; and
(4) the feasibility and cost of hardening select
military and civilian systems against EMP attack.
(b) Recommendation.--The Commission shall recommend any
steps it believes should be taken by the United States to
better protect its military and civilian systems from EMP
attack.
(c) Cooperation From Government Officials.--In carrying out
its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Director of the
Federal Emergency Management Agency, and any other United
States Government official serving in the Department of Defense
or Armed Forces in providing the Commission with analyses,
briefings, and other information necessary for the fulfillment
of its responsibilities.

SEC. 1403. REPORTS.

(a) Commission Report.--The Commission shall, not later
than one year after the date of its first meeting, submit to
Congress, the Secretary of Defense, and the Director of the
Federal Emergency Management Agency a report on the
Commission's findings and conclusions.
(b) Secretary of Defense Report.--Not later than one year
after the date of the Commission's report under subsection (a),
the Secretary of Defense shall submit to Congress a report--
(1) commenting on the Commission's findings and
conclusions;
(2) describing political-military scenarios that
could possibly lead to an EMP attack against the United
States;
(3) evaluating the relative likelihood of an EMP
attack against the United States compared to other
threats involving nuclear weapons; and
(4) explaining what actions, if any, the Secretary
intends to take to implement the recommendations of the
Commission and the Secretary's reasons for doing so.

SEC. 1404. POWERS.

(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this title, hold hearings, take
testimony, receive evidence, and administer oaths to the extent
that the Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from
the Department of Defense, the Central Intelligence Agency, and
any other Federal department or agency information that the
Commission considers necessary to enable the Commission to
carry out its responsibilities under this title.

SEC. 1405. COMMISSION PROCEDURES.

(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall
constitute a quorum other than for the purpose of holding
hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) Commission.--The Commission may establish panels
composed of less than full membership of the Commission for the
purpose of carrying out the Commission's duties. The actions of
each such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such a
panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any
agent or member of the Commission may, if authorized by the
Commission, take any action which the Commission is authorized
to take under this title.

SEC. 1406. PERSONNEL MATTERS.

(a) Pay of Members.--Members of the Commission shall serve
without pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be
necessary to enable the Commission to perform its duties. The
appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay fixed under this paragraph for the staff director may
not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable for
grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the Commission to assist it in
carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--
The chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay payable for
level V of the Executive Schedule under section 5316 of such
title.

SEC. 1407. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

(a) Postal and Printing Services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense shall furnish the Commission, on a
reimbursable basis, any administrative and support services
requested by the Commission.

SEC. 1408. 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 for
fiscal year 2001. Upon receipt of a written certification from
the Chairman 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.

SEC. 1409. TERMINATION OF THE COMMISSION.

The Commission shall terminate 60 days after the date of
the submission of its report under section 1403(a).

TITLE XV--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO

SEC. 1501. ASSISTANCE FOR ECONOMIC GROWTH ON VIEQUES.

(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Defense for fiscal year
2000, $40,000,000 to be used to provide economic assistance for
the people and communities of the island of Vieques, Puerto
Rico, in accordance with the terms and conditions of the
Vieques supplemental appropriation.
(b) Transfer Authority.--The Secretary of Defense may
transfer amounts of authorizations made available to the
Department of Defense in subsection (a) to any agency or office
of the United States Government in order to implement the
projects for which the Vieques supplemental appropriation is
made available. The transfer authority under this section is in
addition to any transfer authority provided in Public Law 106-
65 or any other Act.
(c) Notice to Congress.-- The advance notice required by
the Vieques supplemental appropriation of each proposed
transfer shall also be submitted to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives.
(d) Definition.--In this section, the term ``Vieques
supplemental appropriation'' means the paragraph under the
heading ``Operation and Maintenance, Defense-Wide'' in chapter
1 of title I of the Emergency Supplemental Act, 2000 (division
B of Public Law 106-246; 114 Stat. 525).

SEC. 1502. CONVEYANCE OF NAVAL AMMUNITION SUPPORT DETACHMENT, VIEQUES
ISLAND.

(a) Conveyance Required.--
(1) Property to be conveyed.--The Secretary of the
Navy shall convey, without consideration, to the
Municipality of Vieques, Puerto Rico, all right, title,
and interest of the United States in and to the land
constituting the Naval Ammunition Support Detachment
located on the western end of the island of Vieques,
Puerto Rico, except for--
(A) the property that is exempt from
conveyance under section 1506;
(B) the property that is required to be
transferred to the Secretary of the Interior
under section 1508(a); and
(C) any property that is conveyed pursuant
to section 1508(b).
(2) Time for conveyance.--The Secretary of the Navy
shall complete the conveyance required by paragraph (1)
not later than May 1, 2001.
(b) Description of Property.--The Secretary of the Navy, in
consultation with the Secretary of the Interior on issues
relating to natural resource protection under section 1508,
shall determine the exact acreage and legal description of the
property required to be conveyed pursuant to subsection (a),
including the legal description of any easements, rights of
way, and other interests that are retained pursuant to section
1506.
(c) Environmental Restoration.--
(1) Objective of conveyance.--An important
objective of the conveyance required by this section is
to promote timely redevelopment of the conveyed
property in a manner that enhances employment
opportunities and economic redevelopment, consistent
with all applicable environmental requirements and in
full consultation with the Governor of Puerto Rico, for
the benefit of the residents of the island of Vieques.
(2) Conveyance despite response need.--If the
Secretary of the Navy, by May 1, 2001, is unable to
provide the covenant required by subparagraph
(A)(ii)(I) of section 120(h)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)(3)) with respect to the
property to be conveyed, the Secretary shall still
complete the conveyance by that date, as required by
subsection (a)(2). The Secretary shall remain
responsible for completing all response actions
required under such Act. Upon completion of such
response actions, the Secretary shall execute and
deliver to the transferee the warranty referred to in
subparagraph (C)(iii) of such section. The completion
of the response actions shall not be delayed on account
of the conveyance.
(3) Continued navy responsibility.--Consistent with
existing Navy and legal requirements, the Secretary of
the Navy shall remain responsible for the environmental
condition of the property, and neither the Commonwealth
of Puerto Rico nor the Municipality of Vieques shall be
responsible for such condition existing at the time of
the conveyance.
(4) Savings clause.--All response actions with
respect to the property to be conveyed shall take place
in compliance with current law.
(d) Control of Conveyed Property.--The government of the
Municipality of Vieques, acting through the elected officials
of that government, shall have the power to administer, manage,
and control the property conveyed under subsection (a) in any
manner determined by the government of the Municipality of
Vieques as being most advantageous to the majority of the
residents of the island of Vieques (consistent with the laws of
the United States).
(e) Indemnification.--
(1) Entities and persons covered; extent.--(A)
Except as provided in subparagraph (C), and subject to
paragraph (2), the Secretary of Defense shall hold
harmless, defend, and indemnify in full the persons and
entities described in subparagraph (B) from and against
any suit, claim, demand or action, liability, judgment,
cost or other fee arising out of any claim for personal
injury or property damage (including death, illness, or
loss of or damage to property or economic loss) that
results from, or is in any manner predicated upon, the
release or threatened release (after the conveyance is
made under subsection (a)) of any hazardous substance
or pollutant or contaminant as a result of Department
of Defense activities at those parts of the Naval
Ammunition Support Detachment conveyed pursuant to
subsection (a).
(B) The persons and entities described in this
paragraph are the following:
(i) The Commonwealth of Puerto Rico
(including any officer, agent, or employee of
the Commonwealth of Puerto Rico).
(ii) The Municipality of Vieques, Puerto
Rico, and any other political subdivision of
the Commonwealth of Puerto Rico that acquires
such ownership or control (including any
officer, agent, or employee of that
Municipality or other political subdivision).
(iii) Any other person or entity that
acquires such ownership or control.
(iv) Any successor, assignee, transferee,
lender, or lessee of a person or entity
described in clauses (i) through (iii).
(C) To the extent the persons and entities
described in subparagraph (B) contributed to any such
release or threatened release, subparagraph (A) shall
not apply.
(2) Conditions on indemnification.--No
indemnification may be afforded under this subsection
unless the person or entity making a claim for
indemnification--
(A) notifies the Secretary of Defense in
writing within two years after such claim
accrues or begins action within six months
after the date of mailing, by certified or
registered mail, of notice of final denial of
the claim by the Secretary of Defense;
(B) furnishes to the Secretary of Defense
copies of pertinent papers the entity receives;
(C) furnishes evidence of proof of any
claim, loss, or damage covered by this
subsection; and
(D) provides, upon request by the Secretary
of Defense, access to the records and personnel
of the entity for purposes of defending or
settling the claim or action.
(3) Responsibilities of secretary of defense.--(A)
In any case in which the Secretary of Defense
determines that the Department of Defense may be
required to make indemnification payments to a person
under this subsection for any suit, claim, demand or
action, liability, judgment, cost or other fee arising
out of any claim for personal injury or property damage
referred to in paragraph (1)(A), the Secretary may
settle or defend, on behalf of that person, the claim
for personal injury or property damage.
(B) In any case described in subparagraph (A), if
the person to whom the Department of Defense may be
required to make indemnification payments does not
allow the Secretary of Defense to settle or defend the
claim, the person may not be afforded indemnification
with respect to that claim under this subsection.
(4) Accrual of action.--For purposes of paragraph
(2)(A), the date on which a claim accrues is the date
on which the plaintiff knew (or reasonably should have
known) that the personal injury or property damage
referred to in paragraph (1) was caused or contributed
to by the release or threatened release of a hazardous
substance or pollutant or contaminant as a result of
Department of Defense activities at any part of the
Naval Ammunition Support Detachment conveyed pursuant
to subsection (a).
(5) Relationship to other laws.--Nothing in this
subsection shall be construed as affecting or modifying
in any way subsection 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)).
(6) Definitions.--In this subsection, the terms
``hazardous substance'', ``release'', and ``pollutant
or contaminant'' have the meanings given such terms
under paragraphs (9), (14), (22), and (33) of section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601).

SEC. 1503. DETERMINATION REGARDING CONTINUATION OF NAVY TRAINING.

(a) Referendum.--
(1) Requirement.--Except as provided in paragraph
(2), the President shall provide for a referendum to be
conducted on the island of Vieques, Puerto Rico, to
determine by a majority of the votes cast in the
referendum by the Vieques electorate whether the people
of Vieques approve or disapprove of the continuation of
the conduct of live-fire training, and any other types
of training, by the Armed Forces at the Navy's training
sites on the island under the conditions described in
subsection (d).
(2) Exception.--If the Chief of Naval Operations
and the Commandant of the Marine Corps jointly submit
to the congressional defense committees, after the date
of the enactment of this Act and before the date set
forth in subsection (c), their certification that the
Vieques Naval Training Range is no longer needed for
training by the Navy and the Marine Corps, then the
requirement for a referendum under paragraph (1) shall
cease to be effective on the date on which the
certification is submitted.
(b) Prohibition of Other Propositions.--In the referendum
under this section, no proposition or option may be presented
as an alternative to the propositions of approval and of
disapproval of the continuation of the conduct of training as
described in subsection (a)(1).
(c) Time for Referendum.--The referendum required under
this section shall be held on May 1, 2001, or within 270 days
before such date or 270 days after such date. The Secretary of
the Navy shall publicize the date set for the referendum 90
days before that date.
(d) Required Training Conditions.--For the purposes of the
referendum under this section, the conditions for the
continuation of the conduct of training are those that are
proposed by the Secretary of the Navy and publicized on the
island of Vieques in connection with, and for a reasonable
period in advance of, the referendum. The conditions shall
include the following:
(1) Live-fire training.--A condition that the
training may include live-fire training.
(2) Maximum annual days of use.--A condition that
the training may be conducted on not more than 90 days
each year.
(e) Proclamation of Outcome.--Promptly after the referendum
is completed under this section, the President shall determine,
and issue a proclamation declaring, the outcome of the
referendum. The President's determination shall be final, and
the outcome of the referendum (as so determined) shall be
binding.
(f) Vieques Electorate Defined.--
(1) Registered voters.--In this section, the term
``Vieques electorate'', with respect to a referendum
under this section, means the residents of the island
of Vieques, Puerto Rico, who, on both dates specified
in paragraph (2), are registered to vote in a general
election held for casting ballots for the election of
the Resident Commissioner of the Commonwealth of Puerto
Rico.
(2) Registration dates.--The dates referred to in
paragraph (1) are as follows:
(A) November 7, 2000.
(B) The date that is 180 days before the
date of the referendum under this section.

SEC. 1504. ACTIONS IF TRAINING IS APPROVED.

(a) Condition for Effectiveness.--This section shall take
effect on the date on which the President issues a proclamation
under subsection (e) of section 1503 declaring that
thecontinuation of the conduct of training (including live-fire
training) by the Armed Forces at the Navy's training sites on the
island of Vieques, Puerto Rico, under the conditions described in
subsection (d) of such section, has been approved in the referendum
conducted under such section.
(b) Authorization of Appropriations for Additional Economic
Assistance.--There is authorized to be appropriated to the
President $50,000,000 to provide economic assistance for the
people and communities of the island of Vieques. This
authorization of appropriations is in addition to the amount
authorized to be appropriated to provide economic assistance
under section 1501.
(c) Training Range To Remain Open.--The Vieques Naval
Training Range shall remain available for the use of the Armed
Forces, including for live-fire training.

SEC. 1505. REQUIREMENTS IF TRAINING IS NOT APPROVED OR MANDATE FOR
REFERENDUM IS VITIATED.

(a) Conditions for Effectiveness.--This section shall take
effect on the date on which either of the following occurs:
(1) The President issues a proclamation under
subsection (e) of section 1503 declaring that the
continuation of the conduct of training (including
live-fire training) by the Armed Forces at the Navy's
training sites on the island of Vieques, Puerto Rico,
under the conditions described in subsection (d) of
such section, has not been approved in the referendum
conducted under such section.
(2) The requirement for a referendum under section
1503 ceases to be effective pursuant to subsection
(a)(2) of such section.
(b) Actions Required of Secretary of Defense.--
(1) Termination of operation.--Not later than May
1, 2003, the Secretary of Defense shall--
(A) terminate all Navy and Marine Corps
training operations on the island of Vieques;
and
(B) terminate all Navy and Marine Corps
operations at Naval Station Roosevelt Roads,
Puerto Rico, that are related exclusively to
the use of the training range on the island of
Vieques by the Navy and the Marine Corps.
(2) Relocation of units.--The Secretary of Defense
may relocate the units of the Armed Forces (other than
those of the reserve components) and activities of the
Department of Defense (including nonappropriated fund
activities) at Fort Buchanan, Puerto Rico, to Naval
Station Roosevelt Roads, Puerto Rico, to ensure maximum
utilization of capacity.
(3) Closure of installations and facilities.--The
Secretary of Defense shall close the Department of
Defense installations and facilities on the island of
Vieques, other than properties exempt from conveyance
and transfer under section 1506.
(c) Actions Required of Secretary of the Navy.--The
Secretary of the Navy shall transfer, without reimbursement, to
the administrative jurisdiction of the Secretary of the
Interior--
(1) the Live Impact Area on the island of Vieques;
(2) all Department of Defense real properties on
the eastern side of the island that are identified as
conservation zones; and
(3) all other Department of Defense real properties
on the eastern side of the island.
(d) Actions Required of Secretary of the Interior.--
(1) Retention and administration.--The Secretary of
the Interior shall retain, and may not dispose of any
of, the properties transferred under paragraphs (2) and
(3) of subsection (c) and shall administer such
properties as wildlife refuges under the National
Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.) pending the enactment of a law
that addresses the disposition of such properties.
(2) Responsibility for live impact area.--Upon a
termination of Navy and Marine Corps training
operations on the island of Vieques under subsection
(b)(1), the Secretary of the Interior shall assume
responsibility for the administration of the Live
Impact Area, administer that area as a wilderness area
under the Wilderness Act (16 U.S.C. 1131 et seq.), and
deny public access to the area.
(3) Live impact area defined.--In this section, the
term ``Live Impact Area'' means the parcel of real
property, consisting of approximately 900 acres (more
or less), on the island of Vieques that is designated
by the Secretary of the Navy for targeting by live
ordnance in the training of forces of the Navy and
Marine Corps.
(e) GAO Review.--
(1) Requirement for review.--The Comptroller
General shall review the requirement for the continued
use of Fort Buchanan, Puerto Rico, by active Army
forces and shall submit to the congressional defense
committees a report containing--
(A) the findings resulting from the review;
and
(B) recommendations regarding the closure
of Fort Buchanan and the consolidation of units
of the Armed Forces to Naval Station Roosevelt
Roads, Puerto Rico.
(2) Time for submittal of report.--The Comptroller
General shall submit the report under paragraph (1) not
later than one year after the date on which the
referendum under section 1503 is conducted or one year
after the date on which a certification is submitted to
the congressional defense committees under subsection
(a)(2) of such section, as the case may be.

SEC. 1506. CERTAIN PROPERTIES EXEMPT FROM CONVEYANCE OR TRANSFER.

(a) Exempt Property.--The Department of Defense properties
and property interests described in subsection (b) may not be
conveyed or transferred out of the Department of Defense under
this title.
(b) Properties Described.--The exemption under subsection
(a) applies to the following Department of Defense properties
and property interests on the island of Vieques, Puerto Rico:
(1) ROTHR site.--The site for relocatable over-the-
horizon radar.
(2) Telecommunications sites.--The Mount Pirata
telecommunications sites.
(3) Associated interests.--Any easements, rights-
of-way, and other interests in property that the
Secretary of the Navy determines necessary for--
(A) ensuring access to the properties
referred to in paragraphs (1) and (2);
(B) providing utilities for such
properties;
(C) ensuring the security of such
properties; and
(D) ensuring effective maintenance and
operations on such properties.
(4) Remediation activities.--Any easements, rights-
of-way, and other interests in property that the
Secretary of the Navy determines necessary for
protecting human health and the environment in the
discharge of the Secretary's responsibilities for
environmental remediation under section 1502(c), until
such time as these responsibilities are completed.

SEC. 1507. MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN.

(a) In General.--Except as provided in subsection (b), no
acquisition, construction, conversion, rehabilitation,
extension, or improvement of any facility at Fort Buchanan,
Puerto Rico, may be initiated or continued on or after the date
of the enactment of this Act.
(b) Exceptions.--The prohibition in subsection (a) does not
apply to the following:
(1) Actions necessary to maintain the existing
facilities (including utilities) at Fort Buchanan.
(2) The construction of reserve component and
nonappropriated fund facilities authorized before the
date of the enactment of this Act.
(c) Termination.--This section shall cease to be effective
upon the issuance of a proclamation described in section
1504(a) or the enactment of a law, after the date of the
enactment of this Act, that authorizes any acquisition,
construction, conversion, rehabilitation, extension, or
improvement of any facility at Fort Buchanan, Puerto Rico.

SEC. 1508. TRANSFER AND MANAGEMENT OF CONSERVATION ZONES.

(a) Transfer to Secretary of the Interior.--
(1) Transfer required.--Except as provided in
section 1506, the Secretary of the Navy shall transfer,
without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior all
Department of Defense real properties on the western
end of the Vieques Island, consisting of a total of
approximately 3,100 acres, that are designated as
Conservation Zones in section IV of the 1983 Memorandum
of Understanding between the Commonwealth of Puerto
Rico and the Secretary of the Navy.
(2) Time for transfer.--The Secretary of the Navy
shall complete the transfer required by paragraph (1)
not later than May 1, 2001.
(b) Conveyance to Conservation Trust.--
(1) Conveyance required.--Except as provided in
section 1506 and subject to paragraph (2), the
Secretary of the Navy shall convey, without
consideration, to the Puerto Rico Conservation Trust
the additional Conservation Zones, consisting of a
total of approximately 800 acres, identified in
Alternative 1 in the Draft Environmental Assessment for
the proposed transfer of Naval Ammunition Support
Detachment property, Vieques, Puerto Rico, prepared by
the Department of the Navy, as described in the Federal
Register of August 28, 2000 (65 Fed. Reg. 52100).
(2) Time for conveyance.--The Secretary of the Navy
shall complete the conveyance required by paragraph (1)
not later than May 1, 2001, except that paragraph (1)
shall apply only to those portions of the lands
described in such paragraph that the Commonwealth of
Puerto Rico, the Secretary of the Interior, and the
Puerto Rico Conservation Trust mutually agree, before
that date, to--
(A) include in the cooperative agreement
under subsection (d)(2); and
(B) manage under standards consistent with
the standards in subsection (c) applicable to
the lands transferred under subsection (a).
(c) Administration of Properties as Wildlife Refuges.--The
Secretary of the Interior shall administer as wildlife refuges
under the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.) the Conservation Zones
transferred to the Secretary under subsection (a).
(d) Cooperative Agreement.--
(1) Required; parties.--The Secretary of the
Interior shall manage the Conservation Zones
transferred under subsection (a) pursuant to a
cooperative agreement among the Commonwealth of Puerto
Rico, the Puerto Rico Conservation Trust, and the
Secretary of the Interior.
(2) Inclusion of adjacent areas.--Areas adjacent to
the Conservation Zones transferred under subsection (a)
shall be considered for inclusion under the cooperative
agreement. Subject to the mutual agreement of the
Commonwealth of Puerto Rico, the Secretary of the
Interior, and the Puerto Rico Conservation Trust, such
adjacent areas may be included under the cooperative
agreement, except that the total acreage so included
under this paragraph may not exceed 800 acres. This
determination of inclusion of lands shall be
incorporated into the cooperative agreement process as
set forth in paragraph (4).
(3) Sea grass area.--The Sea Grass Area west of
Mosquito Pier, as identified in the 1983 Memorandum of
Understanding between the Commonwealth of Puerto Rico
and the Secretary of the Navy, shall be included in the
cooperative agreement to be protected under the laws of
the United States and the laws of the Commonwealth of
Puerto Rico.
(4) Management purposes.--All lands covered by the
cooperative agreement shall be managed to protect and
preserve the natural resources of the lands in
perpetuity. The Commonwealth of Puerto Rico, the Puerto
Rico Conservation Trust, and the Secretary of the
Interior shall follow all applicable Federal
environmental laws during the creation and any
subsequent amendment of the cooperative agreement,
including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), and the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
(5) Completion and implementation.--The cooperative
agreement shall be completed not later than May 1,
2001. The Secretary of the Interior shall implement the
terms and conditions of the cooperative agreement,
which can only be amended by agreement of the
Commonwealth of Puerto Rico, the Puerto Rico
Conservation Trust, and the Secretary of the Interior.

TITLE XVI--GI BILL EDUCATIONAL ASSISTANCE AND VETERANS CLAIMS ASSISTANCE

Subtitle A--Veterans Education Benefits

Subtitle B--Veterans Claims Assistance

Sec. 1611. Clarification of Department of Veterans Affairs duty to
assist.

Subtitle A--Veterans Education Benefits

SEC. 1601. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP PARTICIPANTS TO
ENROLL IN BASIC EDUCATIONAL ASSISTANCE UNDER
MONTGOMERY GI BILL.

(a) Special Enrollment Period.--Section 3018C of title 38,
United States Code, is amended by adding at the end the
following new subsection:
``(e)(1) A qualified individual (described in paragraph
(2)) may make an irrevocable election under this subsection,
during the one-year period beginning on the date of the
enactment of this subsection, to become entitled to basic
educational assistance under this chapter. Such an election
shall be made in the same manner as elections made under
subsection (a)(5).
``(2) A qualified individual referred to in paragraph (1)
is an individual who meets each of the following requirements:
``(A) The individual was a participant in the
educational benefits program under chapter 32 of this
title on or before October 9, 1996.
``(B) The individual has continuously served on
active duty since October 9, 1996 (excluding the
periods referred to in section 3202(1)(C) of this
title), through at least April, 1, 2000.
``(C) The individual meets the requirements of
subsection (a)(3).
``(D) The individual, when discharged or released
from active duty, is discharged or released therefrom
with an honorable discharge.
``(3)(A) Subject to the succeeding provisions of this
paragraph, with respect to a qualified individual who makes an
election under paragraph (1) to become entitled to basic
education assistance under this chapter--
``(i) the basic pay of the qualified individual
shall be reduced (in a manner determined by the
Secretary concerned) until the total amount by which
such basic pay is reduced is $2,700; and
``(ii) to the extent that basic pay is not so
reduced before the qualified individual's discharge or
release from active duty as specified in subsection
(a)(4), at the election of the qualified individual--
``(I) the Secretary concerned shall collect
from the qualified individual, or
``(II) the Secretary concerned shall reduce
the retired or retainer pay of the qualified
individual by,
an amount equal to the difference between $2,700 and
the total amount of reductions under clause (i), which
shall be paid into the Treasury of the United States as
miscellaneous receipts.
``(B)(i) The Secretary concerned shall provide for an 18-
month period, beginning on the date the qualified individual
makes an election under paragraph (1), for the qualified
individual to pay that Secretary the amount due under
subparagraph (A).
``(ii) Nothing in clause (i) shall be construed as
modifying the period of eligibility for and entitlement to
basic education assistance under this chapter applicable under
section 3031 of this title.
``(C) The provisions of subsection (c) shall apply to
individuals making elections under this subsection in the same
manner as they applied to individuals making elections under
subsection (a)(5).
``(4) With respect to qualified individuals referred to in
paragraph (3)(A)(ii), no amount of educational assistance
allowance under this chapter shall be paid to the qualified
individual until the earlier of the date on which--
``(A) the Secretary concerned collects the
applicable amount under subparagraph (I) of such
paragraph, or
``(B) the retired or retainer pay of the qualified
individual is first reduced under subparagraph (II) of
such paragraph.
``(5) The Secretary, in conjunction with the Secretary of
Defense, shall provide for notice to participants in the
educational benefits program under chapter 32 of this title of
the opportunity under this section to elect to become entitled
to basic educational assistance under this chapter.''.
(b) Conforming Amendment.--Section 3018C(b) of such title
is amended by striking ``subsection (a)'' and inserting
``subsection (a) or (e)''.

SEC. 1602. MODIFICATION OF AUTHORITY TO PAY TUITION FOR OFF-DUTY
TRAINING AND EDUCATION.

(a) Authority To Pay All Charges.--Section 2007 of title
10, United States Code, is amended--
(1) by striking subsections (a) and (b) and
inserting the following new subsections:
``(a) Subject to subsection (b), the Secretary of a
military department may pay all or a portion of the charges of
an educational institution for the tuition or expenses of a
member of the armed forces enrolled in such educational
institution for education or training during the member's off-
duty periods.
``(b) In the case of a commissioned officer on active duty,
the Secretary of the military department concerned may not pay
charges under subsection (a) unless the officer agrees to
remain on active duty for a period of at least two years after
the completion of the training or education for which the
charges are paid.''; and
(2) in subsection (d)--
(A) by striking ``(within the limits set
forth in subsection (a))'' in the matter
preceding paragraph (1); and
(B) in paragraph (3), by striking
``subsection (a)(3)'' and inserting
``subsection (b)''.
(b) Use of Entitlement to Assistance Under Montgomery GI
Bill for Payment of Charges.--(1) That section is further
amended by adding at the end the following new subsection:
``(e)(1) A member of the armed forces who is entitled to
basic educational assistance under chapter 30 of title 38 may
use such entitlement for purposes of paying any portion of the
charges described in subsection (a) or (c) that are not paid
for by the Secretary of the military department concerned under
such subsection.
``(2) The use of entitlement under paragraph (1) shall be
governed by the provisions of section 3014(b) of title 38.''.
(2) Section 3014 of title 38, United States Code, is
amended--
(A) by inserting ``(a)'' before ``The Secretary'';
and
(B) by adding at the end the following new
subsection:
``(b)(1) In the case of an individual entitled to basic
educational assistance who is pursuing education or training
described in subsection (a) or (c) of section 2007 of title 10,
the Secretary shall, at the election of the individual, pay the
individual a basic educational assistance allowance to meet all
or a portion of the charges of the educational institution for
the education or training that are not paid by the Secretary of
the military department concerned under such subsection.
``(2)(A) The amount of the basic educational assistance
allowance payable to an individual under this subsection for a
month shall be the amount of the basic educational assistance
allowance to which the individual would be entitled for the
month under section 3015 of this title (without regard to
subsection (g) of that section) were payment made under that
section instead of under this subsection.
``(B) The maximum number of months for which an individual
may be paid a basic educational assistance allowance under
paragraph (1) is 36.''.
(3) Section 3015 of title 38, United States Code, is
amended--
(A) by striking ``subsection (g)'' each place it
appears in subsections (a) and (b);
(B) by redesignating subsection (g) as subsection
(h); and
(C) by inserting after subsection (f) the following
new subsection (g):
``(g) In the case of an individual who has been paid a
basic educational assistance allowance under section 3014(b) of
this title, the rate of the basic educational assistance
allowance applicable to the individual under this section shall
be the rate otherwise applicable to the individual under this
section reduced by an amount equal to--
``(1) the aggregate amount of such allowances paid
the individual under such section 3014(b); divided by
``(2) 36.''.

Subtitle B--Veterans Claims Assistance

SEC. 1611. CLARIFICATION OF DEPARTMENT OF VETERANS AFFAIRS DUTY TO
ASSIST.

(a) In General.--Section 5107 of title 38, United States
Code, is amended to read as follows:

``Sec. 5107 Assistance to claimants; benefit of the doubt; burden of
proof

``(a) The Secretary shall assist a claimant in developing
all facts pertinent to a claim for benefits under this title.
Such assistance shall include requesting information as
described in section 5106 of this title. The Secretary shall
provide a medical examination when such examination may
substantiate entitlement to the benefits sought. The Secretary
may decide a claim without providing assistance under this
subsection when no reasonable possibility exists that such
assistance will aid in the establishment of entitlement.
``(b) The Secretary shall consider all evidence and
material of record in a case before the Department with respect
to benefits under laws administered by the Secretary and shall
give the claimant the benefit of the doubt when there is an
approximate balance of positive and negative evidence regarding
any issue material to the determination of the matter.
``(c) Except when otherwise provided by this title or by
the Secretary in accordance with the provisions of this title,
a person who submits a claim for benefits under a law
administered by the Secretary shall have the burden of
proof.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 51 of that title is amended by striking
the item relating to section 5017 and inserting the following
new item:

``5107 Assistance to claimants; benefit of the doubt; burden of
proof.''.

TITLE XVII--ASSISTANCE TO FIREFIGHTERS

SEC. 1701. FIREFIGHTER ASSISTANCE.

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

``SEC. 33. FIREFIGHTER ASSISTANCE.

``(a) Definition of Firefighting Personnel.--In this
section, the term `firefighting personnel' means individuals,
including volunteers, who are firefighters, officers of fire
departments, or emergency medical service personnel of fire
departments.
``(b) Assistance Program.--
``(1) Authority.--In accordance with this section,
the Director may--
``(A) make grants on a competitive basis
directly to fire departments of a State, in
consultation with the chief executive of the
State, for the purpose of protecting the health
and safety of the public and firefighting
personnel against fire and fire-related
hazards; and
``(B) provide assistance for fire
prevention programs in accordance with
paragraph (4).
``(2) Office for administration of assistance.--
``(A) Establishment.--Before providing
assistance under paragraph (1), the Director
shall establish an office in the Federal
Emergency Management Agency to administer the
assistance under this section.
``(B) Included duties.--The duties of the
office shall include the following:
``(i) Recipient selection
criteria.--To establish specific
criteria for the selection of
recipients of the assistance under this
section.
``(ii) Grant-writing assistance.--
To provide grant-writing assistance to
applicants.
``(3) Use of fire department grant funds.--The
Director may make a grant under paragraph (1)(A) only
if the applicant for the grant agrees to use the grant
funds--
``(A) to hire additional firefighting
personnel;
``(B) to train firefighting personnel in
firefighting, emergency response, arson
prevention and detection, or the handling of
hazardous materials, or to train firefighting
personnel to provide any of the training
described in this subparagraph;
``(C) to fund the creation of rapid
intervention teams to protect firefighting
personnel at the scenes of fires and other
emergencies;
``(D) to certify fire inspectors;
``(E) to establish wellness and fitness
programs for firefighting personnel to ensure
that the firefighting personnel can carry out
their duties;
``(F) to fund emergency medical services
provided by fire departments;
``(G) to acquire additional firefighting
vehicles, including fire trucks;
``(H) to acquire additional firefighting
equipment, including equipment for
communications and monitoring;
``(I) to acquire personal protective
equipment required for firefighting personnel
by the Occupational Safety and Health
Administration, and other personal protective
equipment for firefighting personnel;
``(J) to modify fire stations, fire
training facilities, and other facilities to
protect the health and safety of firefighting
personnel;
``(K) to enforce fire codes;
``(L) to fund fire prevention programs;
``(M) to educate the public about arson
prevention and detection; or
``(N) to provide incentives for the
recruitment and retention of volunteer
firefighting personnel for volunteer
firefighting departments and other firefighting
departments that utilize volunteers.
``(4) Fire prevention programs.--
``(A) In general.--For each fiscal year,
the Director shall use not less than 5 percent
of the funds made available under subsection
(e)--
``(i) to make grants to fire
departments for the purpose described
in paragraph (3)(L); and
``(ii) to make grants to, or enter
into contracts or cooperative
agreements with, national, State,
local, or community organizations that
are recognized for their experience and
expertise with respect to fire
prevention or fire safety programs and
activities, for the purpose of carrying
out fire prevention programs.
``(B) Priority.--In selecting organizations
described in subparagraph (A)(ii) to receive
assistance under this paragraph, the Director
shall give priority to organizations that focus
on prevention of injuries to children from
fire.
``(5) Application.--The Director may provide
assistance to a fire department or organization under
this subsection only if the fire department or
organization seeking the assistance submits to the
Director an application that meets the following
requirements:
``(A) Form.--The application shall be in
such form as the Director may require.
``(B) Information.--The application shall
include the following information:
``(i) Financial need.--Information
that demonstrates the financial need of
the applicant for the assistance for
which applied.
``(ii) Cost-benefit analysis.--An
analysis of the costs and benefits,
with respect to public safety, of the
use of the assistance.
``(iii) Reporting systems data.--An
agreement to provide information to the
national fire incident reporting system
for the period covered by the
assistance.
``(iv) Other information.--Any
other information that the Director may
require.
``(6) Matching requirement.--
``(A) In general.--Subject to subparagraph
(B), the Director may provide assistance under
this subsection only if the applicant for the
assistance agrees to match with an equal amount
of non-Federal funds 30 percent of the
assistance received under this subsection for
any fiscal year.
``(B) Requirement for small community
organizations.--In the case of an applicant
whose personnel serve jurisdictions of 50,000
or fewer residents, the percent applied under
the matching requirement of subparagraph (A)
shall be 10 percent.
``(7) Maintenance of expenditures--The Director may
provide assistance under this subsection only if the
applicant for the assistance agrees to maintain in the
fiscal year for which the assistance will be received
the applicant's aggregate expenditures for the uses
described in paragraph (3) or (4) at or above the
average level of such expenditures in the two fiscal
years preceding the fiscal year for which the
assistance will be received.
``(8) Report to the director.--The Director may
provide assistance under this subsection only if the
applicant for the assistance agrees to submit to the
Director a report, including a description of how the
assistance was used, with respect to each fiscal year
for which the assistance was received.
``(9) Variety of fire department grant
recipients.--The Director shall ensure that grants
under paragraph (1)(A) for a fiscal year are made to a
variety of fire departments, including, to the extent
that there are eligible applicants--
``(A) paid, volunteer, and combination fire
departments;
``(B) fire departments located in
communities of varying sizes; and
``(C) fire departments located in urban,
suburban, and rural communities.
``(10) Grant Limitations.--
``(A) Recipient limitation.--A grant
recipient under this section may not receive
more than $750,000 under this section for any
fiscal year.
``(B) Limitation on expenditures for
firefighting vehicles.--Not more than 25
percent of the funds appropriated to provide
grants under this section for a fiscal year may
be used to assist grant recipients to purchase
vehicles, as authorized by paragraph (3)(G).
``(11) Reservation of grant funds for volunteer
departments.--In making grants to firefighting
departments, the Director shall ensure that those
firefighting departments that have either all-volunteer
forces of firefighting personnel or combined forces of
volunteer and professional firefighting personnel
receive a proportion of the total grant funding that is
not less than the proportion of the United States
population that those firefighting departments protect.
``(c) Audits.--A recipient of a grant under this section
shall be subject to audits to ensure that the grant proceeds
are expended for the intended purposes and that the grant
recipient complies with the requirements of paragraphs (6) and
(7) of subsection (b).
``(d) State Defined.--In this section, the term `State'
includes the District of Columbia and the Commonwealth of
Puerto Rico.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated for the purposes of this section
amounts as follows:
``(1) $100,000,000 for fiscal year 2001.
``(2) $300,000,000 for fiscal year 2002.''.
(b) Study on Need for Federal Assistance to State and Local
Communities To Fund Firefighting and Emergency Response
Activities.--
(1) Requirement for study.--The Director of the
Federal Emergency Management Agency shall conduct a
study in conjunction with the National Fire Protection
Association to--
(A) define the current role and activities
associated with the fire services;
(B) determine the adequacy of current
levels of funding; and
(C) provide a needs assessment to identify
shortfalls.
(2) Time for completion of study; report.--The
Director shall complete the study under paragraph (1),
and submit a report on the results of the study to
Congress, within 18 months after the date of the
enactment of this Act.
(3) Authorization of appropriations.--There are
authorized to be appropriated to the Federal Emergency
Management Agency $300,000 for fiscal year 2001 to
carry out the study required by paragraph (1).

SEC. 1702. VOLUNTEER FIRE ASSISTANCE PROGRAM.

(a) In General.--There are authorized to be appropriated to
the Secretary of Agriculture for carrying out paragraphs (1)
through (3) of section 10(b) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2106(b)(1)-(3)) amounts as
follows:
(1) $10,000,000 for fiscal year 2001.
(2) $20,000,000 for fiscal year 2002.
(b) Report.--
(1) In general.--The Secretary of Agriculture shall
submit a report to Congress on the results of the
assistance provided under the provisions of law for
which funds are authorized for appropriations under
subsection (a).
(2) Content.--The report shall contain the
following:
(A) A list of the organizations that
received funds authorized for appropriations
under subsection (a) and the purpose for which
those organizations were provided the funds.
(B) Efforts taken to ensure that potential
recipients are provided with information
necessary to develop an effective application.
(C) The Secretary's assessment regarding
the appropriate level of funding that should be
provided annually through the assistance
program.
(D) The Secretary's assessment regarding
the appropriate purposes for such assistance.
(E) Any other information the Secretary
determines necessary.
(3) Submission date.--The report shall be submitted
not later than February 1, 2002.

SEC. 1703. BURN RESEARCH.

(a) Office.--The Director of the Federal Emergency
Management Agency shall establish an office in the Agency to
establish specific criteria of grant recipients and to
administer grants under this section.
(b) Safety Organization Grants.--The Director may make
grants, on a competitive basis, to safety organizations that
have experience in conducting burn safety programs for the
purpose of assisting those organizations in conducting burn
prevention programs or augmenting existing burn prevention
programs.
(c) Hospital Grants.--The Director may make grants, on a
competitive basis, to hospitals that serve as regional burn
centers to conduct acute burn care research.
(d) Other Grants.--The Director may make grants, on a
competitive basis, to governmental and nongovernmental entities
to provide after-burn treatment and counseling to individuals
that are burn victims.
(e) Report.--
(1) In general.--The Director of the Federal
Emergency Management Agency shall submit a report to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the
results of the grants provided under this section.
(2) Content.--The report shall contain the
following:
(A) A list of the organizations, hospitals,
or other entities to which the grants were
provided and the purpose for which those
entities were provided grants.
(B) Efforts taken to ensure that potential
grant applicants are provided with information
necessary to develop an effective application.
(C) The Director's assessment regarding the
appropriate level of funding that should be
provided annually through the grant program.
(D) The Director's assessment regarding the
appropriate purposes for such grants.
(E) Any other information the Director
determines necessary.
(3) Submission date.--The report shall be submitted
not later than February 1, 2002.
(f) Authorization of Appropriations.--There are authorized
to be appropriated for the purposes of this section amounts as
follows:
(1) $10,000,000 for fiscal year 2001.
(2) $20,000,000 for fiscal year 2002.

SEC. 1704. STUDY AND DEMONSTRATION PROJECTS REGARDING CASES OF
HEPATITIS C AMONG CERTAIN EMERGENCY RESPONSE
EMPLOYEES.

(a) Study Regarding Prevalence Among Certain Emergency
Response Employees.--
(1) In general.--The Secretary of Health and Human
Services (referred to in this section as the
``Secretary''), in consultation with the Secretary of
Labor, shall conduct a study to determine--
(A) an estimate of the prevalence of
hepatitis C among designated emergency response
employees in the United States; and
(B) the likely means through which such
employees become infected with such disease in
the course of performing their duties as such
employees.
(2) Designated emergency response employees.--For
purposes of this section, the term ``designated
emergency response employees'' means firefighters,
paramedics, and emergency medical technicians who are
employees or volunteers of units of local government.
(3) Date certain for completion; report to
congress.--The Secretary shall commence the study under
paragraph (1) not later than 90 days after the date of
the enactment of this Act. Not later that one year
after such date, the Secretary shall complete the study
and submit to the Congress a report describing the
findings of the study.
(b) Demonstration Projects Regarding Training and
Treatment.--
(1) In general.--The Secretary, in consultation
with the Secretary of Labor, shall make grants to
qualifying local governments for the purpose of
carrying out demonstration projects that (directly or
through arrangements with nonprofit private entities)
carry out each of the following activities:
(A) Training designated emergency response
employees in minimizing the risk of infection
with hepatitis C in performing their duties as
such employees.
(B) Testing such employees for infection
with the disease.
(C) Treating the employees for the disease.
(2) Qualifying local governments.--For purposes of
this section, the term ``qualifying local government''
means a unit of local government whose population of
designated emergency response employees has a
prevalence of hepatitis C that is not less than 200
percent of the national average for the prevalence of
such disease in such populations.
(3) Confidentiality.--A grant may be made under
paragraph (1) only if the qualifying local government
involved agrees to ensure that information regarding
the testing or treatment of designated emergency
response employees pursuant to the grant is maintained
confidentially in a manner not inconsistent with
applicable law.
(4) Evaluations.--The Secretary shall provide for
an evaluation of each demonstration project under
paragraph (1) in order to determine the extent to which
the project has been effective in carry out the
activities described in such paragraph.
(5) Report to congress.--Not later than 180 days
after the date on which all grants under paragraph (1)
have been expended, the Secretary shall submit to
Congress a report providing--
(A) a summary of evaluations under
paragraph (4); and
(B) the recommendations of the Secretary
for administrative or legislative initiatives
regarding the activities described in paragraph
(1).
(c) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated to the Department of Health and Human Services and
the Department of Labor $10,000,000 for fiscal year 2001.

SEC. 1705. REPORT ON PROGRESS ON SPECTRUM SHARING.

(a) Study Required.--The Secretary of Defense, in
consultation with the Attorney General and the Secretary of
Commerce, shall provide for the conduct of an engineering study
to identify--
(1) any portion of the 138-144 megahertz band that
the Department of Defense can share in various
geographic regions with public safety radio services;
(2) any measures required to prevent harmful
interference between Department of Defense systems and
the public safety systems proposed for operation on
those frequencies; and
(3) a reasonable schedule for implementation of
such sharing of frequencies.
(b) Submission of Interim Report.--Within one year after
the date of enactment of this Act, 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 an interim report on the progress of the study
conducted pursuant to subsection (a).
(c) Report.--Not later than January 1, 2002, the Secretary
of Commerce and the Chairman of the Federal Communications
Commission shall jointly submit a report to Congress on
alternative frequencies available for use by public safety
systems.

SEC. 1706. SALE OR DONATION OF EXCESS DEFENSE PROPERTY TO ASSIST
FIREFIGHTING AGENCIES.

(a) Transfer Authorized.--Chapter 153 of title 10, United
States Code, is amended by inserting after section 2576a the
following new section:

``Sec. 2576b. Excess personal property: sale or donation to assist
firefighting agencies

``(a) Transfer Authorized.--Subject to subsection (b), the
Secretary of Defense may transfer to a firefighting agency in a
State any personal property of the Department of Defense that
the Secretary determines is--
``(1) excess to the needs of the Department of
Defense; and
``(2) suitable for use in providing fire and
emergency medical services, including personal
protective equipment and equipment for communication
and monitoring.
``(b) Conditions for Transfer.--The Secretary of Defense
may transfer personal property under this section only if--
``(1) the property is drawn from existing stocks of
the Department of Defense;
``(2) the recipient firefighting agency accepts the
property on an as-is, where-is basis;
``(3) the transfer is made without the expenditure
of any funds available to the Department of Defense for
the procurement of defense equipment; and
``(4) all costs incurred subsequent to the transfer
of the property are borne or reimbursed by the
recipient.
``(c) Consideration.--Subject to subsection (b)(4), the
Secretary may transfer personal property under this section
without charge to the recipient firefighting agency.
``(d) Definitions.--In this section:
``(1) State.--The term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, and
any territory or possession of the United States.
``(2) Firefighting agency.--The term `firefighting
agency' means any volunteer, paid, or combined
departments that provide fire and emergency medical
services.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2576a the following new item:

``2576b. Excess personal property: sale or donation to assist
firefighting agencies.''.

SEC. 1707. IDENTIFICATION OF DEFENSE TECHNOLOGIES SUITABLE FOR USE, OR
CONVERSION FOR USE, IN PROVIDING FIRE AND EMERGENCY
MEDICAL SERVICES.

(a) Appointment of Task Force; Purpose.--The Secretary of
Defense shall appoint a task force consisting of
representatives from the Department of Defense and each of the
seven major fire organizations identified in subsection (b) to
identify defense technologies and equipment that--
(1) can be readily put to civilian use by fire
service and the emergency response agencies; and
(2) can be transferred to these agencies using the
authority provided by section 2576b of title 10, United
States Code, as added by section 1706 of this Act.
(b) Participating Major Fire Organizations.--Members of the
task force shall be appointed from each of the following:
(1) The International Association of Fire Chiefs.
(2) The International Association of Fire Fighters.
(3) The National Volunteer Fire Council.
(4) The International Association of Arson
Investigators.
(5) The International Society of Fire Service
Instructors.
(6) The National Association of State Fire
Marshals.
(7) The National Fire Protection Association.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Defense for activities
of the task force $1,000,000 for fiscal year 2001.

TITLE XVIII--IMPACT AID

SEC. 1801. SHORT TITLE.

This title may be cited as the ``Impact Aid Reauthorization
Act of 2000''.

SEC. 1802. PURPOSE.

Section 8001 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7701) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting after ``educational
services to federally connected children'' the
following: ``in a manner that promotes control
by local educational agencies with little or no
Federal or State involvement''; and
(B) by inserting after ``certain activities
of the Federal Government'' the following: ``,
such as activities to fulfill the
responsibilities of the Federal Government with
respect to Indian tribes and activities under
section 514 of the Soldiers' and Sailors' Civil
Relief Act of 1940 (50 U.S.C. App. 574),'';
(2) in paragraph (4), by adding ``or'' at the end;
(3) by striking paragraph (5);
(4) by redesignating paragraph (6) as paragraph
(5); and
(5) in paragraph (5) (as redesignated), by
inserting before the period at the end the following:
``and because of the difficulty of raising local
revenue through bond referendums for capital projects
due to the inability to tax Federal property''.

SEC. 1803. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

(a) Fiscal Year Requirement.--Section 8002(a) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7702(a)) is amended in the matter preceding paragraph (1) by
striking ``1999'' and inserting ``2003''.
(b) Amount.--
(1) Prohibition on reduction in amount of
payment.--Section 8002(b)(1)(A)(i) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7702(b)(1)(A)(i)) is amended--
(A) by striking ``(i) The amount'' and
inserting ``(i)(I) Subject to subclauses (II)
and (III), the amount'';
(B) by striking ``, except that'' and all
that follows through ``Federal property''; and
(C) by adding at the end the following:
``(II) Except as provided in subclause (III), the
Secretary may not reduce the amount of a payment under
this section to a local educational agency for a fiscal
year by (aa) the amount equal to the amount of revenue,
if any, the agency received during the previous fiscal
year from activities conducted on Federal property
eligible under this section and located in a school
district served by the agency, including amounts
received from any Federal department or agency (other
than the Department of Education) from such activities,
by reason of receipt of such revenue, or (bb) any other
amount by reason of receipt of such revenue.
``(III) If the amount equal to the sum of (aa) the
proposed payment under this section to a local
educational agency for a fiscal year and (bb) the
amount of revenue described in subclause (II)(aa)
received by the agency during the previous fiscal year,
exceeds the maximum amount the agency is eligible to
receive under this section for the fiscal year
involved, then the Secretary shall reduce the amount of
the proposed payment under this section by an amount
equal to such excess amount.''.
(2) Insufficient funds.--Section 8002(b)(1)(B) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7702(b)(1)(B)) is amended by striking ``shall
ratably reduce the payment to each eligible local
educational agency'' and inserting ``shall calculate
the payment for each eligible local educational agency
in accordance with subsection (h)''.
(3) Maximum amount.--Section 8002(b)(1)(C) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7702(b)(1)(C)) is amended by adding at the end
before the period the following: ``, or the maximum
amount that such agency is eligible to receive for such
fiscal year under this section, whichever is greater''.
(c) Payments With Respect to Fiscal Years in Which
Insufficient Funds Are Appropriated.--Section 8002(h) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7702(h)) is amended to read as follows:
``(h) Payments With Respect to Fiscal Years in Which
Insufficient Funds Are Appropriated.--For any fiscal year for
which the amount appropriated under section 8014(a) is
insufficient to pay to each eligible local educational agency
the full amount determined under subsection (b), the Secretary
shall make payments to each local educational agency under this
section as follows:
``(1) Foundation payments for pre-1995
recipients.--
``(A) In general.--The Secretary shall
first make a foundation payment to each local
educational agency that is eligible to receive
a payment under this section for the fiscal
year involved and was eligible to receive a
payment under section 2 of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as
such section was in effect on the day preceding
the date of the enactment of the Improving
America's Schools Act of 1994) for any of the
fiscal years 1989 through 1994.
``(B) Amount.--The amount of a payment
under subparagraph (A) for a local educational
agency shall be equal to 38 percent of the
local educational agency's maximum entitlement
amount under section 2 of the Act of September
30, 1950, for fiscal year 1994 (or if the local
educational agency was not eligible to receive
a payment under such section 2 for fiscal year
1994, the local educational agency's maximum
entitlement amount under such section 2 for the
most recent fiscal year preceding 1994).
``(C) Insufficient appropriations.--If the
amount appropriated under section 8014(a) is
insufficient to pay the full amount determined
under this paragraph for all eligible local
educational agencies for the fiscal year, then
the Secretary shall ratably reduce the payment
to each local educational agency under this
paragraph.
``(2) Payments for 1995 recipients.--
``(A) In general.--From any amounts
remaining after making payments under paragraph
(1) for the fiscal year involved, the Secretary
shall make a payment to each eligible local
educational agency that received a payment
under this section for fiscal year 1995.
``(B) Amount.--The amount of a payment
under subparagraph (A) for a local educational
agency shall be determined as follows:
``(i) Calculate the difference
between the amount appropriated to
carry out this section for fiscal year
1995 and the total amount of foundation
payments made under paragraph (1) for
the fiscal year.
``(ii) Determine the percentage
share for each local educational agency
that received a payment under this
section for fiscal year 1995 by
dividing the assessed value of the
Federal property of the local
educational agency for fiscal year 1995
determined in accordance with
subsection (b)(3), by the total
eligible national assessed value of the
eligible Federal property of all such
local educational agencies for fiscal
year 1995, as so determined.
``(iii) Multiply the percentage
share described in clause (ii) for the
local educational agency by the amount
determined under clause (i).
``(3) Subsection (i) recipients.--From any funds
remaining after making payments under paragraphs (1)
and (2) for the fiscal year involved, the Secretary
shall make payments in accordance with subsection (i).
``(4) Remaining funds.--From any funds remaining
after making payments under paragraphs (1), (2), and
(3) for the fiscal year involved--
``(A) the Secretary shall make a payment to
each local educational agency that received a
foundation payment under paragraph (1) for the
fiscal year involved in an amount that bears
the same relation to 25 percent of the
remainder as the amount the local educational
agency received under paragraph (1) for the
fiscal year involved bears to the amount all
local educational agencies received under
paragraph (1) for the fiscal year involved; and
``(B) the Secretary shall make a payment to
each local educational agency that is eligible
to receive a payment under this section for the
fiscal year involved in an amount that bears
the same relation to 75 percent of the
remainder as a percentage share determined for
the local educational agency (in the same
manner as percentage shares are determined for
local educational agencies under paragraph
(2)(B)(ii)) bears to the percentage share
determined (in the same manner) for all local
educational agencies eligible to receive a
payment under this section for the fiscal year
involved, except that for the purpose of
calculating a local educational agency's
assessed value of the Federal property, data
from the most current fiscal year shall be
used.''.
(d) Special Payments.--
(1) In general.--Section 8002(i)(1) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7702(i)(1)) is amended to read as follows:
``(1) In general.--For any fiscal year beginning
with fiscal year 2000 for which the amount appropriated
to carry out this section exceeds the amount so
appropriated for fiscal year 1996 and for which
subsection (b)(1)(B) applies, the Secretary shall use
the remainder described in subsection (h)(3) for the
fiscal year involved (not to exceed the amount equal to
the difference between (A) the amount appropriated to
carry out this section for fiscal year 1997 and (B) the
amount appropriated to carry out this section for
fiscal year 1996) to increase the payment that would
otherwise be made under this section to not more than
50 percent of the maximum amount determined under
subsection (b) for any local educational agency
described in paragraph (2).''.
(2) Conforming amendment.--The heading of section
8002(i) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7702(i)) is amended by striking
``Priority'' and inserting Special''.
(e) Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition.--Section
8002(j)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(j)(2)) is amended--
(1) by striking ``(A) A local educational agency''
and inserting ``A local educational agency'';
(2) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively; and
(3) in subparagraph (C) (as redesignated), by
adding at the end before the semicolon the following:
``and, at the time at which the agency is applying for
a payment under this subsection, the agency does not
have a military installation located within its
geographic boundaries''.
(f) Prior Year Data.--Section 8002 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702) is amended by
adding at the end the following:
``(l) Prior Year Data.--Notwithstanding any other provision
of this section, in determining the eligibility of a local
educational agency for a payment under subsection (b) or
(h)(4)(B) of this section for a fiscal year, and in calculating
the amount of such payment, the Secretary--
``(1) shall use data from the prior fiscal year
with respect to the Federal property involved,
including data with respect to the assessed value of
the property and the real property tax rate for current
expenditures levied against or imputed to the property;
and
``(2) shall use data from the second prior fiscal
year with respect to determining the amount of revenue
referred to in subsection (b)(1)(A)(i).''.
(g) Eligibility.--Section 8002 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702), as amended by
this section, is further amended by adding at the end the
following:
``(m) Eligibility.--
``(1) Old federal property.--Except as provided in
paragraph (2), a local educational agency that is
eligible to receive a payment under this section for
Federal property acquired by the Federal Government
before the date of enactment of the Impact Aid
Reauthorization Act of 2000 shall be eligible to
receive the payment only if the local educational
agency submits an application for a payment under this
section not later than 5 years after the date of the
enactment of such Act.
``(2) Combined federal property.--A local
educational agency that is eligible to receive a
payment under this section for Federal property
acquired by the Federal Government before the date of
enactment of the Impact Aid Reauthorization Act of 2000
shall be eligible to receive the payment if--
``(A) the Federal property, when combined
with other Federal property in the school
district served by the local educational agency
acquired by the Federal Government after the
date of the enactment of such Act, meets the
requirements of subsection (a); and
``(B) the local educational agency submits
an application for a payment under this section
not later than 5 years after the date of
acquisition of the Federal property acquired
after the date of the enactment of such Act.
``(3) New federal property.--A local educational
agency that is eligible to receive a payment under this
section for Federal property acquired by the Federal
Government after the date of enactment of the Impact
Aid Reauthorization Act of 2000 shall be eligible to
receive the payment only if the local educational
agency submits an application for a payment under this
section not later than 5 years after the date of
acquisition.''.

SEC. 1804. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

(a) General Amendments.--Section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703) is amended--
(1) in subsection (a)(2)--
(A) by redesignating subparagraph (E) as
subparagraph (F);
(B) in subparagraph (D), by striking
``subparagraphs (D) and (E) of paragraph (1) by
a factor of .10'' and inserting ``subparagraph
(D) of paragraph (1) by a factor of .20''; and
(C) by inserting after subparagraph (D) the
following:
``(E) Multiply the number of children
described in subparagraph (E) of paragraph (1)
by a factor of .10.'';
(2) in subsection (b)(1), by adding at the end the
following:
``(D) Data.--If satisfactory data from the
third preceding fiscal year are not available
for any of the expenditures described in clause
(i) or (ii) of subparagraph (C), the Secretary
shall use data from the most recent fiscal year
for which data that are satisfactory to the
Secretary are available.
``(E) Special rule.--For purposes of
determining the comparable local contribution
rate under subparagraph (C)(iii) for a local
educational agency described in section
222.39(c)(3) of title 34, Code of Federal
Regulations, that had its comparable local
contribution rate for fiscal year 1998
calculated pursuant to section 222.39 of title
34, Code of Federal Regulations, the Secretary
shall determine such comparable local
contribution rate as the rate upon which
payments under this subsection for fiscal year
2000 were made to the local educational agency
adjusted by the percentage increase or decrease
in the per pupil expenditure in the State
serving the local educational agency calculated
on the basis of the second most recent
preceding school year compared to the third
most recent preceding school year for which
school year data are available.''; and
(3) by amending subsection (e) to read as follows:
``(e) Hold Harmless.--
``(1) In general.--Subject to paragraphs (2) and
(3), the total amount the Secretary shall pay a local
educational agency under subsection (b)--
``(A) for fiscal year 2001 shall not be
less than 85 percent of the total amount that
the local educational agency received under
subsections (b) and (f) for fiscal year 2000;
and
``(B) for fiscal year 2002 shall not be
less than 70 percent of the total amount that
the local educational agency received under
subsections (b) and (f) for fiscal year 2000.
``(2) Maximum amount.--The total amount provided to
a local educational agency under subparagraph (A) or
(B) of paragraph (1) for a fiscal year shall not exceed
the maximum basic support payment amount for such
agency determined under paragraph (1) or (2) of
subsection (b), as the case may be.
``(3) Ratable reductions.--
``(A) In general.--If the sums made
available under this title for any fiscal year
are insufficient to pay the full amounts that
all local educational agencies in all States
are eligible to receive under paragraph (1) for
such year, then the Secretary shall ratably
reduce the payments to all such agencies for
such year.
``(B) Additional funds.--If additional
funds become available for making payments
under paragraph (1) for such fiscal year,
payments that were reduced under subparagraph
(A) shall be increased on the same basis as
such payments were reduced.''.
(b) Military Installation and Indian Housing Undergoing
Renovation or Rebuilding.--
(1) In general.--Section 8003(a)(4) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(a)) is amended--
(A) in the heading--
(i) by inserting ``and indian''
after ``Military installation''; and
(ii) by inserting ``or rebuilding''
after ``renovation'';
(B) by striking ``For purposes'' and
inserting the following:
``(A) In general.--(i) For purposes'';
(C) in subparagraph (A)(i) (as designated
by subparagraph (B)), by inserting ``or
rebuilding'' after ``undergoing renovation'';
and
(D) by adding at the end the following:
``(ii) For purposes of computing the amount
of a payment for a local educational agency
that received a payment for children that
resided on Indian lands in accordance with
paragraph (1)(C) for the fiscal year prior to
the fiscal year for which the local educational
agency is making an application, the Secretary
shall consider such children to be children
described in paragraph (1)(C) if the Secretary
determines, on the basis of a certification
provided to the Secretary by a designated
representative of the Secretary of the Interior
or the Secretary of Housing and Urban
Development, that such children would have
resided in housing on Indian lands in
accordance with paragraph (1)(C) except that
such housing was undergoing renovation or
rebuilding on the date for which the Secretary
determines the number of children under
paragraph (1).
``(B) Limitations.--(i)(I) Children
described in paragraph (1)(D)(i) may be deemed
to be children described in paragraph (1)(B)
with respect to housing on Federal property
undergoing renovation or rebuilding in
accordance with subparagraph (A)(i) for a
period not to exceed 3 fiscal years.
``(II) The number of children described in
paragraph (1)(D)(i) who are deemed to be
children described in paragraph (1)(B) with
respect to housing on Federal property
undergoing renovation or rebuilding in
accordance with subparagraph (A)(i) for any
fiscal year may not exceed the maximum number
of children who are expected to occupy that
housing upon completion of the renovation or
rebuilding.
``(ii)(I) Children that resided on Indian
lands in accordance with paragraph (1)(C) for
the fiscal year prior to the fiscal year for
which the local educational agency is making an
application may be deemed to be children described in paragraph (1)(C)
with respect to housing on Indian lands undergoing renovation or
rebuilding in accordance with subparagraph (A)(ii) for a period not to
exceed 3 fiscal years.
``(II) The number of children that resided
on Indian lands in accordance with paragraph
(1)(C) for the fiscal year prior to the fiscal
year for which the local educational agency is
making an application who are deemed to be
children described in paragraph (1)(C) with
respect to housing on Indian lands undergoing
renovation or rebuilding in accordance with
subparagraph (A)(ii) for any fiscal year may
not exceed the maximum number of children who
are expected to occupy that housing upon
completion of the renovation or rebuilding.''.
(2) Effective date.--The amendments made by
paragraph (1) shall apply with respect to payments to a
local educational agency for fiscal years beginning
before, on, or after the date of the enactment of this
Act.
(c) Military ``Build to Lease'' Program Housing.--Section
8003(a) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(a)) is amended by adding at the end the
following:
``(5) Military `build to lease' program housing.--
``(A) In general.--For purposes of
computing the amount of payment for a local
educational agency for children identified
under paragraph (1), the Secretary shall
consider children residing in housing initially
acquired or constructed under the former
section 2828(g) of title 10, United States Code
(commonly known as the `Build to Lease'
program), as added by section 801 of the
Military Construction Authorization Act, 1984,
to be children described under paragraph (1)(B)
if the property described is within the fenced
security perimeter of the military facility
upon which such housing is situated.
``(B) Additional requirements.--If the
property described in subparagraph (A) is not
owned by the Federal Government, is subject to
taxation by a State or political subdivision of
a State, and thereby generates revenues for a
local educational agency that is applying to
receive a payment under this section, then the
Secretary--
``(i) shall require the local
educational agency to provide
certification from an appropriate
official of the Department of Defense
that the property is being used to
provide military housing; and
``(ii) shall reduce the amount of
the payment under this section by an
amount equal to the amount of revenue
from such taxation received in the
second preceding fiscal year by such
local educational agency, unless the
amount of such revenue was taken into
account by the State for such second
preceding fiscal year and already
resulted in a reduction in the amount
of State aid paid to such local
educational agency.''.

SEC. 1805. MAXIMUM AMOUNT OF BASIC SUPPORT PAYMENTS.

Section 8003(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(1)), as amended by
this Act, is further amended by adding at the end the
following:
``(F) Increase in local contribution rate
due to unusual geographic factors.--If the
current expenditures in those local educational
agencies which the Secretary has determined to
be generally comparable to the local
educational agency for which a computation is
made under subparagraph (C) are not reasonably
comparable because of unusual geographical
factors which affect the current expenditures
necessary to maintain, in such agency, a level
of education equivalent to that maintained in
such other agencies, then the Secretary shall
increase the local contribution rate for such
agency under subparagraph (C)(iii) by such an
amount which the Secretary determines will
compensate such agency for the increase in
current expenditures necessitated by such
unusual geographical factors. The amount of any
such supplementary payment may not exceed the
per-pupil share (computed with regard to all
children in average daily attendance), as
determined by the Secretary, of the increased
current expenditures necessitated by such
unusual geographic factors.''.

SEC. 1806. BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL
EDUCATIONAL AGENCIES.

(a) In General.--Section 8003(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)) is
amended--
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Basic support payments for heavily impacted
local educational agencies.--
``(A) In general.--(i) From the amount
appropriated under section 8014(b) for a fiscal
year, the Secretary is authorized to make basic
support payments to eligible heavily impacted
local educational agencies with children
described in subsection (a).
``(ii) A local educational agency that
receives a basic support payment under this
paragraph for a fiscal year shall not be
eligible to receive a basic support payment
under paragraph (1) for that fiscal year.
``(B) Eligibility for continuing heavily
impacted local educational agencies.--
``(i) In general.--A heavily
impacted local educational agency is
eligible to receive a basic support
payment under subparagraph (A) with
respect to a number of children
determined under subsection (a)(1) if
the agency--
(I) received an additional
assistance payment under
subsection (f) (as such
subsection was in effect on the
day before the date of the
enactment of the Impact Aid
Reauthorization Act of 2000)
for fiscal year 2000; and
``(II)(aa) is a local
educational agency whose
boundaries are the same as a
Federal military installation;
``(bb) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency which is not less than
35 percent, has a per-pupil
expenditure that is less than
the average per-pupil
expenditure of the State in
which the agency is located or
the average per-pupil
expenditure of all States
(whichever average per-pupil
expenditure is greater), except
that a local educational agency
with a total student enrollment
of less than 350 students shall
be deemed to have satisfied
such per-pupil expenditure
requirement, and has a tax rate
for general fund purposes which
is not less than 95 percent of
the average tax rate for
general fund purposes of local
educational agencies in the
State;
``(cc) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency which is not less than
30 percent, and has a tax rate
for general fund purposes which
is not less than 125 percent of
the average tax rate for
general fund purposes for
comparable local educational
agencies in the State;
``(dd) has a total student
enrollment of not less than
25,000 students, of which not
less than 50 percent are
children described in
subsection (a)(1) and not less
than 6,000 of such children are
children described in
subparagraphs (A) and (B) of
subsection (a)(1); or
``(ee) meets the
requirements of subsection
(f)(2) applying the data
requirements of subsection
(f)(4) (as such subsections
were in effect on the day
before the date of the
enactment of the Impact Aid
Reauthorization Act of 2000).
``(ii) Loss of eligibility.--A
heavily impacted local educational
agency that met the requirements of
clause (i) for a fiscal year shall be
ineligible to receive a basic support
payment under subparagraph (A) if the
agency fails to meet the requirements
of clause (i) for a subsequent fiscal
year, except that such agency shall
continue to receive a basic support
payment under this paragraph for the
fiscal year for which the ineligibility
determination is made.
``(iii) Resumption of
eligibility.--A heavily impacted local
educational agency described in clause
(i) that becomes ineligible under such
clause for 1 or more fiscal years may
resume eligibility for a basic support
payment under this paragraph for a
subsequent fiscal year only if the
agency meets the requirements of clause
(i) for that subsequent fiscal year,
except that such agency shall not
receive a basic support payment under
this paragraph until the fiscal year
succeeding the fiscal year for which
the eligibility determination is made.
``(C) Eligibility for new heavily impacted
local educational agencies.--
``(i) In general.--A heavily
impacted local educational agency that
did not receive an additional
assistance payment under subsection (f)
(as such subsection was in effect on
the day before the date of the
enactment of the Impact Aid
Reauthorization Act of 2000) for fiscal
year 2000 is eligible to receive a
basic support payment under subparagraph (A) for fiscal year 2002 and
any subsequent fiscal year with respect to a number of children
determined under subsection (a)(1) only if the agency is a local
educational agency whose boundaries are the same as a Federal military
installation, or the agency--
``(I) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that--
``(aa) is not less
than 50 percent if such
agency receives a
payment on behalf of
children described in
subparagraphs (F) and
(G) of such subsection;
or
``(bb) is not less
than 40 percent if such
agency does not receive
a payment on behalf of
such children;
``(II)(aa) for a local
educational agency that has a
total student enrollment of 350
or more students, has a per-
pupil expenditure that is less
than the average per-pupil
expenditure of the State in
which the agency is located; or
``(bb) for a local
educational agency that has a
total student enrollment of
less than 350 students, has a
per-pupil expenditure that is
less than the average per-pupil
expenditure of a comparable
local educational agency in the
State in which the agency is
located; and
``(III) has a tax rate for
general fund purposes that is
at least 95 percent of the
average tax rate for general
fund purposes of comparable
local educational agencies in
the State.
``(ii) Resumption of eligibility.--
A heavily impacted local educational
agency described in clause (i) that
becomes ineligible under such clause
for 1 or more fiscal years may resume
eligibility for a basic support payment
under this paragraph for a subsequent
fiscal year only if the agency is a
local educational agency whose
boundaries are the same as a Federal
military installation, or meets the
requirements of clause (i), for that
subsequent fiscal year, except that
such agency shall continue to receive a
basic support payment under this
paragraph for the fiscal year for which
the ineligibility determination is
made.
``(iii) Application.--With respect
to the first fiscal year for which a
heavily impacted local educational
agency described in clause (i) applies
for a basic support payment under
subparagraph (A), or with respect to
the first fiscal year for which a
heavily impacted local educational
agency applies for a basic support
payment under subparagraph (A) after
becoming ineligible under clause (i)
for 1 or more preceding fiscal years,
the agency shall apply for such payment
at least 1 year prior to the start of
that first fiscal year.
``(D) Maximum amount for regular heavily
impacted local educational agencies.--(i)
Except as provided in subparagraph (E), the
maximum amount that a heavily impacted local
educational agency is eligible to receive under
this paragraph for any fiscal year is the sum
of the total weighted student units, as
computed under subsection (a)(2) and subject to
clause (ii), multiplied by the greater of--
``(I) four-fifths of the average
per-pupil expenditure of the State in
which the local educational agency is
located for the third fiscal year
preceding the fiscal year for which the
determination is made; or
``(II) four-fifths of the average
per-pupil expenditure of all of the
States for the third fiscal year
preceding the fiscal year for which the
determination is made.
``(ii)(I) For a local educational agency
with respect to which 35 percent or more of the
total student enrollment of the schools of the
agency are children described in subparagraph
(D) or (E) (or a combination thereof) of
subsection (a)(1), the Secretary shall
calculate the weighted student units of such
children for purposes of subsection (a)(2) by
multiplying the number of such children by a
factor of 0.55.
``(II) For a local educational agency that
has an enrollment of 100 or fewer children
described in subsection (a)(1), the Secretary
shall calculate the total number of weighted
student units for purposes of subsection (a)(2)
by multiplying the number of such children by a
factor of 1.75.
``(III) For a local educational agency that
has an enrollment of more than 100 but not more
than 750 children described in subsection
(a)(1), the Secretary shall calculate the total
number of weighted student units for purposes
of subsection (a)(2) by multiplying the number
of such children by a factor of 1.25.
``(E) Maximum amount for large heavily
impacted local educational agencies.--(i)(I)
Subject to clause (ii), the maximum amount that
a heavily impacted local educational agency
described in subclause (II) is eligible to
receive under this paragraph for any fiscal
year shall be determined in accordance with the
formula described in paragraph (1)(C).
``(II) A heavily impacted local educational
agency described in this subclause is a local
educational agency that has a total student
enrollment of not less than 25,000 students, of
which not less than 50 percent are children
described in subsection (a)(1) and not less
than 6,000 of such children are children
described in subparagraphs (A) and (B) of
subsection (a)(1).
``(ii) For purposes of calculating the
maximum amount described in clause (i), the
factor used in determining the weighted student
units under subsection (a)(2) with respect to
children described in subparagraphs (A) and (B)
of subsection (a)(1) shall be 1.35.
``(F) Data.--For purposes of providing
assistance under this paragraph the Secretary
shall use student, revenue, expenditure, and
tax data from the third fiscal year preceding
the fiscal year for which the local educational
agency is applying for assistance under this
paragraph.''.
(b) Payments With Respect to Fiscal Years in Which
Insufficient Funds Are Appropriated.--Section 8003(b)(3) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(3)) (as so redesignated) is amended--
(1) in subparagraph (A), by striking ``paragraph
(1)'' and inserting ``paragraphs (1) and (2)'';
(2) in subparagraph (B)--
(A) in the heading, by inserting after
``payments'' the following: ``in lieu of
payments under paragraph (1)'';
(B) in clause (i)--
(i) in the matter preceding
subclause (I), by inserting before ``by
multiplying'' the following: ``in lieu
of basic support payments under
paragraph (1)''; and
(ii) in subclause (II), by striking
``(not including amounts received under
subsection (f))''; and
(C) by adding at the end the following:
``(iv) In the case of a local educational
agency that has a total student enrollment of
fewer than 1,000 students and that has a per-
pupil expenditure that is less than the average
per-pupil expenditure of the State in which the
agency is located, the total percentage used to
calculate threshold payments under clause (i)
shall not be less than 40 percent.'';
(3) by redesignating subparagraph (C) as
subparagraph (D);
(4) by inserting after subparagraph (B) the
following:
``(C) Learning opportunity threshold
payments in lieu of payments under paragraph
(2).--For fiscal years described in
subparagraph (A), the learning opportunity
threshold payment in lieu of basic support
payments under paragraph (2) shall be equal to
the amount obtained under subparagraph (D) or
(E) of paragraph (2), as the case may be.'';
and
(5) in subparagraph (D) (as so redesignated), by
striking ``computation made under subparagraph (B)''
and inserting ``computations made under subparagraphs
(B) and (C)''.
(c) Conforming Amendments.--Section 8003 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703) is
amended--
(1) in the matter preceding subparagraph (A) of
subsection (a)(1), by striking ``subsection (b), (d),
or (f)'' and inserting ``subsection (b) or (d)'';
(2) in subsection (b)--
(A) in paragraph (1)(C), in the matter
preceding clause (i), by striking ``this
subsection'' and inserting ``this paragraph'';
and
(B) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A), by
striking ``paragraphs (1)(B), (1)(C),
and (2) of this subsection'' and
inserting ``subparagraphs (B) and (C)
of paragraph (1) or subparagraphs (B)
through (D) of paragraph (2), as the
case may be, paragraph (3) of this
subsection''; and
(ii) in subparagraph (B)--
(I) by inserting after
``paragraph (1)(C)'' the
following: ``or subparagraph
(D) or (E) of paragraph (2), as
the case may be,''; and
(II) by striking
``paragraph (2)(B)'' and
inserting ``subparagraph (B) or
(C) of paragraph (3), as the
case may be,'';
(3) in subsection (c)(1), by striking ``paragraph
(2) and subsection (f)'' and inserting ``subsections
(b)(1)(D), (b)(2), and paragraph (2)'';
(4) by striking subsection (f); and
(5) in subsection (h), by striking ``section 6''
and all that follows through ``1994)'' and inserting
``section 386 of the National Defense Authorization Act
for Fiscal Year 1993''.

SEC. 1807. BASIC SUPPORT PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES
AFFECTED BY REMOVAL OF FEDERAL PROPERTY.

Section 8003(b) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)), as amended by this Act, is
further amended by adding at the end the following:
``(5) Local educational agencies affected by
removal of federal property.--
``(A) In general.--In computing the amount
of a basic support payment under this
subsection for a fiscal year for a local
educational agency described in subparagraph
(B), the Secretary shall meet the additional
requirements described in subparagraph (C).
``(B) Local educational agency described.--
A local educational agency described in this
subparagraph is a local educational agency with
respect to which Federal property (i) located
within the boundaries of the agency, and (ii)
on which one or more children reside who are
receiving a free public education at a school
of the agency, is transferred by the Federal
Government to another entity in any fiscal year
beginning on or after the date of the enactment
of the Impact Aid Reauthorization Act of 2000
so that the property is subject to taxation by
the State or a political subdivision of the
State.
``(C) Additional requirements.--The
additional requirements described in this
subparagraph are the following:
``(i) For each fiscal year
beginning after the date on which the
Federal property is transferred, a
child described in subparagraph (B) who
continues to reside on such property
and who continues to receive a free
public education at a school of the
agency shall be deemed to be a child
who resides on Federal property for
purposes of computing under the
applicable subparagraph of subsection
(a)(1) the amount that the agency is
eligible to receive under this
subsection.
``(ii)(I) For the third fiscal year
beginning after the date on which the
Federal property is transferred, and
for each fiscal year thereafter, the
Secretary shall, after computing the
amount that the agency is otherwise
eligible to receive under this
subsection for the fiscal year
involved, deduct from such amount an
amount equal to the revenue received by
the agency for the immediately
preceding fiscal year as a result of
the taxable status of the former
Federal property.
``(II) For purposes of determining
the amount of revenue to be deducted in
accordance with subclause (I), the
local educational agency--
``(aa) shall provide for a
review and certification of
such amount by an appropriate
local tax authority; and
``(bb) shall submit to the
Secretary a report containing
the amount certified under item
(aa).''.

SEC. 1808. ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES WITH HIGH
CONCENTRATIONS OF CHILDREN WITH SEVERE
DISABILITIES.

(a) Repeal.--Subsection (g) of section 8003 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(g)) is repealed.
(b) Conforming Amendments.--(1) Section 8003 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703)
is amended by redesignating subsections (h) and (i) as
subsections (f) and (g), respectively.
(2) Section 426 of the General Education Provisions Act (20
U.S.C. 1228) is amended by striking ``subsections (d) and (g)
of section 8003 of such Act'' and inserting ``section 8003(d)
of such Act''.

SEC. 1809. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.

Section 8005(d) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7705(d)) is amended--
(1) in paragraph (2), by inserting after ``not more
than 60 days after a deadline established under
subsection (c)'' the following: ``, or not more than 60
days after the date on which the Secretary sends
written notice to the local educational agency pursuant
to paragraph (3)(A), as the case may be,''; and
(2) in paragraph (3) to read as follows:
``(3) Late applications.--
``(A) Notice.--The Secretary shall, as soon
as practicable after the deadline established
under subsection (c), provide to each local
educational agency that applied for a payment
under section 8002 or 8003 for the prior fiscal
year, and with respect to which the Secretary
has not received an application for a payment
under either such section (as the case may be)
for the fiscal year in question, written notice
of the failure to comply with the deadline and
instruction to ensure that the application is
filed not later than 60 days after the date on
which the Secretary sends the notice.
``(B) Acceptance and approval of late
applications.--The Secretary shall not accept
or approve any application of a local
educational agency that is filed more than 60
days after the date on which the Secretary
sends written notice to the local educational
agency pursuant to subparagraph (A).''.

SEC. 1810. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE
OF MILITARY DEPENDENTS.

Section 8006 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7706) is repealed.

SEC. 1811. CONSTRUCTION.

Section 8007 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7707) is amended to read as follows:

``SEC. 8007. CONSTRUCTION.

``(a) Construction Payments Authorized.--
``(1) In general.--From 40 percent of the amount
appropriated for each fiscal year under section
8014(e), the Secretary shall make payments in
accordance with this subsection to each local
educational agency that receives a basic support
payment under section 8003(b) for that fiscal year.
``(2) Additional requirements.--A local educational
agency that receives a basic support payment under
section 8003(b)(1) shall also meet at least one of the
following requirements:
``(A) The number of children determined
under section 8003(a)(1)(C) for the agency for
the preceding school year constituted at least
50 percent of the total student enrollment in
the schools of the agency during the preceding
school year.
``(B) The number of children determined
under subparagraphs (B) and (D)(i) of section
8003(a)(1) for the agency for the preceding
school year constituted at least 50 percent of
the total student enrollment in the schools of
the agency during the preceding school year.
``(3) Amount of payments.--
``(A) Local educational agencies impacted
by military dependent children.--The amount of
a payment to each local educational agency
described in this subsection that is impacted
by military dependent children for a fiscal
year shall be equal to--
``(i)(I) 20 percent of the amount
appropriated under section 8014(e) for
such fiscal year; divided by
``(II) the total number of weighted
student units of children described in
subparagraphs (B) and (D)(i) of section
8003(a)(1) for all local educational
agencies described in this subsection
(as calculated under section
8003(a)(2)), including the number of
weighted student units of such children
attending a school facility described
in section 8008(a) if the Secretary
does not provide assistance for the
school facility under that section for
the prior fiscal year; multiplied by
``(ii) the total number of such
weighted student units for the agency.
``(B) Local educational agencies impacted
by children who reside on indian lands.--The
amount of a payment to each local educational
agency described in this subsection that is
impacted by children who reside on Indian lands
for a fiscal year shall be equal to--
``(i)(I) 20 percent of the amount
appropriated under section 8014(e) for
such fiscal year; divided by
``(II) the total number of weighted
student units of children described in
section 8003(a)(1)(C) for all local
educational agencies described in this
subsection (as calculated under section
8003(a)(2)); multiplied by
``(ii) the total number of such
weighted student units for the agency.
``(4) Use of funds.--Any local educational agency
that receives funds under this subsection shall use
such funds for construction, as defined in section
8013(3).
``(b) School Facility Modernization Grants Authorized.--
``(1) In general.--From 60 percent of the amount
appropriated for each fiscal year under section
8014(e), the Secretary shall award grants in accordance
with this subsection to eligible local educational
agencies to enable the local educational agencies to
carry out modernization of school facilities.
``(2) Eligibility requirements.--A local
educational agency is eligible to receive funds under
this subsection only if--
``(A) such agency (or in the case of a
local educational agency that does not have the
authority to tax or issue bonds, such agency's
fiscal agent) has no capacity to issue bonds or
is at such agency's limit in bonded
indebtedness for the purposes of generating
funds for capital expenditures, except that a
local educational agency that is eligible to
receive funds under section 8003(b)(2) shall be
deemed to meet the requirements of this
subparagraph; and
``(B)(i) such agency received assistance
under section 8002(a) for the fiscal year and
has an assessed value of taxable property per
student in the school district that is less
than the average of the assessed value of
taxable property per student in the State in
which the local educational agency is located;
or
``(ii) such agency received assistance
under subsection (a) for the fiscal year and
has a school facility emergency, as determined
by the Secretary, that poses a health or safety
hazard to the students and school personnel
assigned to the school facility.
``(3) Award criteria.--In awarding grants under
this subsection the Secretary shall consider one or
more of the following factors:
``(A) The extent to which the local
educational agency lacks the fiscal capacity to
undertake the modernization project without
Federal assistance.
``(B) The extent to which property in the
local educational agency is nontaxable due to
the presence of the Federal Government.
``(C) The extent to which the local
educational agency serves high numbers or
percentages of children described in
subparagraphs (A), (B), (C), and (D) of section
8003(a)(1).
``(D) The need for modernization to meet--
``(i) the threat that the condition
of the school facility poses to the
health, safety, and well-being of
students;
``(ii) overcrowding conditions as
evidenced by the use of trailers and
portable buildings and the potential
for future overcrowding because of
increased enrollment; and
``(iii) facility needs resulting
from actions of the Federal Government.
``(E) The age of the school facility to be
modernized.
``(4) Other award provisions.--
``(A) Federal share.--The Federal funds
provided under this subsection to a local
educational agency described in subparagraph
(C) shall not exceed 50 percent of the total
cost of the project to be assisted under this
subsection. A local educational agency may use
in-kind contributions to meet the matching
requirement of the preceding sentence.
``(B) Maximum grant.--A local educational
agency described in subparagraph (C) may not
receive a grant under this subsection in an
amount that exceeds $3,000,000 during any 5-
year period.
``(C) Local educational agency described.--
A local educational agency described in this
subparagraph is a local educational agency that
has the authority to issue bonds but is at such
agency's limit in bonded indebtedness for the
purposes of generating funds for capital
expenditures.
``(5) Applications.--A local educational agency
that desires to receive a grant under this subsection
shall submit an application to the Secretary at such
time, in such manner, and accompanied by such
information as the Secretary may require. Each
application shall contain--
``(A) documentation certifying such
agency's lack of bonding capacity;
``(B) a listing of the school facilities to
be modernized, including the number and
percentage of children determined under section
8003(a)(1) in average daily attendance in each
school facility;
``(C) a description of the ownership of the
property on which the current school facility
is located or on which the planned school
facility will be located;
``(D) a description of any school facility
deficiency that poses a health or safety hazard
to the occupants of the school facility and a
description of how that deficiency will be
repaired;
``(E) a description of the modernization to
be supported with funds provided under this
subsection;
``(F) a cost estimate of the proposed
modernization; and
``(G) such other information and assurances
as the Secretary may reasonably require.
``(6) Emergency grants.--
``(A) Applications.--Each local educational
agency described in paragraph (2)(B)(ii) that
desires a grant under this subsection shall
include in the application submitted under
paragraph (5) a signed statement from an
appropriate local official certifying that a
health or safety deficiency exists.
``(B) Priority.--If the Secretary receives
more than one application from local
educational agencies described in paragraph
(2)(B)(ii) for grants under this subsection for
any fiscal year, the Secretary shall give
priority to local educational agencies based on
the severity of the emergency, as determined by
the Secretary, and when the application was
received.
``(C) Allocation; reporting requirement.--
``(i) Allocation.--In awarding
grants under this subsection to local
educational agencies described in
paragraph (2)(B)(ii), the Secretary
shall consider all applications
received from local educational
agencies that meet the requirement of
subsection (a)(2)(A) and local
educational agencies that meet the
requirement of subsection (a)(2)(B).
``(ii) Reporting requirement.--
``(I) In general.--Not
later than January 1 of each
year, the Secretary shall
prepare and submit to the
appropriate congressional
committees a report that
contains a justification for
each grant awarded under this
subsection for the prior fiscal
year.
``(II) Definition .--In
this clause, the term
`appropriate congressional
committees' means the Committee
on Appropriations and the
Committee on Education and the
Workforce of the House of
Representatives and the
Committee on Appropriations and
the Committee on Health,
Education, Labor, and Pensions
of the Senate.
``(D) Consideration for following year.--A
local educational agency described in paragraph
(2)(B)(ii) that applies for a grant under this
subsection for any fiscal year and does not
receive the grant shall have the application
for the grant considered for the following
fiscal year, subject to the priority described
in subparagraph (B).
``(7) Supplement not supplant.--An eligible local
educational agency shall use funds received under this
subsection only to supplement the amount of funds that
would, in the absence of such Federal funds, be made
available from non-Federal sources for the
modernization of school facilities used for educational
purposes, and not to supplant such funds.''.

SEC. 1812. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.

Section 8009 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7709) is amended--
(1) in subsection (a)(1), by striking ``or under''
and all that follows through ``of 1994)'';
(2) by amending subsection (b)(1) to read as
follows:
``(1) In general.--A State may reduce State aid to
a local educational agency that receives a payment
under section 8002 or 8003(b) (except the amount
calculated in excess of 1.0 under section
8003(a)(2)(B)) for any fiscal year if the Secretary
determines, and certifies under subsection (c)(3)(A),
that the State has in effect a program of State aid
that equalizes expenditures for free public education
among local educational agencies in the State.''; and
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter proceeding
subparagraph (A), by striking ``or
under'' and all that follows through
``of 1994)''; and
(ii) in subparagraph (B), by
striking ``or under'' and all that
follows through ``of 1994)''; and
(B) in paragraph (2), by striking ``or
under'' and all that follows through ``of
1994)''.

SEC. 1813. FEDERAL ADMINISTRATION.

Section 8010(c) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7710(c)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(3) in paragraph (2) (as redesignated)--
(A) in subparagraph (D), by striking
``section 5(d)(2) of the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such
section was in effect on the day preceding the
date of enactment of the Improving America's
Schools Act of 1994) or''; and
(B) in subparagraph (E)--
(i) by striking ``1994'' and
inserting ``1999'';
(ii) by striking ``(or such
section's predecessor authority)''; and
(iii) by striking ``paragraph (2)''
and inserting ``paragraph (1)''.

SEC. 1814. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

(a) Administrative Hearings.--
(1) In general.--Section 8011(a) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7711) is
amended by adding at the end before the period the
following: ``if the local educational agency or State,
as the case may be, submits to the Secretary a request
for the hearing not later than 60 days after the date
of the action of the Secretary under this title''.
(2) Effective date.--The amendment made by
paragraph (1) shall apply with respect to an action of
the Secretary under title VIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7701 et
seq.) initiated on or after the date of the enactment
of this Act.
(b) Judicial Review of Secretarial Action.--Section
8011(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7711(b)(1)) is amended by striking ``60 days''
and inserting ``30 working days (as determined by the local
educational agency or State)''.

SEC. 1815. FORGIVENESS OF OVERPAYMENTS.

The matter preceding paragraph (1) of section 8012 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7712)
is amended by striking ``under the Act'' and all that follows
through ``of 1994)'' and inserting ``under this title's
predecessor authorities''.

SEC. 1816. DEFINITIONS.

Section 8013 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7713) is amended--
(1) in paragraph (5)--
(A) in subparagraph (A)(iii)--
(I) in subclause (I), by
striking ``or'' after the
semicolon; and
(II) by adding at the end
the following:
``(III) used for affordable
housing assisted under the
Native American Housing
Assistance and Self-
Determination Act of 1996;
or''; and
(B) in subparagraph (F)(i), by striking
``the mutual'' and all that follows through
``1937'' and inserting ``or authorized by the
Native American Housing Assistance and Self-
Determination Act of 1996'';
(2) in paragraph (8)(B), by striking ``all States''
and inserting ``the 50 States and the District of
Columbia'';
(3) by redesignating paragraphs (11) and (12) as
paragraphs (12) and (13), respectively; and
(4) by inserting after paragraph (10) the
following:
``(11) Modernization.--The term `modernization'
means repair, renovation, alteration, or construction,
including--
``(A) the concurrent installation of
equipment; and
``(B) the complete or partial replacement
of an existing school facility, but only if
such replacement is less expensive and more
cost-effective than repair, renovation, or
alteration of the school facility.''.

SEC. 1817. AUTHORIZATION OF APPROPRIATIONS.

(a) Payments for Federal Acquisition of Real Property.--
Section 8014(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7714(a)) is amended--
(1) by striking ``$16,750,000 for fiscal year
1995'' and inserting ``$32,000,000 for fiscal year
2000''; and
(2) by striking ``four'' and inserting ``three''.
(b) Basic Payments.--Section 8014(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7714(b)) is
amended--
(1) by striking ``subsections (b) and (f) of
section 8003'' and inserting ``section 8003(b)'';
(2) by striking ``$775,000,000 for fiscal year
1995'' and inserting ``$809,400,000 for fiscal year
2000'';
(3) by striking ``four'' and inserting ``three'';
and
(4) by striking ``, of which 6 percent'' and all
that follows and inserting a period.
(c) Payments for Children With Disabilities.--Section
8014(c) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7714(c)) is amended--
(1) by striking ``$45,000,000 for fiscal year
1995'' and inserting ``$50,000,000 for fiscal year
2000''; and
(2) by striking ``four'' and inserting ``three''.
(d) Payments for Increases in Military Children.--
Subsection (d) of section 8014 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7714) is repealed.
(e) Construction.--Section 8014(e) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7714(e)) is
amended--
(1) by striking ``$25,000,000 for fiscal year
1995'' and inserting ``$10,052,000 for fiscal year
2000''; and
(2) by striking ``four'' and inserting ``three''.
(f) Facilities Maintenance.--Section 8014(f) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7714(f)) is amended--
(1) by striking ``$2,000,000 for fiscal year 1995''
and inserting ``$5,000,000 for fiscal year 2000''; and
(2) by striking ``four'' and inserting ``three''.
(g) Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition.--Section
8014(g) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7714(g)) is amended--
(1) in the heading, by striking ``Federal Property
Local Educational Agencies'' and inserting ``Local
Educational Agencies Impacted by Federal Property
Acquisition''; and
(2) by striking ``such sums as are necessary
beginning in fiscal year 1998 and for each succeeding
fiscal year'' and inserting ``$1,500,000 for fiscal
year 2000 and such sums as may be necessary for each of
the three succeeding fiscal years''.

SEC. 1818. EFFECTIVE DATE.

This title, and the amendments made by this title, shall
take effect on October 1, 2000, or the date of the enactment of
this Act, whichever occurs later.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2001''.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................... Redstone Arsenal.... $39,000,000
Alaska............................ Fort Richardson..... 3,000,000
Arizona........................... Fort Huachuca....... 4,600,000
Arkansas.......................... Pine Bluff Arsenal.. 2,750,000
California........................ Fort Irwin.......... 31,000,000
Presidio, Monterey.. 2,600,000
Georgia........................... Fort Benning........ 15,800,000
Fort Gordon......... 2,600,000
Hawaii............................ Pohakoula Training 32,000,000
Facility.
Schofield Barracks.. 43,800,000
Kansas............................ Fort Riley.......... 22,000,000
Kentucky.......................... Fort Knox........... 550,000
Maryland.......................... Fort Meade.......... 19,000,000
Missouri.......................... Fort Leonard Wood... 65,400,000
New Jersey........................ Picatinny Arsenal... 5,600,000
New York.......................... Fort Drum........... 18,000,000
North Carolina.................... Fort Bragg.......... 222,200,000
Sunny Point Army 2,300,000
Terminal.
Ohio.............................. Columbus............ 1,832,000
Pennsylvania...................... Carlisle Barracks... 10,500,000
New Cumberland Army 3,700,000
Depot.
Texas............................. Fort Bliss.......... 26,000,000
Fort Hood........... 36,492,000
Red River Army Depot 800,000
Virginia.......................... Fort Evans.......... 4,450,000
---------------
Total............. 615,974,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the locations
outside the United States, and in the amounts, set forth in the
following table:

Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................... Area Support Group, $11,650,000
Bamberg............
Area Support Group, 11,300,000
Darmstadt..........
Kaiserslautern...... 3,400,000
Mannheim............ 4,050,000
Korea............................. Camp Carroll........ 10,000,000
Camp Hovey.......... 30,200,000
Camp Humphreys...... 14,200,000
Camp Page........... 19,500,000
Yongpyong........... 11,850,000
Puerto Rico....................... Fort Buchanan....... 3,700,000
---------------
Total............. 119,850,000
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(3), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installation and location, and in the amount, set forth in the
following table:

Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide............. Classified Location. $11,000,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may construct
or acquire family housing units (including land acquisition) at
the installations, for the purposes, and in the amounts set
forth in the following table:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright............ 75 Units................. $24,000,000
Arizona................................. Fort Huachuca.............. 110 Units................ 16,224,000
California.............................. Fort Irwin................. 24 Units................. 4,700,000
Hawaii.................................. Schofield Barracks......... 72 Units................. 15,500,000
Kentucky................................ Fort Campbell.............. 184 Units................ 27,800,000
Maryland................................ Fort Detrick............... 48 Units................. 5,600,000
Missouri................................ Fort Leonard Wood.......... 24 Units................. 4,150,000
North Carolina.......................... Fort Bragg................. 160 Units................ 22,000,000
South Carolina.......................... Fort Jackson............... 1 Unit................... 250,000
Texas................................... Fort Bliss................. 64 Units................. 10,200,000
Virginia................................ Fort Lee................... 52 Units................. 8,600,000
Korea................................... Camp Humphreys............. 60 Units................. 21,800,000
Puerto Rico............................. Fort Buchanan.............. 31 Units................. 5,000,000
---------------
Total.................... ......................... 165,824,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $6,542,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(6)(A), the Secretary of the
Army may improve existing military family housing units in an
amount not to exceed $63,590,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2000, for military construction, land acquisition, and military
family housing functions of the Department of the Army in the
total amount of $1,925,344,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2101(a),
$419,374,000.
(2) For military construction projects outside the
United States authorized by section 2101(b),
$119,850,000.
(3) For a military construction project at an
unspecified worldwide location authorized by section
2101(c), $11,000,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $20,700,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $109,306,000.
(6) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$235,956,000.
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$971,704,000.
(7) For the construction of phase 1C of a barracks
complex, Infantry Drive, Fort Riley, Kansas, authorized
by section 2101(a) of the Military Construction Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2182), $10,000,000.
(8) For the construction of a railhead facility,
Fort Hood, Texas, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year
1999 (112 Stat. 2182), as amended by section 2106 of
this Act, $9,800,000.
(9) For the construction of a chemical defense
qualification facility, Pine Bluff Arsenal, Arkansas,
authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 825),
$2,592,000.
(10) For the construction of phase 1B of a barracks
complex, Wilson Street, Schofield Barracks, Hawaii,
authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2000
(113 Stat. 825), $22,400,000.
(11) For the construction of phase 2B of a barracks
complex, Tagaytay Street, Fort Bragg, North Carolina,
authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2000
(113 Stat. 825), $3,108,000.
(12) For the construction of phase 2 of a tactical
equipment shop, Fort Sill, Oklahoma, authorized by
section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (113 Stat. 825),
$10,100,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variations
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a);
(2) $22,600,000 (the balance of the amount
authorized under section 2101(a) for the construction
of a Basic Training Complex at Fort Leonard Wood,
Missouri);
(3) $10,000,000 (the balance of the amount
authorized under section 2101(a) for construction of a
Multipurpose Digital Training Range at Fort Hood,
Texas);
(4) $34,000,000 (the balance of the amount
authorized under section 2101(a) for construction of
phase I of a barracks complex, Longstreet Road, Fort
Bragg, North Carolina);
(5) $104,000,000 (the balance of the amount
authorized under section 2101(a) for the construction
phase I of a barracks complex, Bunter Road, Fort Bragg,
North Carolina);
(6) $6,000,000 (the balance of the amount
authorized under section 2101(a) for the construction
of a battle simulation center at Fort Drum, New York);
and
(7) $20,000,000 (the balance of the amount
authorized under section 2101(a) for the construction
of Saddle Access Road, Pohakuloa Training Facility,
Hawaii).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (12) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $635,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military construction outside the
United States; and
(2) $19,911,000 which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military family housing construction
and military family housing support outside the United
States.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2000 PROJECTS.

(a) Construction Projects Inside the United States.--The
table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 825) is amended--
(1) in the item relating to Fort Stewart, Georgia,
by striking ``$71,700,000'' in the amount column and
inserting ``$25,700,000'';
(2) by striking the item relating to Fort Riley,
Kansas;
(3) in the item relating to CONUS Various, by
striking ``$36,400,000'' in the amount column and
inserting ``$138,900,000''; and
(4) by striking the amount identified as the total
in the amount column and inserting ``$1,059,250,000''.
(b) Unspecified Minor Construction Projects.--Subsection
(a)(3) of section 2104 of the Military Construction
Authorization Act for Fiscal Year 2000 (113 Stat. 826) is
amended by striking ``$9,500,000'' and inserting
``$14,600,000''.
(c) Conforming Amendments.--Section 2104 of the Military
Construction Authorization Act for Fiscal Year 2000 is further
amended--
(1) in the matter preceding subsection (a), by
striking ``$2,353,231,000'' and inserting
``$2,358,331,000''; and
(2) in subsection (b), by striking paragraph (7)
and inserting the following new paragraph:
``(7) $102,500,000 (the balance of the amount
authorized under section 2101(a) for Army construction
and land acquisition projects covered under the item
relating to CONUS Various, as amended by section 2105
of the Military Construction Authorization Act for
Fiscal Year 2001).

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1999 PROJECTS.

(a) Modification.--The table in section 2101 of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2182) is amended--
(1) in the item relating to Fort Hood, Texas, by
striking ``$32,500,000'' in the amount column and
inserting ``$45,300,000'';
(2) in the item relating to Fort Riley, Kansas, by
striking ``$41,000,000'' in the amount column and
inserting ``$44,500,000''; and
(3) by striking the amount identified as the total
in the amount column and inserting ``$785,081,000''.
(b) Conforming Amendments.--Section 2104 of that Act (112
Stat. 2184) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by striking ``$2,098,713,000'' and inserting
``$2,111,513,000''; and
(B) in paragraph (1), by striking
``$609,781,000'' and inserting
``$622,581,000''; and
(2) in subsection (b)(7), by striking
``$24,500,000'' and inserting ``$28,000,000''.

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1998
PROJECT.

(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1967), as amended
by section 2105(a) of the Military Construction Authorization
Act for Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2185), is amended--
(1) in the item relating to Hunter Army Airfield,
Fort Stewart, Georgia, by striking ``$54,000,000'' in
the amount column and inserting ``$57,500,000''; and
(2) by striking the amount identified as the total
in the amount column and inserting ``$606,250,000''.
(b) Conforming Amendment.--Section 2104(b)(5) of the
Military Construction Authorization Act for Fiscal Year 1998
(111 Stat. 1969) is amended by striking ``$42,500,000'' and
inserting ``$46,000,000''.

SEC. 2108. AUTHORITY TO ACCEPT FUNDS FOR REALIGNMENT OF CERTAIN
MILITARY CONSTRUCTION PROJECT, FORT CAMPBELL,
KENTUCKY.

(a) Authority To Accept Funds.--(1) The Secretary of the
Army may accept funds from the Federal Highway Administration
or the Commonwealth of Kentucky for purposes of funding all
costs associated with the realignment of the military
construction project involving a rail connector located at Fort
Campbell, Kentucky, as authorized in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2763).
(2) Any funds accepted under paragraph (1) shall be
credited to the account of the Department of the Army from
which the costs of the realignment of the military construction
project described in that paragraph are to be paid.
(b) Use of Funds.--(1) The Secretary may use funds accepted
under subsection (a) for any costs associated with the
realignment of the military construction project described in
that subsection in addition to any amounts authorized and
appropriated for the military construction project.
(2) For purposes of paragraph (1), the costs associated
with the realignment of the military construction project
described in subsection (a) include redesign costs, additional
construction costs, additional costs due to construction delays
related to the realignment, and additional real estate costs.
(3) Funds accepted under subsection (a) shall remain
available for use under paragraph (1) until expended.

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................... Marine Corps Air $8,200,000
Station, Yuma.
Navy Detachment, 2,940,000
Camp Navajo.
California........................ Marine Corps Air- 23,870,000
Ground Combat
Center, Twentynine
Palms..............
Marine Corps Air 13,740,000
Station, Miramar...
Marine Corps Base, 8,100,000
Camp Pendleton.....
Marine Corps 6,660,000
Logistics Base,
Barstow............
Naval Air Station, 12,050,000
Lemoore.
Naval Air Warfare 11,400,000
Center Weapons
Division, Point
Mugu...............
Naval Aviation 4,340,000
Depot, North Island
Naval Facility, San 8,860,000
Clemente Island....
Naval Postgraduate 5,280,000
School, Monterey...
Naval Ship Weapons 10,200,000
Systems Engineering
Station, Port
Hueneme............
Naval Station, San 53,200,000
Diego.
Connecticut....................... Naval Submarine 3,100,000
Base, New London...
CONUS Various..................... CONUS Various....... 11,500,000
District of Columbia.............. Marine Corps 24,597,000
Barracks.
Naval District, 2,450,000
Washington.
Naval Research 12,390,000
Laboratory,
Washington.........
Florida........................... Naval Air Station, 5,130,000
Whiting Field.
Naval Surface 9,960,000
Warfare Center
Wastal Systems
Station, Panama
City...............
Naval Station, 6,830,000
Mayport.
Naval Surface 3,570,000
Warfare Center
Detachment, Ft.
Lauderdale.........
Georgia........................... Marine Corps 1,100,000
Logistics Base,
Albany.............
Navy Supply Corps 2,950,000
School, Athens.....
Trident Refit 5,200,000
Facility, Kings Bay.
Hawaii............................ Fleet Industrial 12,000,000
Supply Center,
Pearl Harbor.......
Naval Undersea 2,100,000
Weapons Station
Detachment,
Lualualei..........
Marine Corps Air 18,400,000
Station, Kaneohe...
Naval Station, Pearl 37,600,000
Harbor.
Illinois.......................... Naval Training 121,400,000
Center, Great Lakes
Maine............................. Naval Air Station, 2,450,000
Brunswick.
Naval Shipyard, 4,960,000
Portsmouth.
Maryland.......................... Naval Explosive 6,430,000
Ordinance Disposal
Technology Center,
Indian Head........
Naval Air Station, 8,240,000
Patuxent River.....
Mississippi....................... Naval Air Station, 4,700,000
Meridian.
Naval Oceanographic 6,950,000
Office, Stennis
Space Center.......
Nevada............................ Naval Air Station, 6,280,000
Fallon.
New Jersey........................ Naval Weapons 2,420,000
Station, Earle.
North Carolina.................... Marine Corps Air 8,480,000
Station, Cherry
Point..............
Marine Corps Air 3,400,000
Station, New River.
Marine Corps Base, 45,870,000
Camp Lejeune.......
Naval Aviation 7,540,000
Depot, Cherry Point
Pennsylvania...................... Naval Surface 10,680,000
Warfare Center
Shipyard Systems
Engineering
Station,
Philadelphia.......
Rhode Island...................... Naval Undersea 4,150,000
Warfare Center
Division, Newport..
South Carolina.................... Marine Corps Air 3,140,000
Station, Beaufort..
Marine Corps Recruit 2,660,000
Depot, Parris
Island.............
Texas............................. Naval Air Station, 4,850,000
Corpus Christi.....
Naval Air Station, 2,670,000
Kingsville.
Naval Station, 2,420,000
Ingleside.
Virginia.......................... AEGIS Combat Systems 3,300,000
Center, Wallops
Island.............
Marine Corps Combat 8,590,000
Development
Command, Quantico..
Naval Air Station, 31,450,000
Norfolk.
Naval Air Station, 5,250,000
Oceana.
Naval Amphibious 2,830,000
Base, Little Creek.
Naval Shipyard, 16,100,000
Norfolk, Portsmouth
Naval Station, 4,700,000
Norfolk.
Naval Surface 30,700,000
Warfare Center,
Dahlgren...........
Washington........................ Naval Shipyard, 100,740,000
Bremerton, Puget
Sound..............
Naval Station, 11,930,000
Bremerton..........
Naval Station, 5,500,000
Everett............
Naval Submarine 4,600,000
Base, Bangor.......
Strategic Weapons 1,400,000
Facility Pacific,
Bremerton..........
---------------
Total:............ 811,497,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the locations
outside the United States, and in the amounts, set forth in the
following table:

Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................... Administrative $19,400,000
Support Unit.
Italy............................. Naval Air Station, 32,969,000
Sigonella.
Naval Support 15,000,000
Activity, Naples.
Various Locations................. Host Nation 142,000
Infrastructure
Support............
---------------
Total:............ 67,511,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may construct
or acquire family housing units (including land acquisition) at
the installations, for the purposes, and in the amounts set
forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Marine Corps Air-Ground 79 Units................. $13,923,000
Combat Center, Twentynine
Palms.....................
Naval Air Station, Lemoore. 260 Units................ 47,871,000
Hawaii.................................. Commander Naval Base, Pearl 112 Units................ 23,654,000
Harbor....................
Commander Naval Base, Pearl 62 Units................. 14,237,000
Harbor....................
Commander Naval Base, Pearl 98 Units................. 22,230,000
Harbor....................
Marine Corps Air Station, 84 Units................. 21,910,000
Kaneohe Bay...............
Louisiana............................... Naval Air Station, New 34 Units................. 5,000,000
Orleans...................
Maine................................... Naval Air Station, 168 Units................ 18,722,000
Brunswick.................
Mississippi............................. Naval Construction 157 Units................ 20,700,000
Battalion Center, Gulfport
Washington.............................. Naval Air Station, Whidbey 98 Units................. 16,873,000
Island....................
---------------
Total:................. 205,120,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
military family housing units in an amount not to exceed
$19,958,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(5)(A), the Secretary of the
Navy may improve existing military family housing units in an
amount not to exceed $193,077,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1997
PROJECT AT MARINE CORPS COMBAT DEVELOPMENT COMMAND,
QUANTICO, VIRGINIA.

The Secretary of the Navy may carry out a military
construction project involving infrastructure development at
the Marine Corps Combat Development Command, Quantico,
Virginia, in the amount of $8,900,000, using amounts
appropriated pursuant to the authorization of appropriations in
section 2204(a)(1) of the Military Construction Authorization
Act for Fiscal Year 1997 (division B of Public Law 104-201; 110
Stat. 2769) for a military construction project involving a
sanitary landfill at that installation, as authorized by
section 2201(a) of that Act (110 Stat. 2767) and extended by
section 2702 of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat.
842) and section 2703 of this Act.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................... Maxwell Air Force $3,825,000
Base.
Alaska............................ Cape Romanzof....... 3,900,000
Eielson Air Force 40,990,000
Base.
Elmendorf Air Force 35,186,000
Base.
Arizona........................... Davis-Monthan Air 7,900,000
Force Base.........
Arkansas.......................... Little Rock Air 18,319,000
Force Base.........
California........................ Beale Air Force Base 10,099,000
Los Angeles Air 6,580,000
Force Base.
Vandenberg Air Force 4,650,000
Base.
Colorado.......................... Buckley Air National 2,750,000
Guard Base.........
Peterson Air Force 22,396,000
Base.
Schriever Air Force 8,450,000
Base.
United States Air 18,960,000
Force Academy......
CONUS Classified.................. Classified Location. 1,810,000
District of Columbia.............. Bolling Air Force 4,520,000
Base.
Florida........................... Eglin Air Force Base 8,940,000
Eglin Auxiliary 7,960,000
Field 9.
Patrick Air Force 12,970,000
Base.
Tyndall Air Force 31,495,000
Base.
Georgia........................... Fort Stewart/Hunter 4,920,000
Army Air Field.....
Moody Air Force Base 11,318,000
Robins Air Force 15,857,000
Base.
Hawaii............................ Hickam Air Force 4,620,000
Base.
Idaho............................. Mountain Home Air 10,125,000
Force Base.........
Illinois.......................... Scott Air Force Base 3,830,000
Kansas............................ McConnell Air Force 11,864,000
Base.
Louisiana......................... Barksdale Air Force 20,464,000
Base.
Massachusetts..................... Hanscom Air Force 12,000,000
Base.
Mississippi....................... Columbus Air Force 4,828,000
Base.
Keesler Air Force 15,040,000
Base.
Missouri.......................... Whiteman Air Force 12,050,000
Base.
Montana........................... Malmstrom Air Force 11,179,000
Base.
New Jersey........................ McGuire Air Force 29,772,000
Base.
New Mexico........................ Cannon Air Force 4,934,000
Base.
Holloman Air Force 18,380,000
Base.
Kirtland Air Force 7,350,000
Base.
North Carolina.................... Pope Air Force Base. 24,570,000
Seymour Johnson Air 7,141,000
Force Base.........
Ohio.............................. Wright-Patterson Air 37,508,000
Force Base.........
Oklahoma.......................... Altus Air Force Base 2,939,000
Tinker Air Force 26,895,000
Base.
Vance Air Force Base 10,504,000
South Carolina.................... Charleston Air Force 22,238,000
Base.
Shaw Air Force Base. 8,102,000
South Dakota...................... Ellsworth Air Force 10,290,000
Base.
Texas............................. Dyess Air Force Base 24,988,000
Lackland Air Force 10,330,000
Base.
Laughlin Air Force 11,973,000
Base.
Sheppard Air Force 6,450,000
Base.
Utah.............................. Hill Air Force Base. 28,050,000
Virginia.......................... Langley Air Force 19,650,000
Base.
Washington........................ Fairchild Air Force 7,926,000
Base.
McChord Air Force 10,250,000
Base.
Wyoming........................... F.E. Warren Air 25,720,000
Force Base.
---------------
Total:............ 745,755,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:

Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Diego Garcia...................... Diego Garcia........ $5,475,000
Italy............................. Aviano Air Base..... 8,000,000
Korea............................. Kunsan Air Base..... 6,400,000
Osan Air Base....... 21,948,000
Spain............................. Naval Station, Rota. 5,052,000
Turkey............................ Incirlik Air Base... 1,000,000
---------------
Total:............ 47,875,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in the
amounts set forth in the following table:

Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Edwards Air Force Base..... 57 Units................. $9,870,000
Travis Air Force Base...... 64 Units................. 9,870,000
District of Columbia.................... Bolling Air Force Base..... 136 Units................ 17,137,000
Idaho................................... Mountain Home Air Force 119 Units................ 10,598,000
Base......................
Nevada.................................. Nellis Air Force Base...... 26 Units................. 5,000,000
North Dakota............................ Cavalier Air Force Station. 2 Units.................. 443,000
Minot Air Force Base....... 134 Units................ 19,097,000
---------------
Total:................. 72,015,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
military family housing units in an amount not to exceed
$12,760,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a)(5)(A), the Secretary of the
Air Force may improve existing military family housing units in
an amount not to exceed $174,046,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Chemical Demilitarization......... Aberdeen Proving $3,100,000
Ground.............
Defense Education Activity........ Camp Lejeune, North 5,914,000
Carolina...........
Laurel Bay, South 804,000
Carolina...........
Defense Logistics Agency.......... Defense Distribution 17,700,000
Depot Susquehanna,
New Cumberland,
Pennsylvania.......
Defense Fuel Support 5,700,000
Point, Cherry
Point, North
Carolina...........
Defense Fuel Support 16,956,000
Point, MacDill Air
Force Base, Florida
Defense Fuel Support 11,000,000
Point, McConnell
Air Force Base,
Kansas.............
Defense Fuel Support 5,000,000
Point, Naval Air
Station, Fallon,
Nevada.............
Defense Fuel Support 5,900,000
Point, North
Island, California.
Defense Fuel Support 2,000,000
Point, Oceana Naval
Air Station,
Virginia...........
Defense Fuel Support 8,300,000
Point, Patuxent
River, Maryland....
Defense Fuel Support 2,200,000
Point, Twentynine
Palms, California..
Defense Supply 4,500,000
Center, Richmond,
Virginia...........
National Security Agency.......... Fort Meade, Maryland 4,228,000
Special Operations Command........ Eglin Auxiliary 23,204,000
Field 9, Florida...
Fleet Combat 5,500,000
Training Center,
Dam Neck, Virginia.
Fort Bragg, North 8,600,000
Carolina...........
Fort Campbell, 16,300,000
Kentucky...........
Naval Air Station, 1,350,000
North Island,
California.........
Naval Air Station, 3,400,000
Oceana, Virginia...
Naval Amphibious 4,300,000
Base, Coronado,
California.........
Naval Amphibious 5,400,000
Base, Little Creek,
Virginia...........
Pearl Harbor, Hawaii 9,900,000
TRICARE Management Activity....... Edwards Air Force 17,900,000
Base, California...
Marine Corps Base, 14,150,000
Camp Pendleton,
California.........
Eglin Air Force 37,600,000
Base, Florida......
Fort Drum, New York. 1,400,000
Patrick Air Force 2,700,000
Base, Florida......
Tyndall Air Force 7,700,000
Base, Florida......
William Beaumont 4,200,000
Medical Center,
Texas..............
---------------
Total:............ 256,906,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:

Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity........ Hanau, Germany...... $2,030,000
Hohenfels, Germany.. 13,774,000
Osan, Korea......... 892,000
Royal Air Force, 1,800,000
Feltwell, United
Kingdom............
Royal Air Force, 5,650,000
Lakenheath, United
Kingdom............
Schweinfurt, Germany 1,750,000
Seoul, Korea........ 2,451,000
Sigonella, Italy.... 3,450,000
Taegu, Korea........ 806,000
Wuerzburg, Germany.. 2,635,000
Defense Finance and Accounting Kleber Kaserne, 7,500,000
Service.......................... Germany............
Defense Logistics Agency.......... Defense Fuel Support 36,000,000
Point, Andersen Air
Force Base, Guam...
Defense Fuel Support 22,400,000
Point, Marine Corps
Air Station,
Iwakuni, Japan.....
Defense Fuel Support 26,400,000
Point, Misawa Air
Base, Japan........
Defense Fuel Support 10,000,000
Point, Royal Air
Force, Mildenhall,
United Kingdom.....
Defense Fuel Support 16,300,000
Point, Sigonella,
Italy..............
Defense Threat Reduction Agency... Darmstadt, Germany.. 2,450,000
Special Operations Command........ Roosevelt Roads, 1,241,000
Puerto Rico........
Taegu, Korea........ 1,450,000
TRICARE Management Agency......... Kitzingen, Germany.. 1,400,000
Wiesbaden Air Base, 7,187,000
Germany............
---------------
Total:............ 167,566,000
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(3), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations and locations, and in the amounts, set forth in
the following table:

Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide............. Unspecified $451,135,000
Worldwide..........
------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of Defense
may carry out energy conservation projects under section 2865
of title 10, United States Code, in the amount of $15,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years beginning
after September 30, 2000, for military construction, land acquisition,
and military family housing functions of the Department of Defense
(other than the military departments), in the total amount of
$1,883,902,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$256,906,000.
(2) For military construction projects outside the
United States authorized by section 2401(b),
$167,566,000.
(3) For military construction projects at
unspecified worldwide locations authorized by section
2401(c), $85,095,000.
(4) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$17,390,000.
(5) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $6,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $77,505,000.
(7) For energy conservation projects authorized by
section 2402 of this Act, $15,000,000.
(8) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), $1,024,369,000.
(9) For military family housing functions, for
support of military housing (including functions
described in section 2833 of title 10, United States
Code), $44,886,000 of which not more than $38,478,000
may be obligated or expended for the leasing of
military family housing units worldwide.
(10) For the construction of an ammunition
demilitarization facility, Pine Bluff Arsenal,
Arkansas, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337; 108 Stat. 3040), as
amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 539), section 2408 of the
Military Construction Authorization Act for Fiscal Year
1998 (division B of Public Law 105-85; 111 Stat. 1982),
and section 2406 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2197), $43,600,000.
(11) For the construction of phase 6 of an
ammunition demilitarization facility, Umatilla Army
Depot, Oregon, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year
1995, as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996,
section 2408 of the Military Construction Authorization
Act for Fiscal Year 1998, and section 2406 of the
Military Construction Authorization Act for Fiscal Year
1999, $9,400,000.
(12) For the construction of phase 2 of an
ammunition demilitarization facility, Pueblo Army
Depot, Colorado, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104-201; 110 Stat.
2775), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839),
$10,700,000.
(13) For the construction of phase 3 of an
ammunition demilitarization facility, Newport Army
Depot, Indiana, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year
1999 (112 Stat. 2193), $54,400,000.
(14) For the construction of phase 3 of an
ammunition demilitarization facility, Aberdeen Proving
Ground, Maryland, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year
1999, $45,700,000.
(15) For construction of a replacement hospital at
Fort Wainwright, Alaska, authorized by section 2401(a)
of the Military Construction Authorization Act for
Fiscal Year 2000 (113 Stat. 836), $44,000,000.
(16) For the construction of the Ammunition
Demilitarization Support Phase 2, Blue Grass Army
Depot, Kentucky, authorized by section 2401(a) of the
Military Construction Act for Fiscal Year 2000,
$8,500,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variations
authorized by law, the total cost of all projects carried out
under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a); and
(2) $366,040,000 (the balance of the amount
authorized under section 2401(c) for construction of
National Missile Defense Initial Deployment Facilities,
Unspecified Worldwide locations).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (16) of
subsection (a) is the sum of the amounts authorized to be
appropriated by such paragraphs, reduced by--
(1) $7,115,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military construction outside the
United States; and
(2) $20,000,000, which represents the combination
of project savings in military construction for
chemical demilitarization resulting from favorable
bids, reduced overhead charges, and cancellations due
to force structure changes.

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1990 PROJECT.

(a) Modification.--Section 2401(a) of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 101-189), as amended by section 2407
of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105-261; 112 Stat. 2197), is
amended in the item relating to Portsmouth Naval Hospital,
Virginia, by striking ``$351,354,000'' and inserting
``$359,854,000''.
(b) Conforming Amendment.--Section 2405(b)(2) of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991, as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1999, is amended
by striking ``$342,854,000'' and inserting ``$351,354,000''.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment program
as provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to be
appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a
result of construction previously financed by the United
States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2000, for contributions by
the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of
projects for the North Atlantic Treaty Organization Security
Investment program authorized by section 2501, in the amount of
$172,000,000.

TITLE XXVI--GUARD AND RESERVE FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authority to contribute to construction of airport tower,
Cheyenne Airport, Cheyenne, Wyoming.

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

There are authorized to be appropriated for fiscal years
beginning after September 30, 2000, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title 10,
United States Code (including the cost of acquisition of land
for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the
United States, $266,531,000; and
(B) for the Army Reserve, $108,738,000.
(2) For the Department of the Navy, for the Naval
and Marine Corps Reserve, $62,073,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the
United States, $194,929,000; and
(B) for the Air Force Reserve, $36,591,000.

SEC. 2602. AUTHORITY TO CONTRIBUTE TO CONSTRUCTION OF AIRPORT TOWER,
CHEYENNE AIRPORT, CHEYENNE, WYOMING.

The Secretary of the Air Force may use up to $1,450,000 of
the amounts appropriated pursuant to the authorization of
appropriations in section 2601(3)(A) to make a contribution to
the Cheyenne Airport Authority, consistent with applicable
agreements, to the costs of construction of a new airport tower
at Cheyenne Airport, Cheyenne, Wyoming.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained in
titles XXI through XXVI for military construction projects,
land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor) shall expire on the later of--
(1) October 1, 2003; or
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2004.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2003; or
(2) the date of the enactment of an Act authorizing
funds for fiscal year 2004 for military construction
projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic
Treaty Organization Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1998
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1984),
authorizations set forth in the tables in subsection (b), as
provided in section 2102, 2202, or 2302 of that Act, shall
remain in effect until October 1, 2001, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2002, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:

Army: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland............................... Fort Meade................ Family Housing Construction $7,900,000
(56 units)................
Texas.................................. Fort Hood................. Family Housing Construction 18,800,000
(130 units)...............
----------------------------------------------------------------------------------------------------------------

Navy: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................. Naval Complex, San Diego.. Replacement Family Housing $13,500,000
Construction (94 units)...
California............................. Marine Corps Air Station, Family Housing Construction 28,881,000
Miramar.................. (166 units)...............
California............................. Marine Corps Air-Ground Replacement Family Housing 23,891,000
Combat Center, Twentynine Construction (132 units)..
Palms....................
Louisiana.............................. Naval Complex, New Orleans Replacement Family Housing 11,930,000
Construction (100 units)..
Texas.................................. Naval Air Station, Corpus Family Housing Construction 22,250,000
Christi.................. (212 units)...............
Washington............................. Naval Air Station, Whidbey Replacement Family Housing 16,000,000
Island................... Construction (102 units)..
----------------------------------------------------------------------------------------------------------------

Air Force: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Georgia................................ Robins Air Force Base..... Replace Family Housing (60 $6,800,000
units)....................
Idaho.................................. Mountain Home Air Force Replace Family Housing (60 11,032,000
Base..................... units)....................
New Mexico............................. Kirtland Air Force Base... Replace Family Housing (180 20,900,000
units)....................
Texas.................................. Dyess Air Force Base...... Construct Family Housing 10,503,000
(70 units)................
----------------------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1997
PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2782),
authorizations set forth in the tables in subsection (b), as
provided in section 2201, 2202, or 2601 of that Act and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 842), shall remain in effect until
October 1, 2001, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2002, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:

Navy: Extension of 1997 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida................................ Navy Station, Mayport..... Family Housing Construction $10,000,000
(100 units)...............
North Carolina......................... Marine Corps Base, Camp Family Housing Construction 10,110,000
Lejuene.................. (94 units)................
South Carolina......................... Marine Corps Air Station, Family Housing Construction 14,000,000
Beaufort................. (140 units)...............
Texas.................................. Naval Complex, Corpus Family Housing Replacement 11,675,000
Christi.................. (104 units)...............
Naval Air Station, Family Housing Replacement 7,550,000
Kingsville............... (48 units)................
Virginia............................... Marine Corps Combat Sanitary landfill.......... 8,900,000
Development Command,
Quantico.................
Washington............................. Naval Station, Everett.... Family Housing Construction 15,015,000
(100 units)...............
----------------------------------------------------------------------------------------------------------------

Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi............................. Camp Shelby................ Multipurpose Range $5,000,000
Complex (Phase II)......
----------------------------------------------------------------------------------------------------------------

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 2000; or
(2) the date of the enactment of this Act.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Subtitle B--Real Property and Facilities Administration

Subtitle C--Defense Base Closure and Realignment

Sec. 2821. Scope of agreements to transfer property to redevelopment
authorities without consideration under the base closure laws.

Subtitle D--Land Conveyances

Part I--Army Conveyances

Part II--Navy Conveyances

Part III--Air Force Conveyances

Part IV--Other Conveyances

Sec. 2871. Land conveyance, Army and Air Force Exchange Service
property, Farmers Branch, Texas.
Sec. 2872. Land conveyance, former National Ground Intelligence Center,
Charlottesville, Virginia.

Subtitle E--Other Matters

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. JOINT USE MILITARY CONSTRUCTION PROJECTS.

(a) Sense of Congress on Joint Use Projects.--It is the
sense of Congress that when the Secretary of Defense assists
the President in preparing the budget for the Department of
Defense for a fiscal year for submission to Congress under
section 1105 of title 31, United States Code, the Secretary of
Defense should--
(1) seek to identify military construction projects
that are suitable as joint use military construction
projects;
(2) specify in the budget for the fiscal year the
military construction projects that are identified
under paragraph (1); and
(3) give priority in the budget for the fiscal year
to the military construction projects specified under
paragraph (2).
(b) Annual Evaluation of Joint Use Projects.--(1)
Subchapter I of chapter 169 of title 10, United States Code, is
amended by adding at the end the following new section:

``Sec. 2815. Joint use military construction projects: annual
evaluation

``(a) Joint Use Military Construction Project Defined.--In
this section, the term `joint use military construction
project' means a military construction project for a facility
intended to be used by--
``(1) both the active and a reserve component of a
single armed force; or
``(2) two or more components (whether active or
reserve components) of the armed forces.
``(b) Annual Evaluation.--In the case of the budget
submitted under section 1105 of title 31 for fiscal year 2003
and each fiscal year thereafter, the Secretary of Defense shall
include in the budget justification materials submitted to
Congress in support of the budget a certification by each
Secretary concerned that, in evaluating military construction
projects for inclusion in the budget for that fiscal year, the
Secretary concerned evaluated the feasibility of carrying out
the projects as joint use military construction projects.''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:

``2815. Joint use military construction projects: annual evaluation.''.

SEC. 2802. EXCLUSION OF CERTAIN COSTS FROM DETERMINATION OF
APPLICABILITY OF LIMITATION ON USE OF FUNDS FOR
IMPROVEMENT OF FAMILY HOUSING.

Section 2825(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph
(4); and
(2) by inserting after paragraph (2) the following
new paragraph (3):
``(3) In determining the applicability of the limitation
contained in paragraph (1), the Secretary concerned shall not
include as part of the cost of the improvement of the unit or
units concerned the following:
``(A) The cost of the installation of
communications, security, or antiterrorism equipment
required by an occupant of the unit or units to perform
duties assigned to the occupant as a member of the
armed forces.
``(B) The cost of the maintenance or repair of
equipment described in subparagraph (A) installed for
the purpose specified in such subparagraph.''.

SEC. 2803. REVISION OF SPACE LIMITATIONS FOR MILITARY FAMILY HOUSING.

(a) In General.--(1) Section 2826 of title 10, United
States Code, is amended to read as follows:

``Sec. 2826. Military family housing: local comparability of room
patterns and floor areas

``(a) Local Comparability.--In the construction,
acquisition, and improvement of military family housing, the
Secretary concerned shall ensure that the room patterns and
floor areas of military family housing in a particular locality
(as designated by the Secretary concerned for purposes of this
section) are similar to room patterns and floor areas of
similar housing in the private sector in that locality.
``(b) Requests for Authority for Military Family Housing.--
(1) In submitting to Congress a request for authority to carry
out the construction, acquisition, or improvement of military
family housing, the Secretary concerned shall include in the
request information on the net floor area of each unit of
military family housing to be constructed, acquired, or
improved under the authority.
``(2) In this subsection, the term `net floor area', in the
case of a military family housing unit, means the total number
of square feet of the floor space inside the exterior walls of
the unit, excluding the floor area of an unfinished basement,
an unfinished attic, a utility space, a garage, a carport, an
open or insect-screened porch, a stairwell, and any space used
for a solar-energy system.''.
(2) The table of sections at the beginning of subchapter II
of chapter 169 of that title is amended by striking the item
relating to section 2826 and inserting the following new item:

``2826. Military family housing: local comparability of room patterns
and floor areas.''.
(b) Effective Date.--(1) The amendments made by subsection
(a) shall take effect on October 1, 2001, but the Secretary of
Defense shall anticipate the requirements of section 2826 of
title 10, United States Code, as added by such subsection, when
preparing the budget request for new construction, acquisition,
or improvement of military family housing for fiscal year 2002.
(2) Section 2826 of title 10, United States Code, as in
effect on September 30, 2001, shall continue to apply with
respect to the construction, acquisition, or improvement of
military family housing commenced on or before that date.

SEC. 2804. MODIFICATION OF LEASE AUTHORITY FOR HIGH-COST MILITARY
FAMILY HOUSING.

(a) Leases for United States Southern Command.--Paragraph
(4) of section 2828(b) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new
subparagraphs:
``(B) The amount of all leases under this paragraph may not
exceed $280,000 per year, as adjusted from time to time under
paragraph (6).
``(C) The term of any lease under this paragraph may not
exceed 5 years.''.
(b) Annual Adjustment of Maximum Lease Amounts.--Such
section is further amended by striking paragraph (5) and
inserting the following new paragraphs:
``(5) At the beginning of each fiscal year, the Secretary
concerned shall adjust the maximum lease amount provided for
leases under paragraphs (2) and (3) for the previous fiscal
year by the percentage (if any) by which the national average
monthly cost of housing (as calculated for purposes of
determining rates of basic allowance for housing under section
403 of title 37) for the preceding fiscal year exceeds the
national average monthly cost of housing (as so calculated) for
the fiscal year before such preceding fiscal year.
``(6) At the beginning of each fiscal year, the Secretary
of the Army shall adjust the maximum aggregate amount for
leases under paragraph (4) for the previous fiscal year by the
percentage (if any) by which the annual average cost of housing
for the Miami Military Housing Area (as calculated for purposes
of determining rates of basic allowance for housing under
section 403 of title 37) for the preceding fiscal year exceeds
the annual average cost of housing for the Miami Military
Housing Area (as so calculated) for the fiscal year before such
preceding fiscal year.''.
(c) Conforming Amendments.--Such section is further
amended--
(1) in paragraph (2), by inserting after ``per
year'' the following: ``, as adjusted from time to
under paragraph (5)''; and
(2) in paragraph (3), by striking ``$12,000 per
unit per year but does not exceed $14,000 per unit per
year'' and inserting ``the maximum amount per unit per
year in effect under paragraph (2) but does not exceed
$14,000 per unit per year, as adjusted from time to
time under paragraph (5)''.

SEC. 2805. PROVISION OF UTILITIES AND SERVICES UNDER ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.

(a) Authority To Furnish on Reimbursable Basis.--Subchapter
IV of chapter 169 of title 10, United States Code, is amended
by inserting after section 2872 the following new section:

``Sec. 2872a. Utilities and services

``(a) Authority To Furnish.--The Secretary concerned may
furnish utilities and services referred to in subsection (b) in
connection with any military housing acquired or constructed
pursuant to the exercise of any authority or combination of
authorities under this subchapter if the military housing is
located on a military installation.
``(b) Covered Utilities and Services.--The utilities and
services that may be furnished under subsection (a) are the
following:
``(1) Electric power.
``(2) Steam.
``(3) Compressed air.
``(4) Water.
``(5) Sewage and garbage disposal.
``(6) Natural gas.
``(7) Pest control.
``(8) Snow and ice removal.
``(9) Mechanical refrigeration.
``(10) Telecommunications service.
``(c) Reimbursement.--(1) The Secretary concerned shall be
reimbursed for any utilities or services furnished under
subsection (a).
``(2) The amount of any cash payment received under
paragraph (1) shall be credited to the appropriation or working
capital account from which the cost of furnishing the utilities
or services concerned was paid. Amounts so credited to an
appropriation or account shall be merged with funds in such
appropriation or account, and shall be available to the same
extent, and subject to the same terms and conditions, as such
funds.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 2872 the following new item:

``2872a. Utilities and services.''.

SEC. 2806. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.

Section 2885 of title 10, United States Code, is amended by
striking ``February 10, 2001'' and inserting ``December 31,
2004''.

SEC. 2807. EXPANSION OF DEFINITION OF ARMORY TO INCLUDE READINESS
CENTERS.

(a) Definition.--Section 18232(3) of title 10, United
States Code, is amended--
(1) in the first sentence, by striking ``The term
`armory' means'' and inserting ``The terms `armory' and
`readiness center' mean''; and
(2) in the second sentence, by striking ``It
includes'' and inserting ``Such terms include''.
(b) Conforming Amendments.--(1) Section 18232(2) of such
title is amended by striking ``armory or other structure'' and
inserting ``armory, readiness center, or other structure''.
(2) Section 18236(b) of such title by inserting ``or
readiness center'' after ``armory''.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. INCREASE IN THRESHOLD FOR NOTICE AND WAIT REQUIREMENTS FOR
REAL PROPERTY TRANSACTIONS.

(a) Increased Threshold.--Section 2662 of title 10, United
States Code, is amended by striking ``$200,000'' each place it
appears and inserting ``$500,000''.
(b) Reference to Simplified Acquisition Threshold.--
Subsection (b) of such section is amended by striking ``under
section 2304(g) of this title'' and inserting ``specified in
section 4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11)),''.

SEC. 2812. ENHANCEMENT OF AUTHORITY OF MILITARY DEPARTMENTS TO LEASE
NON-EXCESS PROPERTY.

(a) Property Available for Lease.--Subsection (a) of
section 2667 of title 10, United States Code, is amended--
(1) by inserting ``and'' at the end of paragraph
(1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph
(2).
(b) Acceptance of In-Kind Consideration.--Such section is
further amended--
(1) in subsection (b)(5)--
(A) by striking ``improvement, maintenance,
protection, repair, or restoration,'' and
inserting ``alteration, repair, or
improvement,''; and
(B) by striking ``, or of the entire unit
or installation where a substantial part of it
is leased,'';
(2) by transferring subsection (c) to the end of
the section and redesignating such subsection, as so
transferred, as subsection (i);
(3) by inserting after subsection (b) the following
new subsection (c):
``(c)(1) In addition to any in-kind consideration accepted
under subsection (b)(5), in-kind consideration accepted with
respect to a lease under this section may include the
following:
``(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities under the
control of the Secretary concerned.
``(B) Construction of new facilities for the
Secretary concerned.
``(C) Provision of facilities for use by the
Secretary concerned.
``(D) Facilities operation support for the
Secretary concerned.
``(E) Provision of such other services relating to
activities that will occur on the leased property as
the Secretary concerned considers appropriate.
``(2) In-kind consideration under paragraph (1) may be
accepted at any property or facilities under the control of the
Secretary concerned that are selected for that purpose by the
Secretary concerned.
``(3) Sections 2662 and 2802 of this title shall not apply
to any new facilities whose construction is accepted as in-kind
consideration under this subsection.
``(4) In the case of a lease for which all or part of the
consideration proposed to be accepted by the Secretary
concerned under this subsection is in-kind consideration with a
value in excess of $500,000, the Secretary concerned may not
enter into the lease until 30 days after the date on which a
report on the facts of the lease is submitted to the
congressional defense committees.''; and
(4) in subsection (f)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as
paragraph (4).
(c) Use of Proceeds.--Subsection (d)(1) of such section is
amended to read as follows:
``(d)(1)(A) The Secretary of a military department shall
deposit in a special account in the Treasury established for
such military department the following:
``(i) All money rentals received pursuant to leases
entered into by that Secretary under this section.
``(ii) All proceeds received pursuant to the
granting of easements by that Secretary under sections
2668 and 2669 of this title.
``(iii) All proceeds received by that Secretary
from authorizing the temporary use of other property
under the control of that military department.
``(B) Subparagraph (A) does not apply to the following
proceeds:
``(i) Amounts paid for utilities and services
furnished lessees by the Secretary of a military
department pursuant to leases entered into under this
section.
``(ii) Money rentals referred to in paragraph (4)
or (5).
``(C) Subject to subparagraphs (D) and (E), the proceeds
deposited in the special account of a military department
pursuant to subparagraph (A) shall be available to the
Secretary of that military department, in such amounts as
provided in appropriation Acts, for the following:
``(i) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities.
``(ii) Construction or acquisition of new
facilities.
``(iii) Lease of facilities.
``(iv) Facilities operation support.
``(D) At least 50 percent of the proceeds deposited in the
special account of a military department under subparagraph (A)
shall be available for activities described in subparagraph (C)
only at the military installation where the proceeds were
derived.
``(E) The Secretary concerned may not expend under
subparagraph (C) an amount in excess of $500,000 at a single
installation until 30 days after the date on which a report on
the facts of the proposed expenditure is submitted to the
congressional defense committees.''.
(d) Congressional Notification.--Subsection (d)(3) of such
section is amended--
(1) in the matter preceding subparagraph (A), by
striking ``As part'' and all that follows through
``Secretary of Defense'' and inserting ``Not later than
March 15 each year, the Secretary of Defense shall
submit to the congressional defense committees a report
which''; and
(2) in subparagraph (A), by striking ``request''
and inserting ``report''.
(e) Definitions.--Subsection (h) of such section is amended
to read as follows:
``(h) In this section:
``(1) The term `congressional defense committees'
means:
``(A) The Committee on Armed Services and
the Committee on Appropriations of the Senate.
``(B) The Committee on Armed Services and
the Committee on Appropriations of the House of
Representatives.
``(2) The term `base closure law' means the
following:
``(A) Section 2687 of this title.
``(B) The Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note).
``(C) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note).
``(3) The term `military installation' has the
meaning given such term in section 2687(e)(1) of this
title.''.
(f) Conforming Amendments.--(1) Section 2668 of such title
is amended by adding at the end the following new subsection:
``(e) Subsection (d) of section 2667 of this title shall
apply with respect to proceeds received by the Secretary of a
military department in connection with an easement granted
under this section in the same manner as such subsection
applies to money rentals received pursuant to leases entered
into by that Secretary under such section.''.
(2) Section 2669 of such title is amended by adding at the
end the following new subsection:
``(e) Subsection (d) of section 2667 of this title shall
apply with respect to proceeds received by the Secretary of a
military department in connection with an easement granted
under this section in the same manner as such subsection
applies to money rentals received pursuant to leases entered
into by that Secretary under such section.''.

SEC. 2813. CONVEYANCE AUTHORITY REGARDING UTILITY SYSTEMS OF MILITARY
DEPARTMENTS.

(a) Selection of Conveyee.--Subsection (b) of section 2688
of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``If more than
one''; and
(2) by adding at the end the following new
paragraphs:
``(2) Notwithstanding paragraph (1), the Secretary
concerned may use procedures other than competitive procedures,
but only in accordance with subsections (c) through (f) of
section 2304 of this title, to select the conveyee of a utility
system (or part of a utility system) under subsection (a).
``(3) With respect to the solicitation process used in
connection with the conveyance of a utility system (or part of
a utility system) under subsection (a), the Secretary concerned
shall ensure that the process is conducted in a manner
consistent with the laws and regulations of the State in which
the utility system is located to the extent necessary to ensure
that all interested regulated and unregulated utility companies
and other interested entities receive an opportunity to acquire
and operate the utility system to be conveyed.''.
(b) Applicability of Regulatory Requirements.--Subsection
(f) of such section is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
and
(2) by adding at the end the following new
paragraph:
``(2) The Secretary concerned shall require in any contract
for the conveyance of a utility system (or part of a utility
system) under subsection (a) that the conveyee manage and
operate the utility system in a manner consistent with
applicable Federal and State regulations pertaining to health,
safety, fire, and environmental requirements.''.

SEC. 2814. PERMANENT CONVEYANCE AUTHORITY TO IMPROVE PROPERTY
MANAGEMENT.

Section 203(p)(1) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)) is
amended by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) The Administrator may exercise the authority under
subparagraph (A) with respect to such surplus real and related
property needed by the transferee or grantee for--
``(i) law enforcement purposes, as determined by
the Attorney General; or
``(ii) emergency management response purposes,
including fire and rescue services, as determined by
the Director of the Federal Emergency Management
Agency.''.

Subtitle C--Defense Base Closure and Realignment

SEC. 2821. SCOPE OF AGREEMENTS TO TRANSFER PROPERTY TO REDEVELOPMENT
AUTHORITIES WITHOUT CONSIDERATION UNDER THE BASE
CLOSURE LAWS.

(a) 1990 Law.--Section 2905(b)(4)(B)(i) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended by striking
``the transfer'' and inserting ``the initial transfer of
property''.
(b) 1988 Law.--Section 204(b)(4)(B)(i) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by
striking ``the transfer'' and inserting ``the initial transfer
of property''.

Subtitle D--Land Conveyances

PART I--ARMY CONVEYANCES

SEC. 2831. TRANSFER OF JURISDICTION, ROCK ISLAND ARSENAL, ILLINOIS.

(a) Transfer Authorized.--The Secretary of the Army may
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of Veterans Affairs a parcel of
real property, including any improvements thereon, consisting
of approximately 23 acres and comprising a portion of the Rock
Island Arsenal, Illinois.
(b) Use of Land.--The Secretary of Veterans Affairs shall
include the real property transferred under subsection (a) in
the Rock Island National Cemetery and use the transferred
property as a national cemetery under chapter 24 of title 38,
United States Code.
(c) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Army. The cost of the survey shall be borne by
the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Army considers appropriate to protect the
interests of the United States.

SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, GALESBURG, ILLINOIS.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Knox County, Illinois (in
this section referred to as the ``County''), all right, title,
and interest of the United States in and to a parcel of real
property, including any improvements thereon, in Galesburg,
Illinois, consisting of approximately 4.65 acres and containing
an Army Reserve Center for the purpose of permitting the County
to use the parcel for municipal office space.
(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. The cost of the survey shall be borne by the
County.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2833. LAND CONVEYANCE, CHARLES MELVIN PRICE SUPPORT CENTER,
ILLINOIS.

(a) Conveyance Authorized.--(1) The Secretary of the Army
may convey to the Tri-City Regional Port District of Granite
City, Illinois (in this section referred to as the ``Port
District''), all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 752 acres and
known as the Charles Melvin Price Support Center, for the
purpose of permitting the Port District to use the parcel for
development of a port facility and for other public purposes.
(2) The property to be conveyed under paragraph (1) shall
include 158 units of military family housing at the Charles
Melvin Price Support Center for the purpose of permitting the
Port District to use the housing to provide affordable housing,
but only if the Port District agrees to provide members of the
Armed Forces first priority in leasing the housing at a rental
rate not to exceed the member's basic allowance for housing.
(3) The Secretary of the Army may include as part of the
conveyance under paragraph (1) personal property of the Army at
the Charles Melvin Price Support Center that the Secretary of
Transportation recommends is appropriate for the development or
operation of the port facility and the Secretary of the Army
agrees is excess to the needs of the Army.
(b) Interim Lease.--Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary
of the Army may lease the property to the Port District.
(c) Consideration.--(1) The conveyance under subsection (a)
shall be made without consideration as a public benefit
conveyance for port development if the Secretary of the Army
determines that the Port District satisfies the criteria
specified in section 203(q) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(q)) and
regulations prescribed to implement such section. If the
Secretary determines that the Port District fails to qualify
for a public benefit conveyance, but still desires to acquire
the property, the Port District shall pay to the United States
an amount equal to the fair market value of the property to be
conveyed. The fair market value of the property shall be
determined by the Secretary of the Army.
(2) The Secretary of the Army may accept as consideration
for a lease of the property under subsection (b) an amount that
is less than fair market value if the Secretary determines that
the public interest will be served as a result of the lease.
(d) Army Reserve Activities.--(1) Notwithstanding the total
acreage of the parcel authorized for conveyance under
subsection (a), the Secretary of the Army may retain up to 50
acres of the parcel for use by the Army Reserve. The acreage
selected for retention shall be mutually agreeable to the
Secretary and the Port District.
(2) At such time as the Secretary of the Army determines
that the property retained under this subsection is no longer
needed for Army Reserve activities, the Secretary shall convey
the property to the Port District. The consideration for the
conveyance shall be determined in the manner provided in
subsection (c).
(e) Federal Lease of Facilities.--(1) As a condition for
the conveyance under subsection (a), the Secretary of the Army
may require that the Port District lease to the Department of
Defense or any other Federal agency facilities for use by the
agency on the property being conveyed. Any lease under this
subsection shall be made under terms and conditions
satisfactory to the Secretary and the Port District.
(2) The agency leasing a facility under this subsection
shall provide for the maintenance of the facility or pay the
Port District to maintain the facility. Maintenance of the
leased facilities performed by the Port District shall be to
the reasonable satisfaction of the United States, or as
required by all applicable Federal, State, and local laws and
ordinances.
(3) At the end of a lease under this subsection, the
facility covered by the lease shall revert to the Port
District.
(f) Flood Control Easement.--The Port District shall grant
to the Secretary of the Army an easement on the property
conveyed under subsection (a) for the purpose of permitting the
Secretary to implement and maintain flood control projects. The
Secretary of the Army, acting through the Corps of Engineers,
shall be responsible for the maintenance of any flood control
project built on the property pursuant to the easement.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary
of the Army and the Port District. The cost of such survey
shall be borne by the Port District.
(h) Additional Terms.--The Secretary of the Army may
require such additional terms and conditions in connection with
the conveyance as the Secretary considers appropriate to
protect the interests of the United States.

SEC. 2834. LAND CONVEYANCE, FORT RILEY, KANSAS.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Kansas (in this
section referred to as the ``State''), 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) Conditions of Conveyance.--The conveyance under
subsection (a) shall be subject to the conditions that--
(1) the State 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 the Secretary determine that such
relocations are necessary, be borne by the State.
(c) 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 and the Director of the Kansas Commission on
Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance required by subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2835. LAND CONVEYANCE, FORT POLK, LOUISIANA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Louisiana (in
this section referred to as the ``State''), all right, title,
and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 200 acres at Fort Polk, Louisiana, for the
purpose of permitting the State to establish a State-run
cemetery for veterans.
(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. The cost of the survey shall be borne by the
State.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2836. LAND CONVEYANCE, ARMY RESERVE CENTER, WINONA, MINNESOTA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Winona State University
Foundation of Winona, Minnesota (in this section referred to as
the ``Foundation''), all right, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, in Winona, Minnesota, containing an
Army Reserve Center for the purpose of permitting the
Foundation to use the parcel for educational purposes.
(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. The cost of the survey shall be borne by the
Foundation.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2837. LAND CONVEYANCE, FORT DIX, NEW JERSEY.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Pemberton Township, New
Jersey (in this section referred to as the ``Township''), all
right, title, and interest of the United States in and to a
parcel of real property at Fort Dix, New Jersey, consisting of
approximately 2 acres and containing a parking lot
inadvertently constructed on the parcel by the Township.
(b) Conditions of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the conditions that--
(1) the Township accept the property as is; and
(2) the Township assume responsibility for any
environmental restoration or remediation required with
respect to the property under applicable law.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Township.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2838. LAND CONVEYANCE, NIKE SITE 43, ELRAMA, PENNSYLVANIA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Board of Supervisors of
Union Township, Pennsylvania (in this section referred to as
the ``Township''), all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon, in Elrama, Pennsylvania, consisting of
approximately 160 acres, which is known as Nike Site 43 and was
more recently used by the Pennsylvania Army National Guard, for
the purpose of permitting the Township to use the parcel for
municipal storage and other public purposes.
(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. The cost of the survey shall be borne by the
Township.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2839. LAND CONVEYANCE, ARMY RESERVE LOCAL TRAINING CENTER,
CHATTANOOGA, TENNESSEE.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Medal of Honor Museum,
Inc., a nonprofit corporation organized in the State of
Tennessee (in this section referred to as the ``Corporation''),
all right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 15 acres at the Army Reserve Local
Training Center located on Bonny Oaks Drive, Chattanooga,
Tennessee, for the purpose of permitting the Corporation to
develop and use the parcel as a museum and for other
educational purposes.
(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. The cost of the survey shall be borne by the
Corporation.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2840. LAND EXCHANGE, FORT HOOD, TEXAS.

(a) Exchange Authorized.--The Secretary of the Army may
convey to the City of Copperas Cove, Texas (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,
including any improvements thereon, consisting of approximately
100 acres at Fort Hood, Texas, in exchange for the City's
conveyance to the Secretary of all right, title, and interest
of the City in and to one or more parcels of real property that
are acceptable to the Secretary and consist of a total of
approximately 300 acres.
(b) Description of Property.--The exact acreage and legal
description of the parcels of real property to be exchanged
under subsection (a) shall be determined by surveys
satisfactory to the Secretary. The cost of the surveys shall be
borne by the City.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the exchange under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2841. LAND CONVEYANCE, FORT PICKETT, VIRGINIA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Commonwealth of Virginia
(in this section referred to as the ``Commonwealth''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 700 acres at Fort Pickett,
Virginia, for the purpose of permitting the Commonwealth to
develop and operate a public safety training facility.
(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. The cost of the survey shall be borne by the
Commonwealth.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2842. LAND CONVEYANCE, FORT LAWTON, WASHINGTON.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Seattle,
Washington (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to the
real property at Fort Lawton, Washington, consisting of Area
500 and Government Way from 36th Avenue to Area 500, for
purposes of the inclusion of the property in Discovery Park,
Seattle, Washington.
(b) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2843. LAND CONVEYANCE, VANCOUVER BARRACKS, WASHINGTON.

(a) Conveyance of West Barracks Authorized.--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, including any improvements
thereon, 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) Purpose.--The purpose of the conveyance authorized by
subsection (a) shall be to include the property described in
that subsection in the Vancouver National Historic Reserve,
Washington.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
City.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance authorized by subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

PART II--NAVY CONVEYANCES

SEC. 2846. MODIFICATION OF LAND CONVEYANCE, MARINE CORPS AIR STATION,
EL TORO, CALIFORNIA.

(a) Use of Consideration.--Subsection (a)(2) of section
2811 of the Military Construction Authorization Act for Fiscal
Years 1990 and 1991 (division B of Public Law 101-189; 103
Stat. 1650) is amended by striking ``of additional military
family housing units at Marine Corps Air Station, Tustin,
California.'' and inserting ``and repair of roads and
development of Aerial Port of Embarkation facilities at Marine
Corps Air Station, Miramar, California.''.
(b) Conforming Amendment.--The section heading of such
section is amended by striking ``, AND CONSTRUCTION OF FAMILY
HOUSING AT MARINE CORPS AIR STATION, TUSTIN, CALIFORNIA''.

SEC. 2847. MODIFICATION OF AUTHORITY FOR OXNARD HARBOR DISTRICT, PORT
HUENEME, CALIFORNIA, TO USE CERTAIN NAVY PROPERTY.

(a) Additional Restrictions on Joint Use.--Subsection (c)
of section 2843 of the Military Construction Authorization Act
for Fiscal Year 1995 (division B of Public Law 103-337; 108
Stat. 3067) is amended to read as follows:
``(c) Restrictions on Use.--The District's use of the
property covered by an agreement under subsection (a) is
subject to the following conditions:
``(1) The District shall suspend operations under
the agreement upon notification by the commanding
officer of the Center that the property is needed to
support mission essential naval vessel support
requirements or Navy contingency operations, including
combat missions, natural disasters, and humanitarian
missions.
``(2) The District shall use the property covered
by the agreement in a manner consistent with Navy
operations at the Center, including cooperating with
the Navy for the purpose of assisting the Navy to meet
its through-put requirements at the Center for the
expeditious movement of military cargo.
``(3) The commanding officer of the Center may
require the District to remove any of its personal
property at the Center that the commanding officer
determines may interfere with military operations at
the Center. If the District cannot expeditiously remove
the property, the commanding officer may provide for
the removal of the property at District expense.''.
(b) Consideration.--Subsection (d) of such section is
amended to read as follows:
``(d) Consideration.--(1) As consideration for the use of
the property covered by an agreement under subsection (a), the
District shall pay to the Navy an amount that is mutually
agreeable to the parties to the agreement, taking into account
the nature and extent of the District's use of the property.
``(2) The Secretary may accept in-kind consideration under
paragraph (1), including consideration in the form of--
``(A) the District's maintenance, preservation,
improvement, protection, repair, or restoration of all
or any portion of the property covered by the
agreement;
``(B) the construction of new facilities, the
modification of existing facilities, or the replacement
of facilities vacated by the Navy on account of the
agreement; and
``(C) covering the cost of relocation of the
operations of the Navy from the vacated facilities to
the replacement facilities.
``(3) All cash consideration received under paragraph (1)
shall be deposited in the special account in the Treasury
established for the Navy under section 2667(d) of title 10,
United States Code. The amounts deposited in the special
account pursuant to this paragraph shall be available, as
provided in appropriation Acts, for general supervision,
administration, overhead expenses, and Center operations and
for the maintenance preservation, improvement, protection,
repair, or restoration of property at the Center.''.
(c) Conforming Amendments.--Such section is further
amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as
subsections (f) and (g), respectively.

SEC. 2848. TRANSFER OF JURISDICTION, MARINE CORPS AIR STATION, MIRAMAR,
CALIFORNIA.

(a) Transfer Authorized.--The Secretary of the Navy may
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior a parcel of real
property, including any improvements thereon, consisting of
approximately 250 acres and known as the Teacup Parcel, which
comprises a portion of the Marine Corps Air Station, Miramar,
California.
(b) Use of Land.--The Secretary of the Interior shall
include the real property transferred under subsection (a) in
the Vernal Pool Unit of the San Diego National Wildlife Refuge
and administer the property for the conservation of fish and
wildlife. All current and future military aviation and related
activities at the Marine Corps Air Station, Miramar, are deemed
to be compatible with the refuge purposes for which the
property is transferred, and with any secondary uses that may
be established on the transferred property.
(c) Condition on Transfer.--The transfer authorized under
subsection (a) shall be subject to the condition that the
Secretary of the Interior make the transferred property
available to the Secretary of the Navy for any habitat
restoration or preservation project that may be required for
mitigation of military activities occurring at the Marine Corps
Air Station, Miramar, unless the Secretary of the Interior
determines that the project will adversely affect the
property's sensitive wildlife and habitat resource values.
(d) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Navy. The cost of the survey shall be borne by
the Secretary of the Interior.
(e) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Navy considers appropriate to protect the
interests of the United States.

SEC. 2849. LAND EXCHANGE, MARINE CORPS RECRUIT DEPOT, SAN DIEGO,
CALIFORNIA.

(a) Exchange Authorized.--The Secretary of the Navy may
convey to the San Diego Unified Port District of San Diego,
California (in this section referred to as the ``Port
District''), all right, title, and interest of the United
States in and to three parcels of real property, including any
improvements thereon, consisting of approximately 44.5 acres
and comprising a portion of the Marine Corps Recruit Depot, San
Diego, California, in exchange for the Port District's--
(1) conveyance to the Secretary of all right,
title, and interest of Port District in and to a parcel
of real property that is acceptable to the Secretary
and contiguous to the Marine Corps Recruit Depot; and
(2) construction of suitable replacement facilities
and necessary supporting structures on the parcel or
other property comprising the Marine Corps Recruit
Depot, as determined necessary by the Secretary.
(b) Time for Conveyance.--The Secretary may not make the
conveyance to the Port District authorized by subsection (a)
until the Secretary determines that the replacement facilities
have been constructed and are ready for occupancy.
(c) Administrative Expenses.--The Port District shall
reimburse the Secretary for administrative expenses incurred by
the Secretary in carrying out the exchange under subsection
(a), including expenses related to the planning, design,
survey, environmental compliance, and supervision and
inspection of construction of the replacement facilities.
Section 2695(c) of title 10, United States Code, shall apply to
the amounts received by the Secretary.
(d) Construction Schedule.--The Port District shall
construct the replacement facilitates pursuant to such schedule
and in such a manner so as to not interrupt or adversely affect
the capability of the Marine Corps Recruit Depot to accomplish
its mission.
(e) Description of Property.--The exact acreage and legal
description of the parcels of real property to be exchanged
under subsection (a) shall be determined by surveys
satisfactory to the Secretary. The cost of the surveys shall be
borne by the Port District.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the exchange under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2850. LEASE OF PROPERTY, NAVAL AIR STATION, PENSACOLA, FLORIDA.

(a) Authority To Lease.--The Secretary of the Navy may
lease, without consideration, to the Naval Aviation Museum
Foundation (in this section referred to as the ``Foundation'')
real property improvements constructed by the Foundation at the
National Museum of Naval Aviation at Naval Air Station,
Pensacola, Florida, for the purpose of permitting the
Foundation to operate a National Flight Academy to encourage
and assist American young people to develop an interest in
naval aviation and to preserve and enhance the image and
heritage of naval aviation.
(b) Construction.--The Foundation shall be solely
responsible for the design and construction of the real
property improvements referred to in subsection (a). Upon
completion, the improvements shall be donated to and become the
property of the United States, subject to the terms of the
lease under subsection (a).
(c) Term of Lease.--(1) The lease authorized by subsection
(a) may be for a term of up to 50 years, with an option to
renew for an additional 50 years.
(2) In the event that the National Flight Academy ceases
operation for a period in excess of 1 year during the leasehold
period, or any extension thereof, the lease shall immediately
terminate without cost or future liability to the United
States.
(d) Use by Navy.--The Secretary may use all or a portion of
the leased property when the National Flight Academy is not in
session or whenever the use of the property would not conflict
with operation of the Academy. The Foundation shall permit such
use at no cost to the Navy.
(e) Maintenance and Repair.--The Foundation shall be solely
responsible during the leasehold period, and any extension
thereof, for the operation, maintenance, and repair or
replacement of the real property improvements authorized for
lease under this section.
(f) Assistance.--(1) Subject to subsection (e), the
Secretary may assist the Foundation in implementing the
National Flight Academy by furnishing facilities, utilities,
maintenance, and other services within the boundaries of Naval
Air Station, Pensacola. The Secretary may require the
Foundation to reimburse the Secretary for the facilities,
utilities, maintenance, or other services so provided or may
provide the facilities, utilities, maintenance, or other
services without reimbursement by the Foundation.
(2) Any assistance provided the Foundation pursuant to
paragraph (1) may be terminated by the Secretary without
notice, cause, or liability to the United States.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the lease under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2851. LAND CONVEYANCE, NAVAL RESERVE CENTER, TAMPA, FLORIDA.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the Tampa Port Authority of Tampa, Florida (in this
section referred to as the ``Port Authority''), all right,
title, and interest of the United States in and to a parcel of
real property, including any improvements thereon, consisting
of approximately 2.18 acres and comprising the Naval Reserve
Center, Tampa, Florida, for the purpose of permitting the Port
Authority to use the parcel to facilitate the expansion of the
Port of Tampa.
(b) Conditions of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the following
conditions:
(1) The Port Authority will accept the Naval
Reserve Center as is.
(2) The Port Authority will provide a replacement
facility for the Naval Reserve Center on a site of
comparable size and consisting of comparable
improvements on port property or other public land
acceptable to the Secretary. In the event that a
federally owned site acceptable to the Secretary is not
available for the construction of the replacement
facility, the Port Authority will provide a site for
the replacement facility acceptable to the Secretary
and convey it in fee title to the United States.
(3) The Port Authority will procure all necessary
funding and the planning and design necessary to
construct a replacement facility that is fully
operational and satisfies the Base Facilities
Requirements plan, as provided by the Naval Reserve.
(4) The Port Authority will bear all reasonable
costs that the Navy may incur in the relocating to the
replacement facility.
(c) Time for Conveyance.--The Secretary may not make the
conveyance authorized under subsection (a) until all of the
conditions specified in subsection (b) have been met to the
satisfaction of the Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Port Authority.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2852. MODIFICATION OF LAND CONVEYANCE, DEFENSE FUEL SUPPLY POINT,
CASCO BAY, MAINE.

Section 2839 of the Military Construction Authorization Act
for Fiscal Year 1995 (division B of Public Law 103-337; 108
Stat. 3065) is amended--
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following
new subsection:
``(c) Replacement of Removed Electric Utility Service.--(1)
The Secretary of Defense shall replace the electric utility
service removed during the course of environmental remediation
carried out with respect to the property to be conveyed under
subsection (a), including the procurement and installation of
electrical cables, switch cabinets, and transformers associated
with the service.
``(2) As part of the replacement of the electric utility
service under paragraph (1), the Secretary of Defense may, at
the request of the Town, improve the electric utility service
and install telecommunications service. The Secretary shall
determine, in consultation with the Town, the additional costs
that would be associated with the improvement of the electric
utility service and the installation of telecommunications
service under this paragraph, and the Town shall be responsible
for the payment of such costs.''.

SEC. 2853. LAND CONVEYANCE, NAVAL COMPUTER AND TELECOMMUNICATIONS
STATION, CUTLER, MAINE.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the State of Maine, any
political subdivision of the State of Maine, or any tax-
supported agency in the State of Maine, all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 263 acres located in Washington County, Maine,
and known as the Naval Computer and Telecommunications Station,
Cutler, Maine.
(b) Reimbursement for Environmental and Other
Assessments.--(1) The Secretary may require the recipient of
the property conveyed under this section to reimburse the
Secretary for the costs incurred by the Secretary for any
environmental assessments and other studies and analyses
carried out by the Secretary with respect to the property to be
conveyed under this section before the conveyance of the
property under this section.
(2) The amount of any reimbursement required under
paragraph (1) shall be determined by the Secretary and may not
exceed the cost of the assessments, studies, and analyses for
which reimbursement is required under that paragraph.
(3) Section 2695(c) of title 10, United States Code, shall
apply to the amounts received by the Secretary.
(c) Lease of Property Pending Conveyance.--(1) Pending the
conveyance by deed of the property authorized to be conveyed by
subsection (a), the Secretary may enter into one or more leases
of the property.
(2) The Secretary shall deposit any amounts paid under a
lease under paragraph (1) in the appropriation or account
providing funds for the protection, maintenance, or repair of
the property, or for the provision of utility services for the
property. Amounts so deposited shall be merged with funds in
the appropriation or account in which deposited, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as the funds with which merged.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the recipient of the
property.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2854. MODIFICATION OF LAND CONVEYANCE AUTHORITY, FORMER NAVAL
TRAINING CENTER, BAINBRIDGE, CECIL COUNTY,
MARYLAND.

Section 1 of Public Law 99-596 (100 Stat. 3349) is
amended--
(1) in subsection (a), by striking ``subsections
(b) through (f)'' and inserting ``subsections (b)
through (e)'';
(2) by striking subsection (b) and inserting the
following new subsection:
``(b) Consideration.--(1) In the event of the transfer of
the property under subsection (a) to the State of Maryland, the
transfer shall be with consideration or without consideration
from the State of Maryland, at the election of the Secretary.
``(2) If the Secretary elects to receive consideration from
the State of Maryland under paragraph (1), the Secretary may
reduce the amount of consideration to be received from the
State of Maryland under that paragraph by an amount equal to
the cost, estimated as of the time of the transfer of the
property under this section, of the restoration of the historic
buildings on the property. The total amount of the reduction of
consideration under this paragraph may not exceed $500,000.'';
(3) by striking subsection (d); and
(4) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.

SEC. 2855. LAND CONVEYANCE, MARINE CORPS BASE, CAMP LEJEUNE, NORTH
CAROLINA.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the City of Jacksonville, North Carolina (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, including any improvements thereon, that is currently
leased to Norfolk Southern Corporation and consists of
approximately 50 acres, known as the railroad right-of-way,
lying within the City between Highway 24 and Highway 17, at the
Marine Corps Base, Camp Lejeune, North Carolina, for the
purpose of permitting the City to develop the parcel for
initial use as a bike/green way trail.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall reimburse the Secretary
(in such amounts as the Secretary may determine) for the
expenses incurred by the Secretary in making the conveyance,
including costs related to planning, design, surveys,
environmental assessment and compliance, supervision and
inspection of construction, severing and realigning utility
systems, and other prudent and necessary actions. Section
2695(c) of title 10, United States Code, shall apply to the
amounts received by the Secretary.
(c) Condition of Conveyance.--The Secretary may retain such
easements, rights-of-way, and other interests in the property
to be conveyed under subsection (a) and impose such
restrictions on the use of the conveyed property as the
Secretary considers necessary to ensure the effective security,
maintenance, and operations of the Marine Corps Base, Camp
Lejeune, North Carolina, and to protect human health and the
environment.
(d) 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.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2856. LAND EXCHANGE, NAVAL AIR RESERVE CENTER, COLUMBUS, OHIO.

(a) Exchange Authorized.--The Secretary of the Navy may
convey to the Rickenbacker Port Authority of Columbus, Ohio (in
this section referred to as the ``Authority''), all right,
title, and interest of the United States in and to a parcel of
real property, including any improvements thereon, consisting
of approximately 24 acres comprising the civilian facilities of
the Naval Air Reserve at Rickenbacker International Airport in
Franklin County, Ohio, in exchange for the Authority's
conveyance to the Secretary of all right, title, and interest
of the Authority in and to a parcel of real property consisting
of approximately 10 to 15 acres acceptable to the Secretary at
Rickenbacker International Airport.
(b) Use of Acquired Property.--The Secretary shall use the
real property acquired from the Authority in the exchange as
the site for a replacement facility that will house both the
Naval Air Reserve Center at Rickenbacker International Airport
and the Naval and Marine Corps Reserve Center currently located
in Columbus, Ohio.
(c) Time for Conveyance.--The Secretary may not make the
conveyance to the Authority authorized by subsection (a) until
the Secretary determines that the replacement facility
described in subsection (b) has been constructed and is ready
for occupancy.
(d) Description of Property.--The exact acreage and legal
description of the parcels of real property to be exchanged
under subsection (a) shall be determined by surveys
satisfactory to the Secretary. The cost of the surveys shall be
borne by the Authority.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the exchange under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2857. LAND CONVEYANCE, NAVAL STATION, BREMERTON, WASHINGTON.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the City of Bremerton, 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,
including any improvements thereon, consisting of approximately
45.8 acres and comprising the former East Park Transient Family
Accommodations, which was an off-site housing facility for
Naval Station, Bremerton, Washington.
(b) Consideration.--(1) The conveyance under subsection (a)
may be made without consideration to the extent the real
property to be conveyed will be used by the City, directly or
through an agreement with a public or private entity, for
public health, public safety, education, affordable housing, or
public recreation.
(2) If the City intends to use a portion of the conveyed
property for a purpose not specified in paragraph (1), the City
shall pay to the United States an amount equal to the fair
market value of that portion of the property. The fair market
value shall be determined by an appraisal acceptable to the
Secretary.
(c) Administrative Expenses.--The City shall reimburse the
Secretary for administrative expenses incurred by the Secretary
in carrying out the conveyance under subsection (a), including
expenses related to planning, design, survey, environmental
compliance, and other prudent and necessary actions. Section
2695(c) of title 10, United States Code, shall apply to the
amounts received by the Secretary.
(d) 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.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

PART III--AIR FORCE CONVEYANCES

SEC. 2861. LAND CONVEYANCE, LOS ANGELES AIR FORCE BASE, CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, by sale or lease upon such terms as the Secretary
considers appropriate, all or any portion of the following
parcels of real property, including any improvements thereon,
at Los Angeles Air Force Base, California:
(1) Approximately 42 acres in El Segundo,
California, commonly known as Area A.
(2) Approximately 52 acres in El Segundo,
California, commonly known as Area B.
(3) Approximately 13 acres in Hawthorne,
California, commonly known as the Lawndale Annex.
(4) Approximately 3.7 acres in Sun Valley,
California, commonly known as the Armed Forces Radio
and Television Service Broadcast Center.
(b) Consideration.--As consideration for the conveyance of
real property under subsection (a), the recipient of the
property shall provide for the design and construction on real
property acceptable to the Secretary of one or more facilities
to consolidate the mission and support functions at Los Angeles
Air Force Base. Any such facility must comply with the seismic
and safety design standards for Los Angeles County, California,
in effect at the time the Secretary takes possession of the
facility.
(c) Leaseback Authority.--If the fair market value of a
facility to be provided as consideration for the conveyance of
real property under subsection (a) exceeds the fair market
value of the conveyed property, the Secretary may enter into a
lease for the facility for a period not to exceed 10 years.
Rental payments under the lease shall be established at the
rate necessary to permit the lessor to recover, by the end of
the lease term, the difference between the fair market value of
a facility and the fair market value of the conveyed property.
At the end of the lease, all right, title, and interest in the
facility shall vest in the United States.
(d) Appraisal of Property.--The Secretary shall obtain an
appraisal of the fair market value of all property and
facilities to be sold, leased, or acquired under this section.
An appraisal shall be made by a qualified appraiser familiar
with the type of property to be appraised. The Secretary shall
consider the appraisals in determining whether a proposed
conveyance accomplishes the purpose of this section and is in
the interest of the United States. Appraisal reports shall not
be released outside of the Federal Government, other than to
the other party to a conveyance.
(e) Description of Property.--The exact acreage and legal
description of real property to be conveyed under subsection
(a) or acquired under subsection (b) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey
shall be borne by the recipient of the property.
(f) Exemption.--Section 2696 of title 10, United States
Code, does not apply to the conveyance authorized by subsection
(a).
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
a conveyance under subsection (a) or a lease under subsection
(c) as the Secretary considers appropriate to protect the
interests of the United States.

SEC. 2862. LAND CONVEYANCE, POINT ARENA AIR FORCE STATION, CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to Mendocino County,
California (in this section referred to as the ``County''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 82 acres at the Point Arena Air
Force Station, California, for the purpose of permitting the
County to use the parcel for municipal and other public
purposes.
(b) Conditions of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
County--
(1) use the conveyed property, directly or through
an agreement with a public or private entity, for
municipal and other public purposes;
(2) convey the property to an appropriate public or
private entity that will use the conveyed property for
such purposes; or
(3) convey the property by sale or exchange and--
(A) if conveyed by exchange, use the
property acquired in the exchange for such
purposes; or
(B) if conveyed by sale, use the proceeds
to acquire property that will be used for such
purposes.
(c) Consideration.--If the Secretary determines at any time
that the County, or a public or private entity to which the
property is reconveyed as authorized by paragraph (2) of
subsection (b), has failed to comply with the conditions
specified in such subsection, the County shall pay the United
States an amount equal to the fair market value of the property
conveyed under subsection (a), as determined by an appraisal
satisfactory to the Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
County.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2863. 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 any 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.

SEC. 2864. LAND CONVEYANCE, WRIGHT PATTERSON AIR FORCE BASE, OHIO.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to Greene County, Ohio (in
this section referred to as the ``County''), all right, title,
and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 92 acres comprising the communications test annex
at Wright Patterson Air Force Base, Ohio, for the purpose of
permitting the County to use the parcel for recreational
purposes.
(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. The cost of the survey shall be borne by the
County.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2865. MODIFICATION OF LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE,
SOUTH DAKOTA.

(a) Change in Recipient.--Subsection (a) of section 2863 of
the Military Construction Authorization Act for Fiscal Year
1998 (division B of Public Law 105-85; 111 Stat. 2010) is
amended by striking ``Greater Box Elder Area Economic
Development Corporation, Box Elder, South Dakota (in this
section referred to as the `Corporation')'' and inserting
``West River Foundation for Economic and Community Development,
Sturgis, South Dakota (in this section referred to as the
`Foundation')''.
(b) Conforming Amendments.--Such section is further amended
by striking ``Corporation'' each place it appears in
subsections (c) and (e) and inserting ``Foundation''.

SEC. 2866. LAND CONVEYANCE, MUKILTEO TANK FARM, EVERETT, WASHINGTON.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Port of Everett,
Washington (in this section referred to as the ``Port''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 22 acres and known as the Mukilteo
Tank Farm for the purpose of permitting the Port to use the
parcel for the development and operation of a port facility and
for other public purposes.
(b) Personal Property.--The Secretary of the Air Force may
include as part of the conveyance authorized by subsection (a)
any personal property at the Mukilteo Tank Farm that is excess
to the needs of the Air Force if the Secretary of
Transportation determines that such personal property is
appropriate for the development or operation of the Mukilteo
Tank Farm as a port facility.
(c) Interim Lease.--(1) Until such time as the real
property described in subsection (a) is conveyed by deed, the
Secretary of the Air Force may lease all or part of the real
property to the Port if the Secretary determines that the real
property is suitable for lease and the lease of the property
under this subsection will not interfere with any environmental
remediation activities or schedules under applicable law or
agreements.
(2) The determination under paragraph (1) whether the lease
of the real property will interfere with environmental
remediation activities or schedules referred to in that
paragraph shall be based upon an environmental baseline survey
conducted in accordance with applicable Air Force regulations
and policy.
(3) Except as provided by paragraph (4), as consideration
for the lease under this subsection, the Port shall pay the
Secretary an amount equal to the fair market of the lease, as
determined by the Secretary.
(4) The amount of consideration paid by the Port for the
lease under this subsection may be an amount, as determined by
the Secretary, less than the fair market value of the lease if
the Secretary determines that--
(A) the public interest will be served by an amount
of consideration for the lease that is less than the
fair market value of the lease; and
(B) payment of an amount equal to the fair market
value of the lease is unobtainable.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary
of the Air Force and the Port.
(e) Additional Terms and Conditions.--The Secretary of the
Air Force, in consultation with the Secretary of
Transportation, may require such additional terms and
conditions in connection with the conveyance under subsection
(a) as the Secretary of the Air Force considers appropriate to
protect the interests of the United States.

PART IV--OTHER CONVEYANCES

SEC. 2871. LAND CONVEYANCE, ARMY AND AIR FORCE EXCHANGE SERVICE
PROPERTY, FARMERS BRANCH, TEXAS.

(a) Conveyance Authorized.--The Secretary of Defense may
authorize the Army and Air Force Exchange Service, which is a
nonappropriated fund instrumentality of the United States, to
sell all right, title, and interest of the United States in and
to a parcel of real property, including improvements thereon,
that is located at 2727 LBJ Freeway in Farmers Branch, Texas.
(b) Consideration.--As consideration for conveyance under
subsection (a), the purchaser shall pay, in a single lump sum
payment, an amount equal to the fair market value of the real
property conveyed, as determined by the Secretary. The payment
shall be handled in the manner provided in section 204(c) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 485(c)).
(c) Congressional Report.--Within 30 days after the sale of
the property under subsection (a), the Secretary shall submit
to Congress a report detailing the particulars of the sale.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
purchaser.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2872. LAND CONVEYANCE, FORMER NATIONAL GROUND INTELLIGENCE CENTER,
CHARLOTTESVILLE, VIRGINIA.

(a) Conveyance Authorized.--The Administrator of General
Services may convey, without consideration, to the City of
Charlottesville, Virginia (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, including any improvements
thereon, formerly occupied by the National Ground Intelligence
Center and known as the Jefferson Street Property, for the
purpose of permitting the City to use the parcel, directly or
through an agreement with a public or private entity, for
economic development purposes.
(b) Authority To Convey Without Consideration.--The
conveyance authorized by subsection (a) may be made without
consideration if the Administrator determines that conveyance
on that basis would be in the best interests of the United
States.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Administrator makes the conveyance
authorized by subsection (a), if the Administrator determines
that the conveyed real property is not being used in accordance
with the purpose specified in such subsection, all right,
title, and interest in and to the property, including any
improvements thereon, may upon the election of the
Administrator revert to the United States, and upon such
reversion the United States shall have the right of immediate
entry onto the property.
(d) Limitation on Certain Subsequent Conveyances.--(1)
Subject to paragraph (2), if at any time after the
Administrator makes the conveyance authorized by subsection (a)
the City conveys any portion of the parcel conveyed under that
subsection to a private entity, the City shall pay to the
United States an amount equal to--
(A) the fair market value (as determined by the
Administrator) of the portion conveyed at the time of
the conveyance; less
(B) the cost of any improvements to the property
made by the City.
(2) Paragraph (1) applies to a conveyance described in such
paragraph only if the Administrator makes the conveyance
authorized by subsection (a) without consideration.
(3) The Administrator shall deposit any amounts paid the
United States under this subsection into the fund established
by section 210(f) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 490(f)). Any amounts so
deposited shall be available to the Administrator for real
property management and related activities as provided for
under paragraph (2) of such section.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Administrator. The cost of the survey shall be borne by the
City.
(f) Additional Terms and Conditions.--The Administrator may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Administrator
considers appropriate to protect the interests of the United
States.

Subtitle E--Other Matters

SEC. 2881. RELATION OF EASEMENT AUTHORITY TO LEASED PARKLAND, MARINE
CORPS BASE, CAMP PENDLETON, CALIFORNIA.

Section 2851 of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2219) is amended by adding at the end the following new
subsection:
``(f) Exemption for Certain Leased Lands.--(1) Section 303
of title 49, and section 138 of title 23, United States Code,
shall not apply to any approval by the Secretary of
Transportation of the use by State Route 241 of parkland within
Camp Pendleton that is leased by the State of California, where
the lease reserved to the United States the right to establish
rights-of-way.
``(2) The Agency shall be responsible for the
implementation of any measures required by the Secretary of
Transportation to mitigate the impact of the Agency's use of
parkland within Camp Pendleton for State Route 241. With the
exception of those mitigation measures directly related to park
functions, the measures shall be located outside the boundaries
of Camp Pendleton. The required mitigation measures related to
park functions shall be implemented in accordance with the
terms of the lease referred to in paragraph (1).''.

SEC. 2882. EXTENSION OF DEMONSTRATION PROJECT FOR PURCHASE OF FIRE,
SECURITY, POLICE, PUBLIC WORKS, AND UTILITY
SERVICES FROM LOCAL GOVERNMENT AGENCIES.

Section 816(c) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820), as
added by section 2873 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2225), is amended by striking ``2000'' and inserting
``2001''.

SEC. 2883. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF THIRD
BUILDING AT UNITED STATES AIR FORCE MUSEUM, WRIGHT-
PATTERSON AIR FORCE BASE, OHIO.

(a) Acceptance Authorized.--The Secretary of the Air Force
may accept from the Air Force Museum Foundation, a private
nonprofit foundation, gifts in the form of cash, Treasury
instruments, or comparable United States Government securities
for the purpose of paying the costs of design and construction
of a third building for the United States Air Force Museum at
Wright-Patterson Air Force Base, Ohio. The terms of the gift
may specify that all or a part of the amount of the gift be
utilized solely for purposes of the design and construction of
a particular portion of the building.
(b) Deposit in Escrow Account.--The Secretary, acting
through the Comptroller of the Air Force Materiel Command,
shall deposit the amount of any cash, instruments, or
securities accepted as a gift under subsection (a) in an escrow
account established for that purpose.
(c) Investment.--Amounts in the escrow account under
subsection (b) not required to meet current requirements of the
account shall be invested in public debt securities with
maturities suitable to the needs of the account, as determined
by the Comptroller of the Air Force Materiel Command, and
bearing interest at rates that take into consideration current
market yields on outstanding marketable obligations of the
United States of comparable maturities. The income on such
investments shall be credited to and form a part of the
account.
(d) Utilization.--(1) Amounts in the escrow account under
subsection (b), including any income on investments of such
amounts under subsection (c), that are attributable to a
particular portion of the building described in subsection (a)
shall be utilized by the Comptroller of the Air Force Materiel
Command to pay the costs of the design and construction of such
portion of the building, including progress payments for such
design and construction.
(2) Subject to paragraph (3), amounts shall be payable
under paragraph (1) upon receipt by the Comptroller of the Air
Force Materiel Command of a notification from an appropriate
officer or employee of the Corps of Engineers that such amounts
are required for the timely payment of an invoice or claim for
the performance of design or construction activities for which
such amounts are payable under paragraph (1).
(3) The Comptroller of the Air Force Materiel Command
shall, to the maximum extent practicable consistent with good
business practice, limit payment of amounts from the account in
order to maximize the return on investment of amounts in the
account.
(e) Limitation on Contracts.--The Corps of Engineers may
not enter into a contract for the design or construction of a
particular portion of the building described in subsection (a)
until amounts in the escrow account under subsection (b),
including any income on investments of such amounts under
subsection (c), that are attributable to such portion of the
building are sufficient to cover the amount of such contract.
(f) Liquidation of Escrow Account.--Upon final payment of
all invoices and claims associated with the design and
construction of the building described in subsection (a), the
Secretary of the Air Force shall terminate the escrow account
under subsection (b). Any amounts in the account upon final
payment of invoices and claims shall be available to the
Secretary for such purposes as the Secretary considers
appropriate.

SEC. 2884. DEVELOPMENT OF MARINE CORPS HERITAGE CENTER AT MARINE CORPS
BASE, QUANTICO, VIRGINIA.

(a) Authority To Enter into Joint Venture for
Development.--The Secretary of the Navy may enter into a joint
venture with the Marine Corps Heritage Foundation, a not-for-
profit entity, for the design and construction of a
multipurpose facility to be used for historical displays for
public viewing, curation, and storage of artifacts, research
facilities, classrooms, offices, and associated activities
consistent with the mission of the Marine Corps University. The
facility shall be known as the Marine Corps Heritage Center.
(b) Authority To Accept Certain Land.--(1) The Secretary
may, if the Secretary determines it to be necessary for the
facility described in subsection (a), accept without
compensation any portion of the land known as Locust Shade Park
which is now offered by the Park Authority of the County of
Prince William, Virginia, as a potential site for the facility.
(2) The Park Authority may convey the land described in
paragraph (1) to the Secretary under this section without
regard to any limitation on its use, or requirement for its
replacement upon conveyance, under section 6(f)(3) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
8(f)(3)) or under any other provision of law.
(c) Design and Construction.--For each phase of development
of the facility described in subsection (a), the Secretary
may--
(1) permit the Marine Corps Heritage Foundation to
contract for the design, construction, or both of such
phase of development; or
(2) accept funds from the Marine Corps Heritage
Foundation for the design, construction, or both of
such phase of development.
(d) Acceptance Authority.--Upon completion of construction
of any phase of development of the facility described in
subsection (a) by the Marine Corps Heritage Foundation to the
satisfaction of the Secretary, and the satisfaction of any
financial obligations incident thereto by the Marine Corps
Heritage Foundation, the facility shall become the property of
the Department of the Navy with all right, title, and interest
in and to facility being in the United States.
(e) Lease of Facility.--(1) The Secretary may lease, under
such terms and conditions as the Secretary considers
appropriate for the joint venture authorized by subsection (a),
portions of the facility developed under that subsection to the
Marine Corps Heritage Foundation for use in generating revenue
for activities of the facility and for such administrative
purposes as may be necessary for support of the facility.
(2) The amount of consideration paid the Secretary by the
Marine Corps Heritage Foundation for the lease under paragraph
(1) may not exceed an amount equal to the actual cost (as
determined by the Secretary) of the operation of the facility.
(3) Notwithstanding any other provision of law, the
Secretary shall use amounts paid under paragraph (2) to cover
the costs of operation of the facility.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the joint venture authorized by subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2885. ACTIVITIES RELATING TO THE GREENBELT AT FALLON NAVAL AIR
STATION, NEVADA.

(a) In General.--The Secretary of the Navy shall, in
consultation with the Secretary of the Army acting through the
Chief of Engineers, carry out appropriate activities after
examination of the potential environmental and flight safety
ramifications for irrigation that has been eliminated, or will
be eliminated, for the greenbelt at Fallon Naval Air Station,
Nevada. Any activities carried out under the preceding sentence
shall be consistent with aircrew safety at Fallon Naval Air
Station.
(b) Authorization of Appropriations.--There is hereby
authorized to be appropriated for operation and maintenance for
the Navy such sums as may be necessary to carry out the
activities required by subsection (a).

SEC. 2886. ESTABLISHMENT OF WORLD WAR II MEMORIAL ON GUAM.

(a) Establishment Required.--The Secretary of Defense shall
establish on Federal lands near the Fena Caves in Guam a
suitable memorial intended to honor those Guamanian civilians
who were killed during the occupation of Guam during World War
II and to commemorate the liberation of Guam by the United
States Armed Forces in 1944.
(b) Maintenance of Memorial.--The Secretary of Defense
shall be responsible for the maintenance of the memorial
established pursuant to subsection (a).
(c) Consultation.--In designing and building the memorial
and selecting the specific location for the memorial, the
Secretary of Defense shall consult with the American Battle
Monuments Commission established under chapter 21 of title 36,
United States Code.

SEC. 2887. NAMING OF ARMY MISSILE TESTING RANGE AT KWAJALEIN ATOLL AS
THE RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST
SITE AT KWAJALEIN ATOLL.

The United States Army missile testing range located at
Kwajalein Atoll in the Marshall Islands shall after the date of
the enactment of this Act be known and designated as the
``Ronald Reagan Ballistic Missile Defense Test Site at
Kwajalein Atoll''. Any reference to that range in any law,
regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the Ronald
Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll.

SEC. 2888. DESIGNATION OF BUILDING AT FORT BELVOIR, VIRGINIA, IN HONOR
OF ANDREW T. MCNAMARA.

The building at 8725 John J. Kingman Road, Fort Belvoir,
Virginia, shall be known and designated as the ``Andrew T.
McNamara Building''. Any reference to that building in any law,
regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the Andrew T.
McNamara Building.

SEC. 2889. DESIGNATION OF BALBOA NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA,
IN HONOR OF BOB WILSON, A FORMER MEMBER OF THE
HOUSE OF REPRESENTATIVES.

The Balboa Naval Hospital in San Diego, California, shall
be known and designated as the ``Bob Wilson Naval Hospital''.
Any reference to the Balboa Naval Hospital in any law,
regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the Bob Wilson
Naval Hospital.

SEC. 2890. SENSE OF CONGRESS REGARDING IMPORTANCE OF EXPANSION OF
NATIONAL TRAINING CENTER, FORT IRWIN, CALIFORNIA.

(a) Findings.--Congress makes the following findings:
(1) The National Training Center at Fort Irwin,
California, is the Army's premier warfare training
center.
(2) The National Training Center was cited by
General Norman Schwarzkopf as being instrumental to the
success of the allied victory in the Persian Gulf
conflict.
(3) The National Training Center gives a military
unit the opportunity to use high-tech equipment and
confront realistic opposing forces in order to
accurately discover the unit's strengths and
weaknesses.
(4) The current size of the National Training
Center is insufficient in light of the advanced
equipment and technology required for modern warfare
training.
(5) The expansion of the National Training Center
to include additional lands would permit military units
and members of the Armed Forces to adequately prepare
for future conflicts and various warfare scenarios they
may encounter throughout the world.
(6) Additional lands for the expansion of the
National Training Center are presently available in the
California desert.
(7) The expansion of the National Training Center
is a top priority of the Army and the Office of the
Secretary of Defense.
(b) Sense of Congress.--It is the sense of Congress that
the prompt expansion of the National Training Center is vital
to the national security interests of the United States.

SEC. 2891. SENSE OF CONGRESS REGARDING LAND TRANSFERS AT MELROSE RANGE,
NEW MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON.

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

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Subtitle B--Recurring General Provisions

Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Funding for termination costs of River Protection Project,
Richland, Washington.
Sec. 3132. Enhanced cooperation between National Nuclear Security
Administration and Ballistic Missile Defense Organization.
Sec. 3133. Reprogramming of funds available for infrastructure upgrades
or maintenance in certain accounts of the National Nuclear
Security Administration.
Sec. 3134. Adjustment of composite theoretical performance levels for
post-shipment verification reports on advanced supercomputer
sales to certain foreign nations.
Sec. 3135. Modification of counterintelligence polygraph program.
Sec. 3136. Employee incentives for employees at closure project
facilities.
Sec. 3137. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3138. Contingent limitation on use of certain funds pending
certifications of compliance with Formerly Utilized Sites
Remedial Action Program funding prohibition.
Sec. 3139. Conceptual design for Subsurface Geosciences Laboratory at
Idaho National Engineering and Environmental Laboratory, Idaho
Falls, Idaho.
Sec. 3140. Report on National Ignition Facility, Lawrence Livermore
National Laboratory, Livermore, California.
Sec. 3141. River Protection Project, Richland, Washington.
Sec. 3142. Report on tank waste remediation system, Hanford Reservation,
Richland, Washington.

Subtitle D--Matters Relating to Management of National Nuclear Security
Administration

Subtitle E--National Laboratories Partnership Improvement

Subtitle F--Matters Relating to Defense Nuclear Nonproliferation

Sec. 3171. Annual report on status of Nuclear Materials Protection,
Control, and Accounting Program.
Sec. 3172. Nuclear Cities Initiative.
Sec. 3173. Department of Energy nonproliferation monitoring.
Sec. 3174. Sense of Congress on the need for coordination of
nonproliferation programs.
Sec. 3175. Limitation on use of funds for International Nuclear Safety
Program.

Subtitle G--Other Matters

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2001 for the activities of
the National Nuclear Security Administration in carrying out
programs necessary for national security in the amount of
$6,422,356,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities,
$4,840,289,000, to be allocated as follows:
(A) For stewardship, $4,505,545,000, to be
allocated as follows:
(i) For directed stockpile work,
$862,603,000.
(ii) For campaigns, $2,054,014,000,
to be allocated as follows:
(I) For operation and
maintenance, $1,639,682,000.
(II) For construction,
$414,332,000, to be allocated
as follows:
Project 01-D-101,
distributed information
systems laboratory,
Sandia National
Laboratories,
Livermore, California,
$2,300,000.
Project 00-D-103,
terascale simulation
facility, Lawrence
Livermore National
Laboratory, Livermore,
California, $5,000,000.
Project 00-D-105,
strategic computing
complex, Los Alamos
National Laboratory,
Los Alamos, New Mexico,
$56,000,000.
Project 00-D-107,
joint computational
engineering laboratory,
Sandia National
Laboratories,
Albuquerque, New
Mexico, $6,700,000.
Project 98-D-125,
tritium extraction
facility, Savannah
River Plant, Aiken,
South Carolina,
$75,000,000.
Project 98-D-126,
accelerator production
of tritium, various
locations, $25,000,000.
Project 97-D-102,
dual-axis radiographic
hydrotest facility, Los
Alamos National
Laboratory, Los Alamos,
New Mexico,
$35,232,000.
Project 96-D-111,
national ignition
facility (NIF),
Lawrence Livermore
National Laboratory,
Livermore, California,
$209,100,000.
(iii) For readiness in technical
base and facilities, $1,588,928,000, to
be allocated as follows:
(I) For operation and
maintenance, $1,429,087,000.
(II) For plant projects
(including maintenance,
restoration, planning,
construction, acquisition,
modification of facilities, and
the continuation of projects
authorized in prior years, and
land acquisition related
thereto), $159,841,000, to be
allocated as follows:
Project 01-D-103,
preliminary project
design and engineering,
various locations,
$14,500,000.
Project 01-D-124,
highly enriched uranium
(HEU) materials storage
facility, Y-12 Plant,
Oak Ridge, Tennessee,
$17,800,000.
Project 01-D-126,
weapons evaluation test
laboratory, Pantex
Plant, Amarillo, Texas,
$3,000,000.
Project 99-D-103,
isotope sciences
facilities, Lawrence
Livermore National
Laboratory, Livermore,
California, $5,000,000.
Project 99-D-104,
protection of real
property (roof
reconstruction, phase
II), Lawrence Livermore
National Laboratory,
Livermore, California,
$2,800,000.
Project 99-D-106,
model validation and
system certification
center, Sandia National
Laboratories,
Albuquerque, New
Mexico, $5,200,000.
Project 99-D-108,
renovate existing
roadways, Nevada Test
Site, Nevada,
$2,000,000.
Project 99-D-125,
replace boilers and
controls, Kansas City
Plant, Kansas City,
Missouri, $13,000,000.
Project 99-D-127,
stockpile management
restructuring
initiative, Kansas City
plant, Kansas City,
Missouri, $23,765,000.
Project 99-D-128,
stockpile management
restructuring
initiative, Pantex
Plant, Amarillo, Texas,
$4,998,000.
Project 99-D-132,
stockpile management
restructuring
initiative, nuclear
material safeguards and
security upgrades
project, Los Alamos
National Laboratory,
Los Alamos, New Mexico,
$18,043,000.
Project 98-D-123,
stockpile management
restructuring
initiative, tritium
facility modernization
and consolidation,
Savannah River Plant,
Aiken, South Carolina,
$30,767,000.
Project 97-D-123,
structural upgrades,
Kansas City Plant,
Kansas City, Missouri,
$2,918,000.
Project 95-D-102,
chemistry and
metallurgy research
(CMR) upgrades project,
Los Alamos National
Laboratory, Los Alamos,
New Mexico,
$13,337,000.
Project 88-D-123,
security enhancements,
Pantex Plant, Amarillo,
Texas, $2,713,000.
(B) For secure transportation asset,
$115,673,000, to be allocated as follows:
(i) For operation and maintenance,
$79,357,000.
(ii) For program direction,
$36,316,000.
(C) For program direction, $219,071,000.
(2) Defense nuclear nonproliferation.--For other
nuclear security activities, $877,467,000, to be
allocated as follows:
(A) For nonproliferation and verification
research and development, $252,990,000, to be
allocated as follows:
(i) For operation and maintenance,
$245,990,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification
of facilities, and the continuation of
projects authorized in prior years, and
land acquisition related thereto),
$7,000,000, to be allocated as follows:
Project 00-D-192,
nonproliferation and
international security center
(NISC), Los Alamos National
Laboratory, Los Alamos, New
Mexico, $7,000,000.
(B) For arms control, $320,560,000, to be
allocated as follows:
(i) For arms control operations,
$285,370,000.
(ii) For highly enriched uranium
transparency implementation,
$15,190,000.
(iii) For international nuclear
safety, $20,000,000.
(C) For fissile materials control and
disposition, $252,449,000, to be allocated as
follows:
(i) For operation and maintenance,
$175,517,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification
of facilities, and the continuation of
projects authorized in prior years, and
land acquisition related thereto),
$76,932,000, to be allocated as
follows:
Project 01-D-407, highly
enriched uranium blend-down,
Savannah River Site, Aiken,
South Carolina, $27,932,000.
Project 00-D-142,
immobilization and associated
processing facility (Title I
and II design), Savannah River
Site, Aiken, South Carolina,
$3,000,000.
Project 99-D-141, pit
disassembly and conversion
facility (Title I and II
design), Savannah River Site,
Aiken, South Carolina,
$20,000,000.
Project 99-D-143, mixed
oxide fuel fabrication facility
(Title I and II design),
Savannah River Site, Aiken,
South Carolina, $26,000,000.
(D) For program direction, $51,468,000.
(3) Naval reactors.--For naval reactors,
$694,600,000, to be allocated as follows:
(A) For naval reactors development,
$673,200,000, to be allocated as follows:
(i) For operation and maintenance,
$644,500,000.
(ii) For general plant projects,
$11,400,000.
(iii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification
of facilities, and the continuation of
projects authorized in prior years, and
land acquisition related thereto),
$17,300,000, to be allocated as
follows:
Project 01-D-200, major
office replacement building,
Schenectady, New York,
$1,300,000.
Project 90-N-102, expended
core facility dry cell project,
Naval Reactors Facility, Idaho,
$16,000,000.
(B) For program direction, $21,400,000.
(4) Office of Administrator for Nuclear Security.--
For the Office of the Administrator for Nuclear
Security, for program direction, $10,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

(a) In General.--Subject to subsection (b), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for environmental restoration and
waste management activities in carrying out programs necessary
for national security in the amount of $6,058,009,000, to be
allocated as follows:
(1) Closure projects.--For closure projects carried
out in accordance with section 3143 of the National
Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2836; 42 U.S.C. 7277n),
$1,082,297,000.
(2) Site/project completion.--For site completion
and project completion in carrying out environmental
management activities necessary for national security
programs, $941,719,000, to be allocated as follows:
(A) For operation and maintenance,
$900,175,000.
(B) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $41,544,000, to be allocated
as follows:
Project 01-D-402, Intec cathodic
protection system expansion, Idaho
National Engineering and Environmental
Laboratory, Idaho Falls, Idaho,
$500,000.
Project 99-D-402, tank farm support
services, F&H areas, Savannah River
Site, Aiken, South Carolina,
$7,714,000.
Project 99-D-404, health physics
instrumentation laboratory, Idaho
National Engineering and Environmental
Laboratory, Idaho Falls, Idaho,
$4,300,000.
Project 98-D-453, plutonium
stabilization and handling system for
plutonium finishing plant, Richland,
Washington, $1,690,000.
Project 97-D-470, regulatory
monitoring and bioassay laboratory,
Savannah River Site, Aiken, South
Carolina, $3,949,000.
Project 96-D-471,
chlorofluorocarbon heating,
ventilation, and air conditioning and
chiller retrofit, Savannah River Site,
Aiken, South Carolina, $12,512,000.
Project 92-D-140, F&H canyon
exhaust upgrades, Savannah River Site,
Aiken, South Carolina, $8,879,000.
Project 86-D-103, decontamination
and waste treatment facility, Lawrence
Livermore National Laboratory,
Livermore, California, $2,000,000.
(3) Post-2006 completion.--For post-2006 completion
in carrying out environmental restoration and waste
management activities necessary for national security
programs, $3,432,457,000, to be allocated as follows:
(A) For operation and maintenance,
$2,691,106,000.
(B) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $27,212,000, to be allocated
as follows:
Project 93-D-187, high-level waste
removal from filled waste tanks,
Savannah River Site, Aiken, South
Carolina, $27,212,000.
(C) For the Office of River Protection in
carrying out environmental restoration and
waste management activities necessary for
national security programs, $714,139,000, to be
allocated as follows:
(i) For operation and maintenance,
$309,619,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification
of facilities, and the continuation of
projects authorized in prior years, and
land acquisition related thereto),
$404,520,000, to be allocated as
follows:
Project 01-D-416, Tank
Waste Remediation System
privatization phase I,
Richland, Washington,
$332,000,000.
Project 01-D-403,
immobilized high-level waste
interim storage facility,
Richland, Washington,
$1,300,000.
Project 99-D-403,
privatization phase I
infrastructure support,
Richland, Washington,
$7,812,000.
Project 97-D-402, tank farm
restoration and safe
operations, Richland,
Washington, $46,023,000.
Project 94-D-407, initial
tank retrieval systems,
Richland, Washington,
$17,385,000.
(4) Science and technology development.--For
science and technology development in carrying out
environmental restoration and waste management
activities necessary for national security programs,
$246,548,000.
(5) Program direction.--For program direction in
carrying out environmental restoration and waste
management activities necessary for national security
programs, $354,988,000.
(b) Adjustment.--The total amount authorized to be
appropriated by subsection (a) is the sum of the amounts
authorized to be appropriated by paragraphs (1) through (5) of
that subsection, reduced by $84,317,000, to be derived from
offsets and use of prior year balances.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2001
for other defense activities in carrying out programs necessary
for national security in the amount of $543,822,000, to be
allocated as follows:
(1) Intelligence.--For intelligence, $38,059,000,
to be allocated as follows:
(A) For operation and maintenance,
$36,059,000.
(B) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $2,000,000, to be allocated
as follows:
Project 01-D-800, Sensitive
compartmented information facility,
Lawrence Livermore National Laboratory,
Livermore, California, $2,000,000.
(2) Counterintelligence.--For counterintelligence,
$45,200,000.
(3) Security and emergency operations.--For
security and emergency operations, $284,076,000, to be
allocated as follows:
(A) For nuclear safeguards and security,
$124,409,000.
(B) For security investigations,
$33,000,000.
(C) For emergency management, $37,300,000.
(D) For program direction, $89,367,000.
(4) Independent oversight and performance
assurance.--For independent oversight and performance
assurance, $14,937,000.
(5) Environment, safety, and health.--For the
Office of Environment, Safety, and Health,
$134,050,000, to be allocated as follows:
(A) For environment, safety, and health
(defense), $86,446,000.
(B) For the Energy Employees Occupational
Illness Compensation initiative, $25,000,000.
(C) For program direction, $22,604,000.
(6) Worker and community transition assistance.--
For worker and community transition assistance,
$24,500,000, to be allocated as follows:
(A) For worker and community transition,
$21,500,000.
(B) For program direction, $3,000,000.
(7) Office of hearings and appeals.--For the Office
of Hearings and Appeals, $3,000,000.
(b) Adjustments.--The amount authorized to be appropriated
pursuant to subsection (a)(3)(B) is reduced by $20,000,000 to
reflect an offset provided by user organizations for security
investigations.

SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2001
for privatization initiatives in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $90,092,000, to be
allocated as follows:
Project 98-PVT-2, spent nuclear fuel dry storage,
Idaho Falls, Idaho, $25,092,000.
Project 97-PVT-2, advanced mixed waste treatment
project Idaho Falls, Idaho, $65,000,000.
(b) Explanation of Adjustment.--The amount authorized to be
appropriated pursuant to subsection (a) is the sum of the
amounts authorized to be appropriated for the projects in that
subsection reduced by $90,092,000 for use of prior year
balances of funds for defense environmental management
privatization.

SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2001 for payment to the
Nuclear Waste Fund established in section 302(c) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$112,000,000.

Subtitle B--Recurring General Provisions

SEC. 3121. REPROGRAMMING.

(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to in
subsection (b) and a period of 30 days has elapsed after the
date on which such committees receive the report, the Secretary
may not use amounts appropriated pursuant to this title for any
program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $1,000,000 more than the amount
authorized for that program by this title; or
(2) which has not been presented to, or requested
of, Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of the proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which either
House of Congress is not in session because of an adjournment
of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total amount
authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because of
unforeseen cost variations and the revised cost of the project
exceeds $5,000,000, the Secretary shall immediately furnish a
report to the congressional defense committees explaining the
reasons for the cost variation.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the project
above the total estimated cost, whenever the current estimated
cost of the construction project, authorized by 3101, 3102, or
3103, or which is in support of national security programs of
the Department of Energy and was authorized by any previous
Act, exceeds by more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the
project as shown in the most recent budget
justification data submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the
actions and the circumstances making such action
necessary; and
(B) a period of 30 days has elapsed after the date
on which the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) does not apply to a
construction project with a current estimated cost of less than
$5,000,000.

SEC. 3124. FUND TRANSFER AUTHORITY.

(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title to other Federal
agencies for the performance of work for which the funds were
authorized. Funds so transferred may be merged with and be
available for the same purposes and for the same time period as
the authorizations of the Federal agency to which the amounts
are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to
paragraph (2), the Secretary of Energy may transfer funds
authorized to be appropriated to the Department of Energy
pursuant to this title between any such authorizations. Amounts
of authorizations so transferred may be merged with and be
available for the same purposes and for the same period as the
authorization to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization may
be transferred between authorizations under paragraph (1). No
such authorization may be increased or decreased by more than 5
percent by a transfer under such paragraph.
(c) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may be used only to provide funds for items
relating to activities necessary for national security
programs that have a higher priority than the items
from which the funds are transferred; and
(2) may not be used to provide funds for an item
for which Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committees on Armed Services of the Senate
and House of Representatives of any transfer of funds to or
from authorizations under this title.

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

(a) Requirement of Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the conceptual
design before submitting a request for funds for the
construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated
cost of which is less than $5,000,000; or
(B) for emergency planning, design, and
construction activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for that design must be specifically authorized by law.

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.

(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including funds authorized to be
appropriated for advance planning and construction design under
sections 3101, 3102, and 3103, to perform planning, design, and
construction activities for any Department of Energy national
security program construction project that, as determined by
the Secretary, must proceed expeditiously in order to protect
public health and safety, to meet the needs of national
defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any construction
project until the Secretary has submitted to the congressional
defense committees a report on the activities that the
Secretary intends to carry out under this section and the
circumstances making those activities necessary.
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.

Subject to the provisions of appropriation Acts and section
3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.

SEC. 3128. AVAILABILITY OF FUNDS.

(a) In General.--Except as provided in subsection (b), when
so specified in an appropriations Act, amounts appropriated for
operation and maintenance or for plant projects may remain
available until expended.
(b) Exception for Program Direction Funds.--Amounts
appropriated for program direction pursuant to an authorization
of appropriations in subtitle A shall remain available to be
expended only until the end of fiscal year 2002.

SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.

(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of
each field office of the Department of Energy with the
authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the office
to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or
from any program or project under subsection (a) in a fiscal
year.
(2) The amount transferred to or from a program or project
under subsection (a) may not exceed $5,000,000 in a fiscal
year.
(3) A transfer may not be carried out by a manager of a
field office under subsection (a) unless the manager determines
that the transfer is necessary to address a risk to health,
safety, or the environment or to assure the most efficient use
of defense environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied
funds or for a new program or project that has not been
authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the
Assistant Secretary of Energy for Environmental Management,
shall notify Congress of any transfer of funds pursuant to
subsection (a) not later than 30 days after such transfer
occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with
respect to a field office of the Department of Energy,
any of the following:
(A) A program referred to or a project
listed in paragraph (2) or (3) of section 3102.
(B) A program or project not described in
subparagraph (A) that is for environmental
restoration or waste management activities
necessary for national security programs of the
Department, that is being carried out by the
office, and for which defense environmental
management funds have been authorized and
appropriated before the date of the enactment
of this Act.
(2) The term ``defense environmental management
funds'' means funds appropriated to the Department of
Energy pursuant to an authorization for carrying out
environmental restoration and waste management
activities necessary for national security programs.
(f) Duration of Authority.--The managers of the field
offices of the Department may exercise the authority provided
under subsection (a) during the period beginning on October 1,
2000, and ending on September 30, 2001.

Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. FUNDING FOR TERMINATION COSTS OF RIVER PROTECTION PROJECT,
RICHLAND, WASHINGTON.

The Secretary of Energy may not use appropriated funds to
establish a reserve for the payment of any costs of termination
of any contract relating to the River Protection Project,
Richland, Washington (as designated by section 3141), that is
terminated after the date of the enactment of this Act. Such
costs may be paid from--
(1) appropriations originally available for the
performance of the contract concerned;
(2) appropriations currently available for
privatization initiatives in carrying out environmental
restoration and waste management activities necessary
for national security programs, and not otherwise
obligated; or
(3) funds appropriated specifically for the payment
of such costs.

SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR SECURITY
ADMINISTRATION AND BALLISTIC MISSILE DEFENSE
ORGANIZATION.

(a) Jointly Funded Projects.--The Secretary of Energy and
the Secretary of Defense shall modify the memorandum of
understanding for the use of the national laboratories for
ballistic missile defense programs, entered into under section
3131 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 2034; 10 U.S.C. 2431 note),
to provide for jointly funded projects.
(b) Requirements for Projects.--The projects referred to in
subsection (a) shall--
(1) be carried out by the National Nuclear Security
Administration and the Ballistic Missile Defense
Organization; and
(2) contribute to sustaining--
(A) the expertise necessary for the
viability of such laboratories; and
(B) the capabilities required to sustain
the nuclear stockpile.
(c) Participation by NNSA in Certain BMDO Activities.--The
Administrator for Nuclear Security and the Director of the
Ballistic Missile Defense Organization shall implement
mechanisms that increase the cooperative relationship between
those organizations. Those mechanisms may include participation
by personnel of the National Nuclear Security Administration in
the following activities of the Ballistic Missile Defense
Organization:
(1) Peer reviews of technical efforts.
(2) Activities of so-called ``red teams''.

SEC. 3133. REPROGRAMMING OF FUNDS AVAILABLE FOR INFRASTRUCTURE UPGRADES
OR MAINTENANCE IN CERTAIN ACCOUNTS OF THE NATIONAL
NUCLEAR SECURITY ADMINISTRATION.

(a) Limitation.--(1) Except as provided in paragraph (2),
the Secretary of Energy may not use amounts appropriated or
otherwise made available to the Secretary for fiscal year 2001
for the purpose of infrastructure upgrades or maintenance in an
account specified in subsection (b) for any other purpose.
(2) Paragraph (1) does not apply to a particular amount for
the purpose of a particular infrastructure upgrade or
maintenance project if the Secretary--
(A) determines that that project is not needed by
reason of a change to, or cancellation of, a program
for which that project was intended to be used; and
(B) submits to the congressional defense committees
the report referred to in subsection (c) and a period
of 45 days elapses after the date on which such
committees receive such report.
(b) Covered Accounts.--An account referred to in subsection
(a) is any Construction account or Readiness in Technical Base
and Facilities account within any National Nuclear Security
Administration budget account.
(c) Report.--(1) The report referred to in subsection
(a)(2)(B) is a report containing a full and complete statement
of--
(A) the determination of the Secretary under
subsection (a)(2)(A); and
(B) the action proposed to be taken with the
particular amount concerned and the facts and
circumstances relied upon in support of such proposed
action.
(2) In the computation of the 45-day period under
subsection (a)(2)(B), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than three days to a day certain.
(d) Coordination With General Reprogramming Report.--If the
Secretary, in accordance with this section, submits a report
referred to in subsection (c) for the use of a particular
amount, that report shall be treated, for purposes of section
3121, as the report referred to in subsection (b) of that
section for that use of that amount.

SEC. 3134. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS FOR
POST-SHIPMENT VERIFICATION REPORTS ON ADVANCED
SUPERCOMPUTER 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).''.

SEC. 3135. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

(a) Covered Persons.--Subsection (b) of section 3154 of the
Department of Energy Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999 (subtitle D of
title XXXI of Public Law 106-65; 113 Stat. 941; 42 U.S.C.
7383h) is amended to read as follows:
``(b) Covered Persons.--(1) Subject to paragraph (2), for
purposes of this section, a covered person is one of the
following:
``(A) An officer or employee of the Department.
``(B) An expert or consultant under contract to the
Department.
``(C) An officer or employee of a contractor of the
Department.
``(D) An individual assigned or detailed to the
Department.
``(E) An applicant for a position in the
Department.
``(2) A person described in paragraph (1) is a covered
person for purposes of this section only if the position of the
person, or for which the person is applying, under that
paragraph is a position in one of the categories of positions
listed in section 709.4(a) of title 10, Code of Federal
Regulations.''.
(b) High-Risk Programs.--Subsection (c) of that section is
amended to read as follows:
``(c) High-Risk Programs.--For purposes of this section,
high-risk programs are the following:
``(1) Programs using information known as Sensitive
Compartmented Information.
``(2) The programs known as Special Access Programs
and Personnel Security and Assurance Programs.
``(3) Any other program or position category
specified in section 709.4(a) of title 10, Code of
Federal Regulations.''.
(c) Authority To Waive Examination Requirement.--Subsection
(d) of that section is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
and
(2) by adding at the end the following new
paragraphs:
``(2) Subject to paragraph (3), the Secretary may, after
consultation with appropriate security personnel, waive the
applicability of paragraph (1) to a covered person--
``(A) if--
``(i) the Secretary determines that the
waiver is important to the national security
interests of the United States;
``(ii) the covered person has an active
security clearance; and
``(iii) the covered person acknowledges in
a signed writing that the capacity of the
covered person to perform duties under a high-
risk program after the expiration of the waiver
is conditional upon meeting the requirements of
paragraph (1) within the effective period of
the waiver;
``(B) if another Federal agency certifies to the
Secretary that the covered person has completed
successfully a full-scope or counterintelligence-scope
polygraph examination during the 5-year period ending
on the date of the certification; or
``(C) if the Secretary determines, after
consultation with the covered person and appropriate
medical personnel, that the treatment of a medical or
psychological condition of the covered person should
preclude the administration of the examination.
``(3)(A) The Secretary may not commence the exercise of the
authority under paragraph (2) to waive the applicability of
paragraph (1) to any covered persons until 15 days after the
date on which the Secretary submits to the appropriate
committees of Congress a report setting forth the criteria to
be used by the Secretary for determining when a waiver under
paragraph (2)(A) is important to the national security
interests of the United States. The criteria shall not include
the need to maintain the scientific vitality of the laboratory.
The criteria shall include an assessment of counterintelligence
risks and programmatic impacts.
``(B) Any waiver under paragraph (2)(A) shall be effective
for not more than 120 days, and a person who is subject to a
waiver under paragraph (2)(A) may not ever be subject to
another waiver under paragraph (2)(A).
``(C) Any waiver under paragraph (2)(C) shall be effective
for the duration of the treatment on which such waiver is
based.
``(4) The Secretary shall submit to the appropriate
committees of Congress on a semi-annual basis a report on any
determinations made under paragraph (2)(A) during the 6-month
period ending on the date of such report. The report shall
include a national security justification for each waiver
resulting from such determinations.
``(5) In this subsection, the term `appropriate committees
of Congress' means the following:
``(A) The Committee on Armed Services and the
Select Committee on Intelligence of the Senate.
``(B) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
``(6) It is the sense of Congress that the waiver authority
in paragraph (2) not be used by the Secretary to exempt from
the applicability of paragraph (1) any covered persons in the
highest risk categories, such as persons who have access to the
most sensitive weapons design information and other highly
sensitive programs, including special access programs.
``(7) The authority under paragraph (2) to waive the
applicability of paragraph (1) to a covered person shall expire
on September 30, 2002.''.
(d) Scope of Counterintelligence Polygraph Examination.--
Subsection (f) of that section is amended--
(1) by inserting ``terrorism,'' after
``sabotage,''; and
(2) by inserting ``deliberate damage to or
malicious misuse of a United States Government
information or defense system,'' before ``and''.

SEC. 3136. 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 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.
(j) Termination.--The authority to provide incentives under
this section terminates on March 31, 2007.

SEC. 3137. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION OF
LEGACY NUCLEAR MATERIALS.

(a) Continuation.--The Secretary of Energy shall continue
operations and maintain a high state of readiness at the F-
canyon and H-canyon facilities at the Savannah River Site,
Aiken, South Carolina, and shall provide technical staff
necessary to operate and so maintain such facilities.
(b) Limitation on Use of Funds for Decommissioning of F-
Canyon Facility.--No amounts authorized to be appropriated or
otherwise made available for the Department of Energy by this
or any other Act may be obligated or expended for purposes of
commencing the decommissioning of the F-canyon facility at the
Savannah River Site until the Secretary and the Defense Nuclear
Facilities Safety Board jointly submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives the following:
(1) A certification that all materials present in
the F-canyon facility as of the date of the
certification are safely stabilized.
(2) A certification whether or not the requirements
applicable to the F-canyon facility to meet the future
needs of the United States for fissile materials
disposition can be met through full use of the H-canyon
facility at the Savannah River Site.
(3) If the certification required by paragraph (2)
is that such requirements cannot be met through such
use of the H-canyon facility--
(A) an identification by the Secretary of
each such requirement that cannot be met
through such use of the H-canyon facility; and
(B) for each requirement identified in
subparagraph (A), the reasons why that
requirement cannot be met through such use of
the H-canyon facility and a description of the
alternative capability for fissile materials
disposition that is needed to meet that
requirement.
(c) Plan for Transfer of Long-Term Chemical Separation
Activities.--Not later than February 15, 2001, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a plan for the transfer of all long-term
chemical separation activities at the Savannah River Site from
the F-canyon facility to the H-canyon facility commencing in
fiscal year 2002.

SEC. 3138. CONTINGENT LIMITATION ON USE OF CERTAIN FUNDS PENDING
CERTIFICATIONS OF COMPLIANCE WITH FORMERLY UTILIZED
SITES REMEDIAL ACTION PROGRAM FUNDING PROHIBITION.

(a) Contingent Limitation on Availability of Funds for
Certain Travel Expenses.--Effective November 1, 2001, but
subject to subsection (b), no funds authorized to be
appropriated or otherwise made available by this or any other
Act for the Department of Energy or the Department of the Army
may be obligated or expended for travel by--
(1) the Secretary of Energy or any officer or
employee of the Office of the Secretary of Energy; or
(2) the Chief of Engineers.
(b) Effective Date.--The limitation in subsection (a) shall
not take effect if before November 1, 2001, both of the
following certifications are submitted to the congressional
defense committees:
(1) A certification by the Secretary of Energy that
the Department of Energy is in compliance with the
requirements of section 3131 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 925; 10 U.S.C. 2701 note).
(2) A certification by the Chief of Engineers that
the Corps of Engineers is in compliance with the
requirements of that section.
(c) Termination.--If the limitation in subsection (a) takes
effect, the limitation shall cease to be in effect when both
certifications referred to in subsection (b) have been
submitted to the congressional defense committees.

SEC. 3139. CONCEPTUAL DESIGN FOR SUBSURFACE GEOSCIENCES LABORATORY AT
IDAHO NATIONAL ENGINEERING AND ENVIRONMENTAL
LABORATORY, IDAHO FALLS, IDAHO.

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

SEC. 3140. REPORT ON NATIONAL IGNITION FACILITY, LAWRENCE LIVERMORE
NATIONAL LABORATORY, LIVERMORE, CALIFORNIA.

(a) New Baseline.--(1) Not more than 50 percent of the
funds available for the national ignition facility (Project 96-
D-111) may be obligated or expended until the Administrator for
Nuclear Security submits to the Committees on Armed Services of
the Senate and House of Representatives a report setting forth
a new baseline plan for the completion of the national ignition
facility.
(2) The report shall include--
(A) the funding required for completion of the
facility, set forth in detail, year by year; and
(B) projected dates for the completion of program
milestones, including the date on which the first laser
beams are expected to become operational.
(b) Comptroller General Review of NIF Program.--(1) The
Comptroller General shall conduct a thorough review of the
national ignition facility program.
(2) Not later than March 31, 2001, the Comptroller General
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the review conducted
under paragraph (1). The report shall include the following:
(A) An analysis of--
(i) the role of the national ignition
facility in ensuring the safety and reliability
of the nuclear stockpile of the United States;
(ii) the relationship of the national
ignition facility program to other significant
programs to sustain the nuclear stockpile of
the United States; and
(iii) the potential effect of delays in the
national ignition facility program, and of a
failure to complete significant program
objectives of the program, on the other
significant programs to sustain the nuclear
stockpile of the United States, such as the
Accelerated Strategic Computing Initiative
Program.
(B) A detailed description and analysis of the
funds spent as of the date of the report on the
national ignition facility program.
(C) An assessment whether the new baseline plan for
the national ignition facility program submitted under
subsection (a) includes clear goals for that program,
adequate and sustainable funding, and achievable
milestones for that program.

SEC. 3141. RIVER PROTECTION PROJECT, RICHLAND, WASHINGTON.

(a) Redesignation of Project.--The tank waste remediation
system environmental project, Richland, Washington, including
all programs relating to the retrieval and treatment of tank
waste at the site at Hanford, Washington, under the management
of the Office of River Protection, 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.
(b) Management and Responsibility of Office of River
Protection.--Subsection (b) of section 3139 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2250) is amended--
(1) in paragraph (2), by striking ``managing all
aspects of the'' and all that follows through the
period and inserting ``managing, consistent with the
policy direction established by the Department, all
aspects of the River Protection Project, Richland,
Washington.''; and
(2) by adding at the end the following new
paragraph:
``(3)(A) The Assistant Secretary of Energy for
Environmental Management shall delegate in writing
responsibility for the management of the River Protection
Project, Richland, Washington, to the head of the Office.
``(B) Such delegation shall include, at a minimum,
authorities for contracting, financial management, safety, and
general program management that are equivalent to the
authorities of managers of other operations offices of the
Department of Energy.
``(C) The head of the Office shall, to the maximum extent
possible, coordinate all activities of the Office with the
manager of the Richland Operations Office of the Department of
Energy.''.
(c) Department Responsibilities.--Subsection (c) of such
section is amended--
(1) by striking ``manager'' and inserting ``head'';
and
(2) by striking ``to manage'' and all that follows
through the period and inserting ``to carry out the
responsibilities specified in subsection (b)(2).''.
(d) Reporting to Congress.--Subsection (d) of such section
is amended to read as follows:
``(d) Report.--The Assistant Secretary of Energy for
Environmental Management shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives, not later than 30 days after the
date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, a copy of the
delegation of authority required by subsection (b)(3).''.

SEC. 3142. REPORT ON TANK WASTE REMEDIATION SYSTEM, HANFORD
RESERVATION, RICHLAND, WASHINGTON.

Not later than December 15, 2000, the Secretary of Energy
shall submit to Congress a report on the Tank Waste Remediation
System project, Hanford Reservation, Richland, Washington. The
report shall include the following:
(1) A proposed plan for processing and stabilizing
all nuclear waste located in the Hanford Tank Farm.
(2) A proposed schedule for carrying out that
proposed plan.
(3) The total estimated cost of carrying out that
proposed plan.
(4) A description of any alternative options to
that proposed plan and a description of the costs and
benefits of each such option.
(5) A description of the volumes and
characteristics of any wastes or materials that are not
to be treated during phase 1(B) of the project.
(6) A plan for developing, demonstrating, and
implementing advanced vitrification system technologies
that can be used to treat and stabilize any out-of-
specification wastes or materials (such as
polychlorinated biphenyls) that cannot be treated and
stabilized with the technologies that are to be used
during phase 1(B) of the project.

Subtitle D--Matters Relating to Management of National Nuclear Security
Administration

SEC. 3151. TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER SECRETARY
FOR NUCLEAR SECURITY OF THE DEPARTMENT OF ENERGY.

(a) Length of Term.--The term of office as Under Secretary
for Nuclear Security of the Department of Energy of the person
first appointed to that position shall be three years.
(b) Exclusive Reasons for Removal.--The exclusive reasons
for removal from office as Under Secretary for Nuclear Security
of the person described in subsection (a) shall be
inefficiency, neglect of duty, or malfeasance in office.
(c) Position Described.--The position of Under Secretary
for Nuclear Security of the Department of Energy referred to in
this section is the position established by subsection (c) of
section 202 of the Department of Energy Organization Act (42
U.S.C. 7132), as added by section 3202 of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-65;
113 Stat. 954).

SEC. 3152. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECURITY ON THE
JOINT NUCLEAR WEAPONS COUNCIL.

(a) Membership.--Section 179 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking paragraph (3)
and inserting the following new paragraph (3):
``(3) The Under Secretary for Nuclear Security of
the Department of Energy.''; and
(2) in subsection (b)(2), by striking ``the
representative designated under subsection (a)(3)'' and
inserting ``the Under Secretary for Nuclear Security of
the Department of Energy''.
(b) Conforming Amendment.--Section 3212 of the National
Nuclear Security Administration Act (title XXXII of Public Law
106-65; 113 Stat. 957; 50 U.S.C. 2402) is amended by adding at
the end the following new subsection:
``(e) Membership on Joint Nuclear Weapons Council.--The
Administrator serves as a member of the Joint Nuclear Weapons
Council under section 179 of title 10, United States Code.''.

SEC. 3153. ORGANIZATION PLAN FOR FIELD OFFICES OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.

(a) Plan Required.--Not later than May 1, 2001, the
Administrator for Nuclear Security shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a plan for
assigning roles and responsibilities to and among the
headquarters and field organizational units of the National
Nuclear Security Administration.
(b) Plan Elements.--The plan shall include the following:
(1) A general description of the organizational
structure of the administrative functions of the
National Nuclear Security Administration under the
plan, including the authorities and responsibilities to
be vested in the units of the headquarters, operations
offices, and area offices of the Administration.
(2) A description of any downsizing, elimination,
or consolidation of units of the headquarters,
operations offices, and area offices of the
Administration that may be necessary to enhance the
efficiency of the Administration.
(3) A description of the modifications of staffing
levels of the headquarters, operations offices, and
area offices of the Administration, including any
reductions in force, employment of additional
personnel, or realignments of personnel, that are
necessary to implement the plan.
(4) A schedule for the implementation of the plan.
(c) Included Facilities.--The plan shall address any
administrative units in the National Nuclear Security
Administration, including units in and under the following:
(1) The Department of Energy Headquarters,
Washington, District of Columbia, metropolitan area.
(2) The Albuquerque Operations Office, Albuquerque,
New Mexico.
(3) The Nevada Operations Office, Las Vegas,
Nevada.
(4) The Oak Ridge Operations Office, Oak Ridge,
Tennessee.
(5) The Oakland Operations Office, Oakland,
California.
(6) The Savannah River Operations Office, Aiken,
South Carolina.
(7) The Los Alamos Area Office, Los Alamos, New
Mexico.
(8) The Kirtland Area Office, Albuquerque, New
Mexico.
(9) The Amarillo Area Office, Amarillo, Texas.
(10) The Kansas City Area Office, Kansas City,
Missouri.

SEC. 3154. REQUIRED CONTENTS OF FUTURE-YEARS NUCLEAR SECURITY PROGRAM.

(a) Contents Required.--Subsection (b) of section 3253 of
the National Nuclear Security Administration Act (title XXXII
of Public Law 106-65; 113 Stat. 966; 50 U.S.C. 2453) is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph
(4); and
(3) by inserting before paragraph (4) (as
redesignated by paragraph (2)) the following new
paragraphs:
``(1) A detailed description of the program
elements (and the projects, activities, and
construction projects associated with each such program
element) during the applicable five-fiscal year period
for at least each of the following:
``(A) For defense programs--
``(i) directed stockpile work;
``(ii) campaigns;
``(iii) readiness in technical base
and facilities; and
``(iv) secure transportation asset.
``(B) For defense nuclear
nonproliferation--
``(i) nonproliferation and
verification, research, and
development;
``(ii) arms control; and
``(iii) fissile materials
disposition.
``(C) For naval reactors, naval reactors
operations and maintenance.
``(2) A statement of proposed budget authority,
estimated expenditures, and proposed appropriations
necessary to support each program element specified
pursuant to paragraph (1).
``(3) A detailed description of how the funds
identified for each program element specified pursuant
to paragraph (1) in the budget for the Administration
for each fiscal year during that five-fiscal year
period will help ensure that the nuclear weapons
stockpile is safe and reliable, as determined in
accordance with the criteria established under section
3158 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121
note).''.
(b) Conforming Amendments.--Such section is further
amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively; and
(3) in subsection (d), as so redesignated, by
striking ``subsection (d)'' and inserting ``subsection
(c)''.

SEC. 3155. FUTURE-YEARS NUCLEAR SECURITY PROGRAM FOR FISCAL YEAR 2001.

(a) Program Required.--(1) Without regard to any future-
years nuclear security program submitted before the date of the
enactment of this Act, the Administrator for Nuclear Security
shall submit to the congressional defense committees a future-
years nuclear security program (including associated annexes)
for fiscal year 2001 and the five succeeding fiscal years.
(2) The program shall reflect the estimated expenditures
and proposed appropriations included in the budget for fiscal
year 2001 that was submitted to Congress under section 1105(a)
of title 31, United States Code.
(b) Program Detail.--The level of detail of the program
submitted under subsection (a) shall be equivalent to the level
of detail in the Project Baseline Summary system of the
Department of Energy, if practicable, but in no event below the
following:
(1) In the case of directed stockpile work, detail
as follows:
(A) Stockpile research and development.
(B) Stockpile maintenance.
(C) Stockpile evaluation.
(D) Dismantlement and disposal.
(E) Production support.
(F) Field engineering, training, and
manuals.
(2) In the case of campaigns, detail as follows:
(A) Primary certification.
(B) Dynamic materials properties.
(C) Advanced radiography.
(D) Secondary certification and nuclear
system margins.
(E) Enhanced surety.
(F) Weapons system engineering
certification.
(G) Certification in hostile environments.
(H) Enhanced surveillance.
(I) Advanced design and production
technologies.
(J) Inertial confinement fusion (ICF)
ignition and high yield.
(K) Defense computing and modeling.
(L) Pit manufacturing readiness.
(M) Secondary readiness.
(N) High explosive readiness.
(O) Nonnuclear readiness.
(P) Materials readiness.
(Q) Tritium readiness.
(3) In the case of readiness in technical base and
facilities, detail as follows:
(A) Operation of facilities.
(B) Program readiness.
(C) Special projects.
(D) Materials recycle and recovery.
(E) Containers.
(F) Storage.
(4) In the case of secure transportation assets,
detail as follows:
(A) Operation and maintenance.
(B) Program direction relating to
transportation.
(5) Program direction.
(6) Construction (listed by project number).
(7) In the case of safeguards and security, detail
as follows:
(A) Operation and maintenance.
(B) Construction.
(c) Deadline for Submittal.--The future-years nuclear
security program required by subsection (a) shall be submitted
not later than November 1, 2000.
(d) Limitation on Use of Funds Pending Submittal.--Not more
than 65 percent of the funds appropriated pursuant to the
authorization of appropriations in section 3101(a)(1)(C) or
otherwise made available to the Department of Energy for fiscal
year 2001 for program direction in carrying out weapons
activities may be obligated or expended until 45 days after the
date on which the Administrator for Nuclear Security submits to
the congressional defense committees the program required by
subsection (a).

SEC. 3156. ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND
DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR
WEAPONS PRODUCTION PLANTS.

(a) Authority for Programs at Nuclear Weapons Productions
Facilities.--The Administrator for Nuclear Security shall
authorize the head of each nuclear weapons production facility
to establish an Engineering and Manufacturing Research,
Development, and Demonstration Program under this section.
(b) Projects and Activities.--The projects and activities
carried out through the program at a nuclear weapons production
facility under this section shall support innovative or high-
risk design and manufacturing concepts and technologies with
potentially high payoff for the nuclear weapons complex. Those
projects and activities may include--
(1) replacement of obsolete or aging design and
manufacturing technologies;
(2) development of innovative agile manufacturing
techniques and processes; and
(3) training, recruitment, or retention of
essential personnel in critical engineering and
manufacturing disciplines.
(c) Funding.--The Administrator may authorize the head of
each nuclear weapons production facility to obligate up to
$3,000,000 of funds within the Advanced Design and Production
Technologies Campaign available for such facility during fiscal
year 2001 to carry out projects and activities of the program
under this section at that facility.
(d) Report.--The Administrator for Nuclear Security shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives,
not later than September 15, 2001, a report describing, for
each nuclear weapons production facility, each project or
activity for which funds were obligated under the program, the
criteria used in the selection of each such project or
activity, the potential benefits of each such project or
activity, and the Administrator's recommendation concerning
whether the program should be continued.
(e) Definition.--For purposes of this section, the term
``nuclear weapons production facility'' has the meaning given
that term in section 3281(2) of the National Nuclear Security
Administration Act (title XXXII of Public Law 106-65; 113 Stat.
968; 50 U.S.C. 2471(2)).

SEC. 3157. PROHIBITION ON INDIVIDUALS ENGAGING IN CONCURRENT SERVICE OR
DUTIES WITHIN NATIONAL NUCLEAR SECURITY
ADMINISTRATION AND OUTSIDE THAT ADMINISTRATION BUT
WITHIN DEPARTMENT OF ENERGY.

Section 3213 of the National Nuclear Security
Administration Act (title XXXII of Public Law 106-65; 113 Stat.
958; 50 U.S.C. 2403) is amended--
(1) in subsection (a), by striking
``Administration,'' and all that follows through
``function of the'';
(2) in subsection (b), by striking ``, in carrying
out any function of the Administration,''; and
(3) by adding at the end the following new
subsection:
``(d) Prohibition on Dual Office Holding.--Except in
accordance with sections 3212(a)(2) and 3216(a)(1):
``(1) An individual may not concurrently hold or
carry out the responsibilities of--
``(A) a position within the Administration;
and
``(B) a position within the Department of
Energy not within the Administration.
``(2) No funds appropriated or otherwise made
available for any fiscal year may be used to pay, to an
individual who concurrently holds or carries out the
responsibilities of a position specified in paragraph
(1)(A) and a position specified in paragraph (1)(B),
the basic pay, salary, or other compensation relating
to any such position.''.

SEC. 3158. ANNUAL PLAN FOR OBLIGATION OF FUNDS OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.

(a) Plan Required.--Section 3252 of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-65;
113 Stat. 966; 50 U.S.C. 2452) is amended--
(1) by inserting ``(a) Procedures Required.--''
before ``The Administrator shall''; and
(2) by adding at the end the following new
subsections:
``(b) Annual Plan for Obligation of Funds.--(1) Each year,
the Administrator shall prepare a plan for the obligation of
the amounts that, in the President's budget submitted to
Congress that year under section 1105(a) of title 31, United
States Code, are proposed to be appropriated for the
Administration for the fiscal year that begins in that year (in
this section referred to as the `budget year') and the two
succeeding fiscal years.
``(2) For each program element and construction line item
of the Administration, the plan shall provide the goal of the
Administration for the obligation of those amounts for that
element or item for each fiscal year of the plan, expressed as
a percentage of the total amount proposed to be appropriated in
that budget for that element or item.
``(c) Submission of Plan and Report.--The Administrator
shall submit to Congress each year, at or about the time that
the President's budget is submitted to Congress under section
1105(a) of title 31, United States Code, each of the following:
``(1) The plan required by subsection (b) prepared
with respect to that budget.
``(2) A report on the plans prepared with respect
to the preceding years' budgets, which shall include,
for each goal provided in those plans--
``(A) the assessment of the Administrator
as to whether or not that goal was met; and
``(B) if that assessment is that the goal
was not met--
``(i) the reasons why that goal was
not met; and
``(ii) the plan of the
Administrator for meeting or, if
necessary, adjusting that goal.''.
(b) Effective Date of Requirement to Assess Prior Plan.--
The first report submitted under paragraph (2) of subsection
(c) of such section (as added by subsection (a)) shall be the
report on the plan prepared with respect to the budget
submitted in calendar year 2001.
(c) GAO Report.--Not later than March 15, 2001, the
Comptroller General shall submit to the congressional defense
committees an assessment of the adequacy of the planning,
programming, and budgeting processes of the National Nuclear
Security Administration.

SEC. 3159. AUTHORITY TO REORGANIZE NATIONAL NUCLEAR SECURITY
ADMINISTRATION.

(a) Reorganization Authority.--Section 3212 of the National
Nuclear Security Administration Act (title XXXII of Public Law
106-65; 113 Stat. 957; 50 U.S.C. 2402) is amended by adding at
the end the following new subsection:
``(e) Reorganization Authority.--Except as provided by
subsections (b) and (c) of section 3291:
``(1) The Administrator may establish, abolish,
alter, consolidate, or discontinue any organizational
unit or component of the Administration, or transfer
any function of the Administration.
``(2) Such authority does not apply to the
abolition of organizational units or components
established by law or the transfer of functions vested
by law in any organizational unit or component.''.
(b) Conforming Amendments.--Section 643 of the Department
of Energy Organization Act (42 U.S.C. 7253) is amended--
(1) by striking ``The Secretary'' and inserting
``(a) Except as provided in subsection (b), the
Secretary''; and
(2) by adding at the end the following new
subsection:
``(b) The authority of the Secretary under subsection (a)
does not apply to the National Nuclear Security Administration.
The corresponding authority that applies to the Administration
is set forth in section 3212(e) of the National Nuclear
Security Administration Act.''.

Subtitle E--National Laboratories Partnership Improvement

SEC. 3161. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM.

(a) Establishment.--The Administrator for Nuclear Security
shall establish a Technology Infrastructure Pilot Program in
accordance with this section.
(b) Purpose.--The purpose of the program shall be to
explore new methods of collaboration and improvements in the
management and effectiveness of collaborative programs carried
out by the national security laboratories and nuclear weapons
production facilities in partnership with private industry and
institutions of higher education and to improve the ability of
those laboratories and facilities to support missions of the
Administration.
(c) Funding.--(1) Except as provided in paragraph (2),
funding shall be available for the pilot program only to the
extent of specific authorizations and appropriations enacted
after the date of the enactment of this Act.
(2) From amounts available in fiscal years 2001 and 2002
for technology partnership programs of the Administration, the
Administrator may allocate to carry out the pilot program not
more than $5,000,000.
(d) Project Requirements.--A project may not be approved
for the pilot program unless the project meets the following
requirements:
(1) The participants in the project include--
(A) a national security laboratory or
nuclear weapons production facility; and
(B) one or more of the following:
(i) A business.
(ii) An institution of higher
education.
(iii) A nonprofit institution.
(iv) An agency of a State, local,
or tribal government.
(2)(A) Not less than 50 percent of the costs of the
project are to be provided by non-Federal sources.
(B)(i) The calculation of the amount of the costs
of the project provided by non-Federal sources shall
include cash, personnel, services, equipment, and other
resources expended on the project.
(ii) No funds or other resources expended before
the start of the project or outside the project's scope
of work may be credited toward the costs provided by
non-Federal sources to the project.
(3) The project (other than in the case of a
project under which the participating laboratory or
facility receives funding under this section) shall be
competitively selected by that laboratory or facility
using procedures determined to be appropriate by the
Administrator.
(4) No Federal funds shall be made available under
this section for--
(A) construction; or
(B) any project for more than five years.
(e) Selection Criteria.--(1) The projects selected for the
pilot program shall--
(A) stimulate the development of technology
expertise and capabilities in private industry and
institutions of higher education that can support the
nuclear weapons and nuclear nonproliferation missions
of the national security laboratories and nuclear
weapons production facilities on a continuing basis;
(B) improve the ability of those laboratories and
facilities benefit from commercial research,
technology, products, processes, and services that can
support the nuclear weapons and nuclear
nonproliferation missions of those laboratories and
facilities on a continuing basis; and
(C) encourage the exchange of scientific and
technological expertise between those laboratories and
facilities and--
(i) institutions of higher education;
(ii) technology-related business concerns;
(iii) nonprofit institutions; and
(iv) agencies of State, tribal, or local
governments;
that can support the missions of those laboratories and
facilities.
(2) The Administrator may authorize the provision of
Federal funds for a project under this section only if the
director of the laboratory or facility managing the project
determines that the project is likely to improve the ability of
that laboratory or facility to achieve technical success in
meeting nuclear weapons and nuclear nonproliferation missions
of the Administration.
(3) The Administrator shall require the director of the
laboratory or facility to consider the following criteria in
selecting a project to receive Federal funds:
(A) The potential of the project to succeed, based
on its technical merit, team members, management
approach, resources, and project plan.
(B) The potential of the project to promote the
development of a commercially sustainable technology,
determined by considering whether the project will
derive sufficient demand for its products or services
from the private sector to support the nuclear weapons
and nuclear nonproliferation missions of the
participating laboratory or facility on a continuing
basis.
(C) The potential of the project to promote the use
of commercial research, technology, products,
processes, and services by the participating laboratory
or facility to achieve its nuclear weapons and nuclear
nonproliferation missions.
(D) The commitment shown by non-Federal
organizations to the project, based primarily on the
nature and amount of the financial and other resources
they will risk on the project.
(E) The extent to which the project involves a wide
variety and number of institutions of higher education,
nonprofit institutions, and technology-related business
concerns that can support the nuclear weapons and
nuclear nonproliferation missions of the participating
laboratory or facility on a continuing basis and that
will make substantive contributions to achieving the
goals of the project.
(F) The extent of participation in the project by
agencies of State, tribal, or local governments that
will make substantive contributions to achieving the
goals of the project.
(G) The extent to which the project focuses on
promoting the development of technology-related
business concerns that are small business concerns or
involves small business concerns substantively in the
project.
(f) Implementation Plan.--No funds may be allocated for the
pilot program until 30 days after the date on which the
Administrator submits to the congressional defense committees a
plan for the implementation of the pilot program. The plan
shall, at a minimum--
(1) identify the national security laboratories and
nuclear weapons production facilities that have been
designated by the Administrator to participate in the
pilot program; and
(2) with respect to each laboratory or facility
identified under paragraph (1)--
(A) identify the businesses, institutions
of higher education, nonprofit institutions,
and agencies of State, local, or tribal
government that are expected to participate in
the pilot program at that laboratory or
facility;
(B) identify the technology areas to be
addressed by the pilot program at that
laboratory or facility and the manner in which
the pilot program will support high-priority
missions of that laboratory or facility on a
continuing basis; and
(C) describe the management controls that
have been put into place to ensure that the
pilot program as conducted at that laboratory
or facility is conducted in a cost-effective
manner consistent with the objectives of the
pilot program.
(g) Report on Implementation.--(1) Not later than February
1, 2002, the Administrator shall submit to the congressional
defense committees a report on the implementation and
management of the pilot program. The report shall take into
consideration the results of the pilot program to date and the
views of the directors of the participating laboratories and
facilities. The report shall include any recommendations the
Administrator may have concerning the future of the pilot
program.
(2) Not later than 30 days after the date on which the
Administrator submits the report required by paragraph (1), the
Comptroller General shall submit to the congressional defense
committees a report containing the Comptroller General's
assessment of that report.

SEC. 3162. REPORT ON SMALL BUSINESS PARTICIPATION IN NATIONAL NUCLEAR
SECURITY ADMINISTRATION ACTIVITIES.

(a) Report Required.--Not later than February 15, 2001, the
Administrator for Nuclear Security shall submit to the
congressional defense committees a report on small business
participation in the activities of the National Nuclear
Security Administration.
(b) Contents of Report.--The report shall include the
following:
(1) A description of the scope and nature of the
efforts of the National Nuclear Security Administration
as of the date of the enactment of this Act to
encourage or increase participation of small business
concerns in procurements, collaborative research,
technology licensing, and technology transfer
activities carried out by the national security
laboratories or nuclear weapons production facilities.
(2) An assessment of the effectiveness of those
efforts in securing products and services of value to
those laboratories and facilities.
(3) Recommendations on how to improve those
efforts.
(4) An identification of legislative changes
required to implement those recommendations.

SEC. 3163. STUDY AND REPORT RELATED TO IMPROVING MISSION EFFECTIVENESS,
PARTNERSHIPS, AND TECHNOLOGY TRANSFER AT NATIONAL
SECURITY LABORATORIES AND NUCLEAR WEAPONS
PRODUCTION FACILITIES.

(a) Study and Report Required.--The Secretary of Energy
shall direct the Secretary of Energy Advisory Board to study
and to submit to the Secretary not later than one year after
the date of the enactment of this Act a report regarding the
following topics:
(1) The advantages and disadvantages of providing
the Administrator for Nuclear Security with authority,
notwithstanding the limitations otherwise imposed by
the Federal Acquisition Regulation, to enter into
transactions with public agencies, private
organizations, or individuals on terms the
Administrator considers appropriate to the furtherance
of basic, applied, and advanced research functions. The
Advisory Board shall consider, in its assessment of
this authority, the management history of the
Department of Energy and the effect of this authority
on the National Nuclear Security Administration's use
of contractors to operate the national security
laboratories.
(2) The advantages and disadvantages of
establishing and implementing policies and procedures
to facilitate the transfer of scientific, technical,
and professional personnel among national security
laboratories and nuclear weapons production facilities.
(3) The advantages and disadvantages of making
changes in--
(A) the indemnification requirements for
patents or other intellectual property licensed
from a national security laboratory or nuclear
weapons production facility;
(B) the royalty and fee schedules and types
of compensation that may be used for patents or
other intellectual property licensed to a small
business concern from a national security
laboratory or nuclear weapons production
facility;
(C) the licensing procedures and
requirements for patents and other intellectual
property;
(D) the rights given to a small business
concern that has licensed a patent or other
intellectual property from a national security
laboratory or nuclear weapons production
facility to bring suit against third parties
infringing such intellectual property;
(E) the advance funding requirements for a
small business concern funding a project at a
national security laboratory or nuclear weapons
production facility through a funds-in
agreement;
(F) the intellectual property rights
allocated to a business when it is funding a
project at a national security laboratory or
nuclear weapons production facility through a
funds-in agreement; and
(G) policies on royalty payments to
inventors employed by a contractor operating a
national security laboratory or nuclear weapons
production facility, including those for
inventions made under a funds-in agreement.
(b) Definition of Funds-In Agreement.--For the purposes of
this section, the term ``funds-in agreement'' means a contract
between the Department and a non-Federal organization under
which that organization pays the Department to provide a
service or material not otherwise available in the domestic
private sector.
(c) Submission to Congress.--Not later than one month after
receiving the report under subsection (a), the Secretary shall
submit to Congress that report, along with the Secretary's
recommendations for action and proposals for legislation to
implement the recommendations.

SEC. 3164. REPORT ON EFFECTIVENESS OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION TECHNOLOGY DEVELOPMENT PARTNERSHIPS
WITH NON-FEDERAL ENTITIES.

(a) Report Required.--The Administrator for Nuclear
Security shall submit to Congress, not later than March 1,
2001, a report on the efficiency and effectiveness with which
the National Nuclear Security Administration and its
laboratories and facilities carry out technology development
activities in partnership with non-Federal entities, including
cooperative research and development agreements. The report
shall include an examination of the following matters with
respect to the carrying out of those activities:
(1) Funding sources available to and used by the
Administration.
(2) Types of legal instruments used by the
Administration, and the extent to which they are used.
(3) Procedures used for selection of participants.
(4) Intellectual property licensing and royalty
provisions.
(5) New technologies developed.
(6) The extent to which those new technologies
have--
(A) commercial utility; and
(B) utility to the nuclear weapons and
nuclear nonproliferation missions of the
Administration.
(b) Additional Requirements for Cooperative Research and
Development Agreements.--(1) The report required by subsection
(a) shall include a section providing the following with
respect to cooperative research and development agreements:
(A) An assessment of the advantages and
disadvantages of such agreements.
(B) Any recommendations of the Administrator
regarding the use of such agreements by the
Administration in the future, including any appropriate
funding levels.
(C) Any recommendations of the Administrator
regarding legislation to make such agreements more
effective in supporting the Administration's core
nuclear weapons and nuclear non-proliferation missions.
(2) In this subsection, the term ``cooperative research and
development agreement'' has the meaning given such term in
section 12(d)(1) of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a(d)(1)).
(c) GAO Review.--The Comptroller General shall submit to
Congress, within 30 days after the submission of the report
required by subsection (a), a report containing the Comptroller
General's assessment of that report.

SEC. 3165. DEFINITIONS.

For purposes of this subtitle, the terms ``national
security laboratory'' and ``nuclear weapons production
facility'' have the meanings given such terms in section 3281
of the National Nuclear Security Administration Act (title
XXXII of Public Law 106-65; 113 Stat. 968; 50 U.S.C. 2471).

Subtitle F--Matters Relating to Defense Nuclear Nonproliferation

SEC. 3171. ANNUAL REPORT ON STATUS OF NUCLEAR MATERIALS PROTECTION,
CONTROL, AND ACCOUNTING PROGRAM.

(a) Report Required.--Not later than January 1 of each
year, the Secretary of Energy 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 status
of efforts during the preceding fiscal year under the Nuclear
Materials Protection, Control, and Accounting Program of the
Department of Energy to secure weapons-usable nuclear materials
in Russia that have been identified as being at risk for theft
or diversion.
(b) Contents.--Each report under subsection (a) shall
include the following:
(1) The number of buildings, including building
locations, that received complete and integrated
materials protection, control, and accounting systems
for nuclear materials described in subsection (a)
during the year covered by such report.
(2) The amounts of highly enriched uranium and
plutonium in Russia that have been secured under
systems described in paragraph (1) as of the date of
such report.
(3) The amount of nuclear materials described in
subsection (a) that continues to require securing under
systems described in paragraph (1) as of the date of
such report.
(4) A plan for actions to secure the nuclear
materials identified in paragraph (3) under systems
described in paragraph (1), including an estimate of
the cost of such actions.
(5) The amounts expended through the fiscal year
preceding the date of such report to secure nuclear
materials described in subsection (a) under systems
described in paragraph (1), set forth by total amount
and by amount per fiscal year.
(c) Limitation on Use of Certain Funds.--(1) No amounts
authorized to be appropriated for the Department of Energy by
this Act or any other Act for purposes of the Nuclear Materials
Protection, Control, and Accounting Program may be obligated or
expended after September 30, 2000, for any project under the
program at a site controlled by the Russian Ministry of Atomic
Energy (MINATOM) in Russia until the Secretary submits to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
access policy established with respect to such project,
including a certification that the access policy has been
implemented.
(2) The access policy with respect to a project under this
subsection shall--
(A) permit appropriate determinations by United
States officials regarding security requirements,
including security upgrades, for the project; and
(B) ensure verification by United States officials
that Department of Energy assistance at the project is
being used for the purposes intended.

SEC. 3172. NUCLEAR CITIES INITIATIVE.

(a) In General.--(1) The Secretary of Energy may, in
accordance with the provisions of this section, expand and
enhance the activities of the Department of Energy under the
Nuclear Cities Initiative.
(2) In this section, the term ``Nuclear Cities Initiative''
means the initiative arising pursuant to the joint statement
dated July 24, 1998, signed by the Vice President of the United
States and the Prime Minister of the Russian Federation and the
agreement dated September 22, 1998, between the United States
and the Russian Federation.
(b) Funding for Fiscal Year 2001.--There is hereby
authorized to be appropriated for the Department of Energy for
fiscal year 2001 $30,000,000 for purposes of the Nuclear Cities
Initiative.
(c) Limitation Pending Submission of Agreement.--No amount
authorized to be appropriated or otherwise made available for
the Department of Energy for fiscal year 2001 for the Nuclear
Cities Initiative may be obligated or expended to provide
assistance under the Initiative for more than three nuclear
cities in Russia and two serial production facilities in Russia
until 30 days after the date on which the Secretary of Energy
submits to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a copy of a written agreement between the United States
Government and the Government of the Russian Federation which
provides that Russia will close some of its facilities engaged
in nuclear weapons assembly and disassembly work.
(d) Limitation Pending Implementation of Project Review
Procedures.--(1) Not more than $8,750,000 of the amounts
referred to in subsection (b) may be obligated or expended for
purposes of the Initiative until the Secretary of Energy
establishes and implements project review procedures for
projects under the Initiative and submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
project review procedures so established and implemented.
(2) The project review procedures established under
paragraph (1) shall ensure that any scientific, technical, or
commercial project initiated under the Initiative--
(A) will not enhance the military or weapons of
mass destruction capabilities of Russia;
(B) will not result in the inadvertent transfer or
utilization of products or activities under such
project for military purposes;
(C) will be commercially viable; and
(D) will be carried out in conjunction with an
appropriate commercial, industrial, or nonprofit entity
as partner.
(e) Limitation Pending Certification and Report.--No amount
in excess of $17,500,000 authorized to be appropriated for the
Department of Energy for fiscal year 2001 for the Nuclear
Cities Initiative may be obligated or expended for purposes of
providing assistance under the Initiative until 30 days after
the date on which the Secretary of Energy submits to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives the following:
(1) A copy of the written agreement between the
United States and the Russian Federation which provides
that Russia will close some of its facilities engaged
in nuclear weapons assembly and disassembly work within
five years of the date of the agreement in exchange for
receiving assistance through the Initiative.
(2) A certification by the Secretary--
(A) that project review procedures for all
projects under the Initiative have been
established and are being implemented; and
(B) that those procedures will ensure that
any scientific, technical, or commercial
project initiated under the Initiative--
(i) will not enhance the military
or weapons of mass destruction
capabilities of Russia;
(ii) will not result in the
inadvertent transfer or utilization of
products or activities under such
project for military purposes;
(iii) will be commercially viable
within three years after the date of
the initiation of the project; and
(iv) will be carried out in
conjunction with an appropriate
commercial, industrial, or other
nonprofit entity as partner.
(3) A report setting forth the following:
(A) A description of the project review
procedures process.
(B) A list of the projects under the
Initiative that have been reviewed under such
project review procedures.
(C) A description for each project listed
under subparagraph (B) of the purpose, expected
life-cycle costs, out-year budget costs,
participants, commercial viability, expected
time for income generation, and number of
Russian jobs created.
(f) Plan for Restructuring the Russian Nuclear Complex.--
(1) The President, acting through the Secretary of Energy, is
urged to enter into discussions with the Russian Federation for
purposes of the development by the Russian Federation of a plan
to restructure the Russian nuclear complex in order to meet
changes in the national security requirements of Russia by
2010.
(2) The plan under paragraph (1) should include the
following:
(A) Mechanisms to consolidate the nuclear weapons
production capacity in Russia to a capacity that is
consistent with the obligations of Russia under current
and future arms control agreements.
(B) Mechanisms to increase transparency regarding
the restructuring of the Russian nuclear complex and
weapons-surplus nuclear materials inventories in Russia
to the levels of transparency for such matters in the
United States, including the participation of
Department of Energy officials with expertise in
transparency of such matters.
(C) Measurable milestones that will permit the
United States and the Russian Federation to monitor
progress under the plan.
(g) Encouragement of Careers in Nonproliferation.--(1) In
carrying out actions under this section, the Secretary of
Energy may carry out a program to encourage students in the
United States and in the Russian Federation to pursue careers
in areas relating to nonproliferation.
(2) Of the amounts made available under the Initiative for
fiscal year 2001 in excess of $17,500,000, up to $2,000,000
shall be available for purposes of the program under paragraph
(1).
(3) The Administrator for Nuclear Security shall notify the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives before any funds
are expended pursuant to paragraph (2). Any such notification
shall include--
(A) an identification of the amount to be expended
under paragraph (2) during fiscal year 2001;
(B) the recipients of the funds; and
(C) specific information on the activities that
will be conducted using those funds.
(h) Definitions.--In this section:
(1) The term ``nuclear city'' means any of the
closed nuclear cities within the complex of the Russian
Ministry of Atomic Energy as follows:
(A) Sarov (Arzamas-16).
(B) Zarechnyy (Penza-19).
(C) Novoural'sk (Sverdlovsk-44).
(D) Lesnoy (Sverdlovsk-45).
(E) Ozersk (Chelyabinsk-65).
(F) Snezhinsk (Chelyabinsk-70).
(G) Trechgornyy (Zlatoust-36).
(H) Seversk (Tomsk-7).
(I) Zheleznogorsk (Krasnoyarsk-26).
(J) Zelenogorsk (Krasnoyarsk-45).
(2) The term ``Russian nuclear complex'' means all
of the nuclear cities.
(3) The term ``serial production facilities'' means
the facilities in Russia that are located at the
following cities:
(A) Avangard.
(B) Lesnoy (Sverdlovsk-45).
(C) Trechgornyy (Zlatoust-36).
(D) Zarechnyy (Penza-19).

SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION MONITORING.

(a) Report Required.--Not later than March 1, 2001, the
Secretary of Energy 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 efforts of the
Department of Energy to ensure adequate oversight and
accountability of the Department's nonproliferation programs in
Russia and the potential costs and effects of the use of on-
the-ground monitoring for the Department's significant
nonproliferation programs in Russia. The report shall include
the following:
(1) A detailed discussion of the current management
and oversight mechanisms used to ensure that Federal
funds are expended for the intended purposes of those
programs and that the projects are achieving their
intended objectives.
(2) An evaluation of whether those mechanisms are
adequate.
(3) A discussion of whether there is a need for
additional employees of the Department, or of
contractors of the Department, to be stationed in
Russia, or to visit nonproliferation project sites in
Russia on a regular basis, to monitor the programs
carried out at those sites, and an estimate of the
practical considerations and costs of such monitoring.
(4) An identification of each nonproliferation
program and each site at which an employee referred to
in paragraph (3) would be placed to monitor that
program.
(5) A description of the costs associated with
continued on-the-ground monitoring of those programs,
including the costs associated with placing those
employees in Russia.
(6) Recommendations regarding the most cost-
effective option for the Department to pursue to ensure
that Federal funds for those programs are expended for
the intended purposes of those programs.
(7) Any recommendations of the Secretary for
further improvements in the oversight and
accountability of those programs, including any
proposed legislation.
(b) GAO Report.--Not later than April 15, 2001, the
Comptroller General shall submit to the committees referred to
in subsection (a) a report setting forth the assessment of the
Comptroller General concerning the information contained in the
report required by that subsection.

SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR COORDINATION OF
NONPROLIFERATION PROGRAMS.

It is the sense of Congress that there should be clear and
effective coordination among--
(1) the Nuclear Cities Initiative;
(2) the Initiatives for Proliferation Prevention
program;
(3) the Cooperative Threat Reduction programs;
(4) the Nuclear Materials Protection, Control, and
Accounting Program; and
(5) the International Science and Technology Center
program.

SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTERNATIONAL NUCLEAR SAFETY
PROGRAM.

Amounts authorized to be appropriated or otherwise made
available by this title for the Department of Energy for fiscal
year 2001 for the International Nuclear Safety Program in the
former Soviet Union and Eastern Europe shall be available only
for purposes of reactor safety upgrades and training relating
to nuclear operator and reactor safety.

Subtitle G--Other Matters

SEC. 3191. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

Section 3161(c)(1) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 42 U.S.C. 7231
note) is amended by striking ``September 30, 2000'' and
inserting ``September 30, 2002''.

SEC. 3192. BIENNIAL REPORT CONTAINING UPDATE ON NUCLEAR TEST READINESS
POSTURES.

Section 3152 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 623) is
amended--
(1) by inserting ``(a) Report.--'' before ``Not
later than February 15, 1996,''; and
(2) by adding at the end the following:
``(b) Biennial Update Report.--(1) Not later than February
15 of each odd-numbered year, the Secretary shall submit to the
congressional defense committees a report containing an update
of the report required under subsection (a), as updated by any
report previously submitted under this paragraph.
``(2) Each report under paragraph (1) shall include, as of
the date of such report, the following:
``(A) A list and description of the workforce
skills and capabilities that are essential to carry out
underground nuclear tests at the Nevada Test Site.
``(B) A list and description of the infrastructure
and physical plant that are essential to carry out
underground nuclear tests at the Nevada Test Site.
``(C) A description of the readiness status of the
skills and capabilities described in subparagraph (A)
and of the infrastructure and physical plant described
in subparagraph (B).
``(3) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.

SEC. 3193. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF RESTRICTED
DATA AND FORMERLY RESTRICTED DATA.

(a) Frequency of Reports.--Section 3161(f)(2) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2261; 50 U.S.C. 435 note)
is amended to read as follows:
``(2) The Secretary of Energy shall, on a quarterly basis,
submit a report to the committees and Assistant to the
President specified in subsection (d). The report shall state
whether any inadvertent releases described in paragraph (1)
occurred during the immediately preceding quarter and, if so,
shall identify each such release.''.
(b) Effective Date.--The amendment made by subsection (a)
apply with respect to inadvertent releases of Restricted Data
and Formerly Restricted Data that are discovered on or after
the date of the enactment of this Act.

SEC. 3194. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR RELIABILITY
OF THE NUCLEAR WEAPONS STOCKPILE.

Any certification submitted to the President by the
Secretary of Defense or the Secretary of Energy regarding
confidence in the safety or reliability of a nuclear weapon
type in the United States nuclear weapons stockpile shall be
submitted in classified form only.

SEC. 3195. AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDATION TO
DEPARTMENT OF ENERGY AND CONTRACTOR EMPLOYEES FOR
EXEMPLARY SERVICE IN STOCKPILE STEWARDSHIP AND
SECURITY.

(a) Authority To Present Certificate of Commendation.--The
Secretary of Energy may present a certificate of commendation
to any current or former employee of the Department of Energy,
and any current or former employee of a Department contractor,
whose service to the Department in matters relating to
stockpile stewardship and security assisted the Department in
furthering the national security interests of the United
States.
(b) Certificate.--The certificate of commendation presented
to a current or former employee under subsection (a) shall
include an appropriate citation of the service of the current
or former employee described in that subsection, including a
citation for dedication, intellect, and sacrifice in furthering
the national security interests of the United States by
maintaining a strong, safe, and viable United States nuclear
deterrent during the Cold War or thereafter.
(c) Department of Energy Defined.--For purposes of this
section, the term ``Department of Energy'' includes any
predecessor agency of the Department of Energy.

SEC. 3196. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS FOR
GOVERNMENT-OWNED, CONTRACTOR-OPERATED LABORATORIES.

(a) Strategic Plans.--Subsection (a) of section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a) is amended by striking ``joint work statement,'' and
inserting ``joint work statement or, if permitted by the
agency, in an agency-approved annual strategic plan,''.
(b) Experimental Federal Waivers.--Subsection (b) of that
section is amended by adding at the end the following new
paragraph:
``(6)(A) In the case of a laboratory that is part of the
National Nuclear Security Administration, a designated official
of that Administration may waive any license retained by the
Government under paragraph (1)(A), (2), or (3)(D), in whole or
in part and according to negotiated terms and conditions, if
the designated official finds that the retention of the license
by the Government would substantially inhibit the
commercialization of an invention that would otherwise serve an
important national security mission.
``(B) The authority to grant a waiver under subparagraph
(A) shall expire on the date that is five years after the date
of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001. The expiration under
the preceding sentence of authority to grant a waiver under
subparagraph (A) shall not affect any waiver granted under that
subparagraph before the expiration of such authority.
``(C) Not later than February 15 of each year, the
Administrator for Nuclear Security shall submit to Congress a
report on any waivers granted under this paragraph during the
preceding year.''.
(c) Time Required for Approval.--Subsection (c)(5) of that
section is amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as
subparagraph (C); and
(3) in subparagraph (C), as so redesignated--
(A) in clause (i)--
(i) by striking ``with a small
business firm''; and
(ii) by inserting ``if'' after
``statement''; and
(B) by adding at the end the following new
clauses:
``(iv) Any agency that has contracted with a non-Federal
entity to operate a laboratory may develop and provide to such
laboratory one or more model cooperative research and
development agreements for purposes of standardizing practices
and procedures, resolving common legal issues, and enabling
review of cooperative research and development agreements to be
carried out in a routine and prompt manner.
``(v) A Federal agency may waive the requirements of clause
(i) or (ii) under such circumstances as the agency considers
appropriate.''.

SEC. 3197. OFFICE OF ARCTIC ENERGY.

(a) Establishment.--The Secretary of Energy may establish
within the Department of Energy an Office of Arctic Energy.
(b) Purposes.--The purposes of such office shall be as
follows:
(1) To promote research, development, and
deployment of electric power technology that is cost-
effective and especially well suited to meet the needs
of rural and remote regions of the United States,
especially where permafrost is present or located
nearby.
(2) To promote research, development, and
deployment in such regions of--
(A) enhanced oil recovery technology,
including heavy oil recovery, reinjection of
carbon, and extended reach drilling
technologies;
(B) gas-to-liquids technology and liquified
natural gas (including associated
transportation systems);
(C) small hydroelectric facilities, river
turbines, and tidal power;
(D) natural gas hydrates, coal bed methane,
and shallow bed natural gas; and
(E) alternative energy, including wind,
geothermal, and fuel cells.
(c) Location.--The Secretary shall locate such office at a
university with expertise and experience in the matters
specified in subsection (b).

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year
2001, $18,500,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Increased receipts under prior disposal authority.
Sec. 3303. Disposal of titanium.

SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

(a) Obligation of Stockpile Funds.--During fiscal year
2001, the National Defense Stockpile Manager may obligate up to
$71,000,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section 9
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager
notifies Congress that extraordinary or emergency conditions
necessitate the additional obligations. The National Defense
Stockpile Manager may make the additional obligations described
in the notification after the end of the 45-day period
beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.

SEC. 3302. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.

Section 3303(a)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2263; 50 U.S.C. 98d note) is amended by striking
``$590,000,000'' and inserting ``$720,000,000''.

SEC. 3303. DISPOSAL OF TITANIUM.

(a) Disposal Required.--Notwithstanding any other provision
of law, the President shall, by September 30, 2010, dispose of
30,000 short tons of titanium contained in the National Defense
Stockpile.
(b) Treatment of Receipts.--Notwithstanding section 9 of
the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h), of the funds received as a result of the disposal
of titanium under subsection (a), $6,000,000 shall be
transferred to the American Battle Monuments Commission for
deposit in the fund established under section 2113 of title 36,
United States Code, for the World War II memorial authorized by
section 1 of Public Law 103-32 (107 Stat. 90), and the
remainder shall be deposited into the Treasury as miscellaneous
receipts.
(c) World War II Memorial.--(1) The amount transferred to
the American Battle Monuments Commission under subsection (b)
shall be used to complete all necessary requirements for the
design of, ground breaking for, construction of, maintenance
of, and dedication of the World War II memorial. The Commission
shall determine how the amount shall be apportioned among such
purposes.
(2) Any funds not necessary for the purposes set forth in
paragraph (1) shall be transferred to and deposited in the
general fund of the Treasury.
(d) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority
and is in addition to, and shall not affect, any other disposal
authority provided by law regarding materials in the National
Defense Stockpile.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Minimum price of petroleum sold from certain naval petroleum
reserves.
Sec. 3402. Repeal of authority to contract for cooperative or unit plans
affecting naval petroleum reserve numbered 1.
Sec. 3403. Disposal of Oil Shale Reserve Numbered 2.

SEC. 3401. MINIMUM PRICE OF PETROLEUM SOLD FROM CERTAIN NAVAL PETROLEUM
RESERVES.

Section 7430(b)(2) of title 10, United States Code, is
amended--
(1) in the matter before subparagraph (A), by
striking ``Naval Petroleum Reserves Numbered 1, 2, and
3'' and inserting ``Naval Petroleum Reserves Numbered 2
and 3''; and
(2) in subparagraph (A), by striking ``90 percent
of''.

SEC. 3402. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE OR UNIT
PLANS AFFECTING NAVAL PETROLEUM RESERVE NUMBERED 1.

(a) Repeal.--Section 7426 of title 10, United States Code,
is repealed.
(b) Conforming and Clerical Amendments.--(1) Section 7425
of such title is amended by striking ``for--'' and all that
follows through ``he may acquire'' and inserting ``for
exchanges of land or agreements for conservation authorized by
section 7424 of this title, the Secretary may acquire''.
(2) Section 7428 of such title is amended by striking ``,
except a plan authorized by section 7426 of this title,''.
(3) The table of sections at the beginning of chapter 641
of such title is amended by striking the item relating to
section 7426.
(c) Savings Provision.--The repeal of section 7426 of title
10, United States Code, shall not affect the validity of
contracts that are in effect under such section on the day
before the date of the enactment of this Act. No such contract
may be extended or renewed on or after the date of the
enactment of this Act.

SEC. 3403. DISPOSAL OF OIL SHALE RESERVE
NUMBERED 2.

(a) Transfer to Indian Tribe.--Section 3405 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended to
read as follows:

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

``(a) Definitions.--In this section:
``(1) NOSR-2.--The term `NOSR-2' means Oil Shale
Reserve Numbered 2, as identified on a map on file in
the Office of the Secretary of the Interior.
``(2) Moab site.--The term `Moab site' means the
Moab uranium milling site located approximately three
miles northwest of Moab, Utah, and identified in the
Final Environmental Impact Statement issued by the
Nuclear Regulatory Commission in March 1996 in
conjunction with Source Materials License No. SUA-917.
``(3) Map.--The term ``map'' means the map
depicting the boundaries of NOSR-2, to be kept on file
and available for public inspection in the offices of
the Department of the Interior.
``(4) Tribe.--The term `Tribe' means the Ute Indian
Tribe of the Uintah and Ouray Indian Reservation.
``(5) Trustee.--The term `Trustee' means the
Trustee of the Moab Mill Reclamation Trust.
``(b) Conveyance.--(1) Except as provided in paragraph (2)
and subsection (e), all right, title, and interest of the
United States in and to all Federal lands within the exterior
boundaries of NOSR-2 (including surface and mineral rights) are
hereby conveyed to the Tribe in fee simple. The Secretary of
Energy shall execute and file in the appropriate office a deed
or other instrument effectuating the conveyance made by this
section.
``(2) The conveyance under paragraph (1) does not include
the following:
``(A) The portion of the bed of Green River
contained entirely within NOSR-2, as depicted on the
map.
``(B) The land (including surface and mineral
rights) to the west of the Green River within NOSR-2,
as depicted on the map.
``(C) A \1/4\ mile scenic easement on the east side
of the Green River within NOSR-2.
``(c) Conditions on Conveyance.--(1) The conveyance under
subsection (b) is subject to valid existing rights in effect on
the day before the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001.
``(2) On completion of the conveyance under subsection (b),
the United States relinquishes all management authority over
the conveyed land, including tribal activities conducted on the
land.
``(3) The land conveyed to the Tribe under subsection (b)
shall not revert to the United States for management in trust
status.
``(4) The reservation of the easement under subsection
(b)(2)(C) shall not affect the right of the Tribe to use and
maintain access to the Green River through the use of the road
within the easement, as depicted on the map.
``(5) Each withdrawal that applies to NOSR-2 and that is in
effect on the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 is
revoked to the extent that the withdrawal applies to NOSR-2.
``(6) Notwithstanding that the land conveyed to the Tribe
under subsection (b) shall not be part of the reservation of
the Tribe, such land shall be deemed to be part of the
reservation of the Tribe for the purposes of criminal and civil
jurisdiction.
``(d) Administration of Unconveyed Land and Interests in
Land.--(1) The land and interests in land excluded by
subparagraphs (A) and (B) of subsection (b)(2) from conveyance
under subsection (b) shall be administered by the Secretary of
the Interior in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
``(2) Not later than three years after the date of the
enactment of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001, the Secretary of the Interior shall
submit to Congress a land use plan for the management of the
land and interests in land referred to in paragraph (1).
``(3) There are authorized to be appropriated to the
Secretary of the Interior such sums as are necessary to carry
out this subsection.
``(e) Royalty.--(1) Notwithstanding the conveyance under
subsection (b), the United States retains a nine percent
royalty interest in the value of any oil, gas, other
hydrocarbons, and all other minerals that are produced, saved,
and sold from the conveyed land during the period beginning on
the date of the conveyance and ending on the date the Secretary
of Energy releases the royalty interest under subsection (i).
``(2) The royalty payments shall be made by the Tribe or
its designee to the Secretary of Energy during the period that
the oil, gas, hydrocarbons, or minerals are being produced,
saved, sold, or extracted. The Secretary of Energy shall retain
and use the payments in the manner provided in subsection
(i)(3).
``(3) The royalty interest retained by the United States
under this subsection does not include any development,
production, marketing, and operating expenses.
``(4) The Tribe shall submit to the Secretary of Energy and
to Congress an annual report on resource development and other
activities of the Tribe concerning the conveyance under
subsection (b).
``(5) Not later than five years after the date of the
enactment of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001, and every five years thereafter, the
Tribe shall obtain an audit of all resource development
activities of the Tribe concerning the conveyance under
subsection (b), as provided under chapter 75 of title 31,
United States Code. The results of each audit under this
paragraph shall be included in the next annual report submitted
under paragraph (4).
``(f) River Management.--(1) The Tribe shall manage, under
Tribal jurisdiction and in accordance with ordinances adopted
by the Tribe, land of the Tribe that is adjacent to, and within
\1/4\ mile of, the Green River in a manner that--
``(A) maintains the protected status of the land;
and
``(B) is consistent with the government-to-
government agreement and in the memorandum of
understanding dated February 11, 2000, as agreed to by
the Tribe and the Secretary of the Interior.
``(2) An ordinance referred to in paragraph (1) shall not
impair, limit, or otherwise restrict the management and use of
any land that is not owned, controlled, or subject to the
jurisdiction of the Tribe.
``(3) An ordinance adopted by the Tribe and referenced in
the government-to-government agreement may not be repealed or
amended without the written approval of both the Tribe and the
Secretary of the Interior.
``(g) Plant Species.--(1) In accordance with a government-
to-government agreement between the Tribe and the Secretary of
the Interior, in a manner consistent with levels of legal
protection in effect on the date of the enactment of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001, the Tribe shall protect, under ordinances adopted by the
Tribe, any plant species that is--
``(A) listed as an endangered species or threatened
species under section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533); and
``(B) located or found on the NOSR-2 land conveyed
to the Tribe.
``(2) The protection described in paragraph (1) shall be
performed solely under tribal jurisdiction.
``(h) Horses.--(1) The Tribe shall manage, protect, and
assert control over any horse not owned by the Tribe or tribal
members that is located or found on the NOSR-2 land conveyed to
the Tribe in a manner that is consistent with Federallaw
governing the management, protection, and control of horses in effect
on the date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001.
``(2) The management, control, and protection of horses
described in paragraph (1) shall be performed solely--
``(A) under tribal jurisdiction; and
``(B) in accordance with a government-to-government
agreement between the Tribe and the Secretary of the
Interior.
``(i) Remedial Action at Moab Site.--(1)(A) The Secretary
of Energy shall prepare a plan for remediation, including
ground water restoration, of the Moab site in accordance with
title I of the Uranium Mill Tailings Radiation Control Act of
1978 (42 U.S.C. 7911 et seq.). The Secretary of Energy shall
enter into arrangements with the National Academy of Sciences
to obtain the technical advice, assistance, and recommendations
of the National Academy of Sciences in objectively evaluating
the costs, benefits, and risks associated with various
remediation alternatives, including removal or treatment of
radioactive or other hazardous materials at the site, ground
water restoration, and long-term management of residual
contaminants. If the Secretary prepares a remediation plan that
is not consistent with the recommendations of the National
Academy of Sciences, the Secretary shall submit to Congress a
report explaining the reasons for deviation from the National
Academy of Sciences' recommendations.
``(B) The remediation plan required by subparagraph (A)
shall be completed not later than one year after the date of
the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, and the Secretary of
Energy shall commence remedial action at the Moab site as soon
as practicable after the completion of the plan.
``(C) The license for the materials at the Moab site issued
by the Nuclear Regulatory Commission shall terminate one year
after the date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, unless the
Secretary of Energy determines that the license may be
terminated earlier. Until the license is terminated, the
Trustee, subject to the availability of funds appropriated
specifically for a purpose described in clauses (i) through
(iii) or made available by the Trustee from the Moab Mill
Reclamation Trust, may carry out--
``(i) interim measures to reduce or eliminate
localized high ammonia concentrations in the Colorado
River, identified by the United States Geological
Survey in a report dated March 27, 2000;
``(ii) activities to dewater the mill tailings at
the Moab site; and
``(iii) other activities related to the Moab site,
subject to the authority of the Nuclear Regulatory
Commission and in consultation with the Secretary of
Energy.
``(D) As part of the remediation plan for the Moab site
required by subparagraph (A), the Secretary of Energy shall
develop, in consultation with the Trustee, the Nuclear
Regulatory Commission, and the State of Utah, an efficient and
legal means for transferring all responsibilities and title to
the Moab site and all the materials therein from the Trustee to
the Department of Energy.
``(2) The Secretary of Energy shall limit the amounts
expended in carrying out the remedial action under paragraph
(1) to--
``(A) amounts specifically appropriated for the
remedial action in an appropriation Act; and
``(B) other amounts made available for the remedial
action under this subsection.
``(3)(A) The royalty payments received by the Secretary of
Energy under subsection (e) shall be available to the
Secretary, without further appropriation, to carry out the
remedial action under paragraph (1) until such time as the
Secretary determines that all costs incurred by the United
States to carry out the remedial action (other than costs
associated with long-term monitoring) have been paid.
``(B) Upon making the determination referred to in
subparagraph (A), the Secretary of Energy shall transfer all
remaining royalty amounts to the general fund of the Treasury
and release to the Tribe the royalty interest retained by the
United States under subsection (e).
``(4)(A) Funds made available to the Department of Energy
for national security activities shall not be used to carry out
the remedial action under paragraph (1), except that the
Secretary of Energy may use such funds for program direction
directly related to the remedial action.
``(B) There are authorized to be appropriated to the
Secretary of Energy to carry out the remedial action under
paragraph (1) such sums as are necessary.
``(5) If the Moab site is sold after the date on which the
Secretary of Energy completes the remedial action under
paragraph (1), the seller shall pay to the Secretary of Energy,
for deposit in the general fund of the Treasury, the portion of
the sale price that the Secretary determines resulted from the
enhancement of the value of the Moab site as a result of the
remedial action. The enhanced value of the Moab site shall be
equal to the difference between--
``(A) the fair market value of the Moab site on the
date of enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, based
on information available on that date; and
``(B) the fair market value of the Moab site, as
appraised on completion of the remedial action.''.
(b) Uranium Mill Tailings.--Section 102 of the Uranium Mill
Tailings Radiation Control Act of 1978 (42 U.S.C. 7912) is
amended by adding at the end the following new subsection:
``(f) Designation of Moab Site as Processing Site.--
``(1) Designation.--Notwithstanding any other
provision of law, the Moab uranium milling site
(referred to in this subsection as the `Moab site')
located approximately three miles northwest of Moab,
Utah, and identified in the Final Environmental Impact
Statement issued by the Nuclear Regulatory Commission
in March 1996 in conjunction with Source Materials
License No. SUA-917, is designated as a processing
site.
``(2) Applicability.--This title applies to the
Moab site in the same manner and to the same extent as
to other processing sites designated under subsection
(a), except that--
``(A) sections 103, 104(b), 107(a), 112(a),
and 115(a) of this title shall not apply; and
``(B) a reference in this title to the date
of the enactment of this Act shall be treated
as a reference to the date of the enactment of
this subsection.
``(3) Remediation.--Subject to the availability of
appropriations for this purpose, the Secretary shall
conduct remediation at the Moab site in a safe and
environmentally sound manner that takes into
consideration the remedial action plan prepared
pursuant to section 3405(i) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(10 U.S.C. 7420 note; Public Law 105-261), including--
``(A) ground water restoration; and
``(B) the removal, to a site in the State
of Utah, for permanent disposition and any
necessary stabilization, of residual
radioactive material and other contaminated
material from the Moab site and the floodplain
of the Colorado River.''.
(c) Conforming Amendment.--Section 3406 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended by
adding at the end the following new subsection:
``(f) Oil Shale Reserve Numbered 2.--This section does not
apply to the transfer of Oil Shale Reserve Numbered 2 under
section 3405.''.

TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2001.
Sec. 3502. Scrapping of National Defense Reserve Fleet vessels.
Sec. 3503. Authority to convey National Defense Reserve Fleet vessel,
GLACIER.
Sec. 3504. Maritime intermodal research.
Sec. 3505. Maritime research and technology development.
Sec. 3506. Reporting of administered and oversight funds.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001.

Funds are hereby authorized to be appropriated for fiscal
year 2001, to be available without fiscal year limitation if so
provided in appropriations Acts, for the use of the Department
of Transportation for the Maritime Administration as follows:
(1) For expenses necessary for operations and
training activities, $94,260,000.
(2) For expenses under the loan guarantee program
authorized by title XI of the Merchant Marine Act, 1936
(46 App. U.S.C. 1271 et seq.), $54,179,000, of which--
(A) $50,000,000 is for the cost (as defined
in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees under the program; and
(B) $4,179,000 is for administrative
expenses related to loan guarantee commitments
under the program.

SEC. 3502. SCRAPPING OF NATIONAL DEFENSE RESERVE FLEET VESSELS.

(a) Extension of Scrapping Authority Under National
Maritime Heritage Act of 1994.--Section 6(c)(1) of the National
Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1)) is
amended--
(1) in subparagraph (A) by striking ``2001'' and
inserting ``2006''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) in the manner that provides the best
value to the Government, except in any case in
which obtaining the best value would require
towing a vessel and such towing poses a serious
threat to the environment; and''.
(b) Selection of Scrapping Facilities.--The Secretary of
Transportation may scrap obsolete vessels pursuant to section
6(c)(1) of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405(c)(1)) through qualified scrapping facilities,
using the most expeditious scrapping methodology and location
practicable. Scrapping facilities shall be selected under that
section on a best value basis consistent with the Federal
Acquisition Regulation, as in effect on the date of the
enactment of this Act, without any predisposition toward
foreign or domestic facilities taking into consideration, among
other things, the ability of facilities to scrap vessels--
(1) at least cost to the Government;
(2) in a timely manner;
(3) giving consideration to worker safety and the
environment; and
(4) in a manner that minimizes the geographic
distance that a vessel must be towed when towing a
vessel poses a serious threat to the environment.
(c) Limitation on Scrapping Before Program.--
(1) In general.--Until the report required by
subsection (d)(1) is transmitted to the congressional
committees referred to in that subsection, the
Secretary may not proceed with the scrapping of any
vessel in the National Defense Reserve Fleet except the
following:
(A) Donner.
(B) Export Commerce.
(C) Builder.
(D) Albert E. Watts.
(E) Wayne Victory.
(F) Mormacdawn.
(G) Mormacmoon.
(H) Santa Elena.
(I) Santa Isabel.
(J) Santa Cruz.
(K) Protector.
(L) Lauderdale.
(N) PVT. Fred C. Murphy.
(M) Beaujolais.
(O) Meacham.
(P) Neaco.
(Q) Wabash.
(R) Nemasket.
(S) Mirfak.
(T) GEN. Alex M. Patch.
(U) Arthur M. Huddell.
(V) Washington.
(W) Suffolk County.
(X) Crandall.
(Y) Crilley.
(Z) Rigel.
(AA) Vega.
(BB) Compass Island.
(CC) Export Challenger.
(DD) Preserver.
(EE) Marine Fiddler.
(FF) Wood County.
(GG) Catawba Victory.
(HH) Gen. Nelson M. Walker.
(II) Lorain County.
(JJ) Lynch.
(KK) Mission Santa Ynez.
(LL) Caloosahatchee.
(MM) Canisteo.
(2) Prioritization.--The Secretary shall exercise
discretion to prioritize for scrapping those vessels
identified in paragraph (1) that pose the most
immediate threat to the environment.
(d) Scrapping Program for Obsolete National Defense Reserve
Fleet Vessels.--
(1) Development of program; report.--The Secretary
of Transportation, in consultation with the Secretary
of the Navy and the Administrator of the Environmental
Protection Agency, shall within 6 months after the date
of the enactment of this Act--
(A) develop a program for the scrapping of
obsolete National Defense Reserve Fleet
vessels; and
(B) submit a report on the program to the
Committee on Transportation and Infrastructure
and the Committee on Resources of the House of
Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and
the Committees on Armed Services of the House
of Representatives and the Senate.
(2) Contents of report.--The report shall include
information concerning the initial determination of
scrapping capacity, both domestically and abroad,
appropriate proposed regulations to implement the
program, funding and staffing requirements, milestone
dates for the disposal of each obsolete vessel, and
longterm cost estimates for the program.
(3) Alternatives.--In developing the program, the
Secretary of Transportation, in consultation with the
Secretary of the Navy and the Administrator of the
Environmental Protection Agency, shall consider all
alternatives and available information, including--
(A) alternative scrapping sites;
(B) vessel donations;
(C) sinking of vessels in deep water;
(D) sinking vessels for development of
artificial reefs;
(E) sales of vessels before they become
obsolete;
(F) results from the Navy Ship Disposal
Program under section 8124 of the Department of
Defense Appropriations Act, 1999; and
(G) the Report of the Department of
Defense's Interagency Panel on Ship Scrapping
issued in April 1998.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, and every 6 months thereafter, the
Secretary of Transportation, in coordination with the Secretary
of the Navy, shall report to the Committee on Transportation
and Infrastructure and the Committee on Resources of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committees on Armed
Services of the House of Representatives and the Senate on the
progress of the vessel scrapping program developed under
subsection (d)(1) and on the progress of any other scrapping of
obsolete Government-owned vessels.
(f) Presidential Recommendation.--The President shall
transmit with the report required by subsection (d)(1) a
recommendation on--
(1) whether it is necessary to amend the Toxic
Substances Control Act (15 U.S.C. 2601 et seq.) or any
other environmental statute or regulatory requirements
relevant to the disposal of vessels described in
section 6(c)(2) of the National Maritime Heritage Act
of 1994 (16 U.S.C. 5405(c)(2)) by September 30, 2006;
and
(2) any proposed changes to those requirements to
carry out such disposals.

SEC. 3503. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL,
GLACIER.

(a) Authority To Convey.--The Secretary of Transportation
(in this section referred to as ``the Secretary'') may, subject
to subsection (b), convey all right, title, and interest of the
United States Government in and to the vessel in the National
Defense Reserve Fleet that was formerly the U.S.S. Glacier
(United States official number AGB-4) to the Glacier Society,
Inc., a corporation established under the laws of the State of
Connecticut that is located in Bridgeport, Connecticut (in this
section referred to as the ``recipient'').
(b) Terms of Conveyance.--
(1) Required conditions.--The Secretary may not
convey a vessel under this section unless the
recipient--
(A) agrees to use the vessel for the
purpose of a monument to the accomplishments of
members of the Armed Forces of the United
States, civilians, scientists, and diplomats in
exploration of the Arctic and the Antarctic;
(B) agrees that the vessel will not be used
for commercial purposes;
(C) agrees to make the vessel available to
the Government if the Secretary requires use of
the vessel by the Government for war or
national emergency;
(D) agrees to hold the Government harmless
for any claims arising from exposure to
asbestos, polychlorinated biphenyls, or lead
paint after the conveyance of the vessel,
except for claims arising from use of the
vessel by the Government pursuant to the
agreement under subparagraph (C); and
(E) provides sufficient evidence to the
Secretary that it has available for use to
restore the vessel, in the form of cash, liquid
assets, or a written loan commitment, financial
resources of at least $100,000.
(2) Delivery of vessel.--If the Secretary conveys
the vessel under this section, the Secretary shall
deliver the vessel--
(A) at the place where the vessel is
located on the date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States
Government.
(3) Additional terms.--The Secretary may require
such additional terms in connection with the conveyance
authorized by this section as the Secretary considers
appropriate.
(c) Other Unneeded Equipment.--If the Secretary conveys the
vessel under this section, the Secretary may also convey to the
recipient any unneeded equipment from other vessels in the
National Defense Reserve Fleet or Governmentstorage facilities
for use to restore the vessel to museum quality or to its original
configuration (or both).
(d) Retention of Vessel in NDRF.--The Secretary shall
retain in the National Defense Reserve Fleet the vessel
authorized to be conveyed under this section until the earlier
of--
(1) 2 years after the date of the enactment of this
Act; or
(2) the date of the conveyance of the vessel under
this section.

SEC. 3504. MARITIME INTERMODAL RESEARCH.

Section 8 of Public Law 101-115 (46 U.S.C. App. 1121-2) is
amended by adding at the end thereof the following:
``(f) University Transportation Research Funds.--
``(1) In general.--The Secretary may make a grant
under section 5505 of title 49, United States Code, to
an institute designated under subsection (a) for
maritime and maritime intermodal research under that
section as if the institute were a university
transportation center.
``(2) Advice and consultation of marad.--In making
a grant under the authority of paragraph (1), the
Secretary, through the Research and Special Programs
Administration, shall advise the Maritime
Administration concerning the availability of funds for
the grants, and consult with the Administration on the
making of the grants.''.

SEC. 3505. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT.

(a) In General.--The Secretary of Transportation shall
conduct a study of maritime research and technology
development, and report its findings and conclusions, together
with any recommendations it finds appropriate, to the Congress
within 9 months after the date of enactment of this Act.
(b) Required Areas of Study.--The Secretary shall include
the following items in the report required by subsection (a):
(1) The approximate dollar values appropriated by
the Congress for each of the 5 fiscal years ending
before the study is commenced for each of the following
modes of transportation:
(A) Highway.
(B) Rail.
(C) Aviation.
(D) Public transit.
(E) Maritime.
(2) A description of how Federal funds appropriated
for research in the different transportation modes are
utilized.
(3) A summary and description of current research
and technology development funds appropriated for each
of those fiscal years for maritime research
initiatives, with separate categories for funds
provided to the Coast Guard for marine safety research
purposes.
(4) A description of cooperative mechanisms that
could be used to attract and leverage non-federal
investments in United States maritime research and
technology development and application programs,
including the potential for the creation of maritime
transportation research centers and the benefits of
cooperating with existing surface transportation
research centers.
(5) Proposals for research and technology
development funding to facilitate the evolution of
Maritime Transportation System.
(c) Authorization of Appropriations.--Of the amounts
authorized to be appropriated under section 3401 for operations
and training, $100,000 is authorized to carry out this section.

SEC. 3506. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS.

The Maritime Administration, in its annual report to the
Congress under section 208 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1118), and in its annual budget estimate submitted
to the Congress, shall state separately the amount, source,
intended use, and nature of any funds (other than funds
appropriated to the Administration or to the Secretary of
Transportation for use by the Administration) administered, or
subject to oversight, by the Administration.

TITLE XXXVI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM

Sec. 3601. Short title.
Sec. 3602. Findings; sense of Congress.

Subtitle A--Establishment of Compensation Program and Compensation Fund

Subtitle B--Program Administration

Subtitle C--Treatment, Coordination, and Forfeiture of Compensation and
Benefits

Subtitle D--Assistance in State Workers' Compensation Proceedings

Sec. 3661. Agreements with States.

SEC. 3601. SHORT TITLE.

This title may be cited as the ``Energy Employees
Occupational Illness Compensation Program Act of 2000''.

SEC. 3602. FINDINGS; SENSE OF CONGRESS.

(a) Findings.--The Congress finds the following:
(1) Since World War II, Federal nuclear activities
have been explicitly recognized under Federal law as
activities that are ultra-hazardous. Nuclear weapons
production and testing have involved unique dangers,
including potential catastrophic nuclear accidents that
private insurance carriers have not covered and
recurring exposures to radioactive substances and
beryllium that, even in small amounts, can cause
medical harm.
(2) Since the inception of the nuclear weapons
program and for several decades afterwards, a large
number of nuclear weapons workers at sites of the
Department of Energy and at sites of vendors who
supplied the Cold War effort were put at risk without
their knowledge and consent for reasons that, documents
reveal, were driven by fears of adverse publicity,
liability, and employee demands for hazardous duty pay.
(3) Many previously secret records have documented
unmonitored exposures to radiation and beryllium and
continuing problems at these sites across the Nation,
at which the Department of Energy and its predecessor
agencies have been, since World War II, self-regulating
with respect to nuclear safety and occupational safety
and health. No other hazardous Federal activity has
been permitted to be carried out under such sweeping
powers of self-regulation.
(4) The policy of the Department of Energy has been
to litigate occupational illness claims, which has
deterred workers from filing workers' compensation
claims and has imposed major financial burdens for such
employees who have sought compensation. Contractors of
the Department have been held harmless and the
employees have been denied workers' compensation
coverage for occupational disease.
(5) Over the past 20 years, more than two dozen
scientific findings have emerged that indicate that
certain of such employees are experiencing increased
risks of dying from cancer and non-malignant diseases.
Several of these studies have also established a
correlation between excess diseases and exposure to
radiation and beryllium.
(6) While linking exposure to occupational hazards
with the development of occupational disease is
sometimes difficult, scientific evidence supports the
conclusion that occupational exposure to dust particles
or vapor of beryllium can cause beryllium sensitivity
and chronic beryllium disease. Furthermore, studies
indicate than 98 percent of radiation-induced cancers
within the nuclear weapons complex have occurred at
dose levels below existing maximum safe thresholds.
(7) Existing information indicates that State
workers' compensation programs do not provide a uniform
means of ensuring adequate compensation for the types
of occupational illnesses and diseases that relate to
the employees at those sites.
(8) To ensure fairness and equity, the civilian men
and women who, over the past 50 years, have performed
duties uniquely related to the nuclear weapons
production and testing programs of the Department of
Energy and its predecessor agencies should have
efficient, uniform, and adequate compensation for
beryllium-related health conditions and radiation-
related health conditions.
(9) On April 12, 2000, the Secretary of Energy
announced that the Administration intended to seek
compensation for individuals with a broad range of
work-related illnesses throughout the Department of
Energy's nuclear weapons complex.
(10) However, as of October 2, 2000, the
Administration has failed to provide Congress with the
necessary legislative and budget proposals to enact the
promised compensation program.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a program should be established to provide
compensation to covered employees;
(2) a fund for payment of such compensation should
be established on the books of the Treasury;
(3) payments from that fund should be made only
after--
(A) the identification of employees of the
Department of Energy (including its predecessor
agencies), and of contractors of the
Department, who may be members of the group of
covered employees;
(B) the establishment of a process to
receive and administer claims for compensation
for disability or death of covered employees;
(C) the submittal by the President of a
legislative proposal for compensation of such
employees that includes the estimated annual
budget resources for that compensation; and
(D) consideration by the Congress of the
legislative proposal submitted by the
President; and
(4) payments from that fund should commence not
later than fiscal year 2002.

Subtitle A--Establishment of Compensation Program and Compensation Fund

SEC. 3611. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.

(a) Program Established.--There is hereby established a
program to be known as the ``Energy Employees Occupational
Illness Compensation Program'' (in this title referred to as
the ``compensation program''). The President shall carry out
the compensation program through one or more Federal agencies
or officials, as designated by the President.
(b) Purpose of Program.--The purpose of the compensation
program is to provide for timely, uniform, and adequate
compensation of covered employees and, where applicable,
survivors of such employees, suffering from illnesses incurred
by such employees in the performance of duty for the Department
of Energy and certain of its contractors and subcontractors.
(c) Eligibility for Compensation.--The eligibility of
covered employees for compensation under the compensation
program shall be determined in accordance with the provisions
of subtitle B as may be modified by a law enacted after the
date of the submittal of the proposal for legislation required
by section 3613.

SEC. 3612. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION FUND.

(a) Establishment.--There is hereby established on the
books of the Treasury a fund to be known as the ``Energy
Employees Occupational Illness Compensation Fund'' (in this
title referred to as the ``compensation fund'').
(b) Amounts in Compensation Fund.--The compensation fund
shall consist of the following amounts:
(1) Amounts appropriated to the compensation fund
pursuant to the authorization of appropriations in
section 3614(b).
(2) Amounts transferred to the compensation fund
under subsection (c).
(c) Financing of Compensation Fund.--Upon the exhaustion of
amounts in the compensation fund attributable to the
authorization of appropriations in section 3614(b), the
Secretary of the Treasury shall transfer directly to the
compensation fund from the General Fund of the Treasury,
without further appropriation, such amounts as are further
necessary to carry out the compensation program.
(d) Use of Compensation Fund.--Subject to subsection (e),
amounts in the compensation fund shall be used to carry out the
compensation program.
(e) Administrative Costs Not Paid From Compensation Fund.--
No cost incurred in carrying out the compensation program, or
in administering the compensation fund, shall be paid from the
compensation fund or set off against or otherwise deducted from
any payment to any individual under the compensation program.
(f) Investment of Amounts in Compensation Fund.--Amounts in
the compensation fund shall be invested in accordance with
section 9702 of title 31, United States Code, and any interest
on, and proceeds from, any such investment shall be credited to
and become a part of the compensation fund.

SEC. 3613. LEGISLATIVE PROPOSAL.

(a) Legislative Proposal Required.--Not later than March
15, 2001, the President shall submit to Congress a proposal for
legislation to implement the compensation program. The proposal
for legislation shall include, at a minimum, the specific
recommendations (including draft legislation) of the President
for the following:
(1) The types of compensation and benefits,
including lost wages, medical benefits, and any lump-
sum settlement payments, to be provided under the
compensation program.
(2) Any adjustments or modifications necessary to
appropriately administer the compensation program under
subtitle B.
(3) Whether to expand the compensation program to
include other illnesses associated with exposure to
toxic substances.
(4) Whether to expand the class of individuals who
are members of the Special Exposure Cohort (as defined
in section 3621(14)).
(b) Assessment of Potential Covered Employees and Required
Amounts.--The President shall include with the proposal for
legislation under subsection (a) the following:
(1) An estimate of the number of covered employees
that the President determines were exposed in the
performance of duty.
(2) An estimate, for each fiscal year of the
compensation program, of the amounts to be required for
compensation and benefits anticipated to be provided in
such fiscal year under the compensation program.

SEC. 3614. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--Pursuant to the authorization of
appropriations in section 3103(a), $25,000,000 may be used for
purposes of carrying out this title.
(b) Compensation Fund.--There is hereby authorized to be
appropriated $250,000,000 to the Energy Employees Occupational
Illness Compensation Fund established by section 3612.

Subtitle B--Program Administration

SEC. 3621. DEFINITIONS FOR PROGRAM ADMINISTRATION.

In this title:
(1) The term ``covered employee'' means any of the
following:
(A) A covered beryllium employee.
(B) A covered employee with cancer.
(C) To the extent provided in section 3627,
a covered employee with chronic silicosis (as
defined in that section).
(2) The term ``atomic weapon'' has the meaning
given that term in section 11 d. of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(d)).
(3) The term ``atomic weapons employee'' means an
individual employed by an atomic weapons employer
during a period when the employer was processing or
producing, for the use by the United States, material
that emitted radiation and was used in the production
of an atomic weapon, excluding uranium mining and
milling.
(4) The term ``atomic weapons employer'' means an
entity, other than the United States, that--
(A) processed or produced, for use by the
United States, material that emitted radiation
and was used in the production of an atomic
weapon, excluding uranium mining and milling;
and
(B) is designated by the Secretary of
Energy as an atomic weapons employer for
purposes of the compensation program.
(5) The term ``atomic weapons employer facility''
means a facility, owned by an atomic weapons employer,
that is or was used to process or produce, for use by
the United States, material that emitted radiation and
was used in the production of an atomic weapon,
excluding uranium mining or milling.
(6) The term ``beryllium vendor'' means any of the
following:
(A) Atomics International.
(B) Brush Wellman, Incorporated, and its
predecessor, Brush Beryllium Company.
(C) General Atomics.
(D) General Electric Company.
(E) NGK Metals Corporation and its
predecessors, Kawecki-Berylco, Cabot
Corporation, BerylCo, and Beryllium Corporation
of America.
(F) Nuclear Materials and Equipment
Corporation.
(G) StarMet Corporation and its
predecessor, Nuclear Metals, Incorporated.
(H) Wyman Gordan, Incorporated.
(I) Any other vendor, processor, or
producer of beryllium or related products
designated as a beryllium vendor for purposes
of the compensation program under section 3622.
(7) The term ``covered beryllium employee'' means
the following, if and only if the employee is
determined to have been exposed to beryllium in the
performance of duty in accordance with section 3623(a):
(A) A current or former employee (as that
term is defined in section 8101(1) of title 5,
United States Code) who may have been exposed
to beryllium at a Department of Energy facility
or at a facility owned, operated, or occupied
by a beryllium vendor.
(B) A current or former employee of--
(i) any entity that contracted with
the Department of Energy to provide
management and operation, management
and integration, or environmental
remediation of a Department of Energy
facility; or
(ii) any contractor or
subcontractor that provided services,
including construction and maintenance,
at such a facility.
(C) A current or former employee of a
beryllium vendor, or of a contractor or
subcontractor of a beryllium vendor, during a
period when the vendor was engaged in
activities related to the production or
processing of beryllium for sale to, or use by,
the Department of Energy.
(8) The term ``covered beryllium illness'' means
any of the following:
(A) Beryllium sensitivity as established by
an abnormal beryllium lymphocyte proliferation
test performed on either blood or lung lavage
cells.
(B) Established chronic beryllium disease.
(C) Any injury, illness, impairment, or
disability sustained as a consequence of a
covered beryllium illness referred to in
subparagraph (A) or (B).
(9) The term ``covered employee with cancer'' means
any of the following:
(A) An individual with a specified cancer
who is a member of the Special Exposure Cohort,
if and only if that individual contracted that
specified cancer after beginning employment at
a Department of Energy facility (in the case of
a Department of Energy employee or Department
of Energy contractor employee) or at an atomic
weapons employer facility (in the case of an
atomic weapons employee).
(B)(i) An individual with cancer specified
in subclause (I), (II), or (III) of clause
(ii), if and only if that individual is
determined to have sustained that cancer in the
performance of duty in accordance with section
3623(b).
(ii) Clause (i) applies to any of the
following:
(I) A Department of Energy employee
who contracted that cancer after
beginning employment at a Department of
Energy facility.
(II) A Department of Energy
contractor employee who contracted that
cancer after beginning employment at a
Department of Energy facility.
(III) An atomic weapons employee
who contracted that cancer after
beginning employment at an atomic
weapons employer facility.
(10) The term ``Department of Energy'' includes the
predecessor agencies of the Department of Energy,
including the Manhattan Engineering District.
(11) The term ``Department of Energy contractor
employee'' means any of the following:
(A) An individual who is or was in
residence at a Department of Energy facility as
a researcher for one or more periods
aggregating at least 24 months.
(B) An individual who is or was employed at
a Department of Energy facility by--
(i) an entity that contracted with
the Department of Energy to provide
management and operating, management
and integration, or environmental
remediation at the facility; or
(ii) a contractor or subcontractor
that provided services, including
construction and maintenance, at the
facility.
(12) The term ``Department of Energy facility''
means any building, structure, or premise, including
the grounds upon which such building, structure, or
premise is located--
(A) in which operations are, or have been,
conducted by, or on behalf of, the Department
of Energy (except for buildings, structures,
premises, grounds, or operations covered by
Executive Order No. 12344, dated February 1,
1982 (42 U.S.C. 7158 note), pertaining to the
Naval Nuclear Propulsion Program); and
(B) with regard to which the Department of
Energy has or had--
(i) a proprietary interest; or
(ii) entered into a contract with
an entity to provide management and
operation, management and integration,
environmental remediation services,
construction, or maintenance services.
(13) The term ``established chronic beryllium
disease'' means chronic beryllium disease as
established by the following:
(A) For diagnoses on or after January 1,
1993, beryllium sensitivity (as established in
accordance with paragraph (8)(A)), together
with lung pathology consistent with chronic
beryllium disease, including--
(i) a lung biopsy showing
granulomas or a lymphocytic process
consistent with chronic beryllium
disease;
(ii) a computerized axial
tomography scan showing changes
consistent with chronic beryllium
disease; or
(iii) pulmonary function or
exercise testing showing pulmonary
deficits consistent with chronic
beryllium disease.
(B) For diagnoses before January 1, 1993,
the presence of--
(i) occupational or environmental
history, or epidemiologic evidence of
beryllium exposure; and
(ii) any three of the following
criteria:
(I) Characteristic chest
radiographic (or computed
tomography (CT)) abnormalities.
(II) Restrictive or
obstructive lung physiology
testing or diffusing lung
capacity defect.
(III) Lung pathology
consistent with chronic
beryllium disease.
(IV) Clinical course
consistent with a chronic
respiratory disorder.
(V) Immunologic tests
showing beryllium sensitivity
(skin patch test or beryllium
blood test preferred).
(14) The term ``member of the Special Exposure
Cohort'' means a Department of Energy employee,
Department of Energy contractor employee, or atomic
weapons employee who meets any of the following
requirements:
(A) The employee was so employed for a
number of work days aggregating at least 250
work days before February 1, 1992, at a gaseous
diffusion plant located in Paducah, Kentucky,
Portsmouth, Ohio, or Oak Ridge, Tennessee, and,
during such employment--
(i) was monitored through the use
of dosimetry badges for exposure at the
plant of the external parts of
employee's body to radiation; or
(ii) worked in a job that had
exposures comparable to a job that is
or was monitored through the use of
dosimetry badges.
(B) The employee was so employed before
January 1, 1974, by the Department of Energy or
a Department of Energy contractor or
subcontractor on Amchitka Island, Alaska, and
was exposed to ionizing radiation in the
performance of duty related to the Long Shot,
Milrow, or Cannikin underground nuclear tests.
(C)(i) Subject to clause (ii), the employee
is an individual designated as a member of the
Special Exposure Cohort by the President for
purposes of the compensation program under
section 3626.
(ii) A designation under clause (i) shall,
unless Congress otherwise provides, take effect
on the date that is 180 days after the date on
which the President submits to Congress a
report identifying the individuals covered by
the designation and describing the criteria
used in designating those individuals.
(15) The term ``occupational illness'' means a
covered beryllium illness, cancer referred to in
section 3621(9)(B), specified cancer, or chronic
silicosis, as the case may be.
(16) The term ``radiation'' means ionizing
radiation in the form of--
(A) alpha particles;
(B) beta particles;
(C) neutrons;
(D) gamma rays; or
(E) accelerated ions or subatomic particles
from accelerator machines.
(17) The term ``specified cancer'' means any of the
following:
(A) A specified disease, as that term is
defined in section 4(b)(2) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210
note).
(B) Bone cancer.
(18) The term ``survivor'' means any individual or
individuals eligible to receive compensation pursuant
to section 8133 of title 5, United States Code.

SEC. 3622. EXPANSION OF LIST OF BERYLLIUM VENDORS.

Not later than December 31, 2002, the President may, in
consultation with the Secretary of Energy, designate as a
beryllium vendor for purposes of section 3621(6) any vendor,
processor, or producer of beryllium or related products not
previously listed under or designated for purposes of such
section 3621(6) if the President finds that such vendor,
processor, or producer has been engaged in activities related
to the production or processing of beryllium for sale to, or
use by, the Department of Energy in a manner similar to the
entities listed in such section 3621(6).

SEC. 3623. EXPOSURE IN THE PERFORMANCE OF DUTY.

(a) Beryllium.--A covered beryllium employee shall, in the
absence of substantial evidence to the contrary, be determined
to have been exposed to beryllium in the performance of duty
for the purposes of the compensation program if, and only if,
the covered beryllium employee was--
(1) employed at a Department of Energy facility; or
(2) present at a Department of Energy facility, or
a facility owned and operated by a beryllium vendor,
because of employment by the United States, a beryllium
vendor, or a contractor or subcontractor of the
Department of Energy;
during a period when beryllium dust, particles, or vapor may
have been present at such facility.
(b) Cancer.--An individual with cancer specified in
subclause (I), (II), or (III) of section 3621(9)(B)(ii) shall
be determined to have sustained that cancer in the performance
of duty for purposes of the compensation program if, and only
if, the cancer specified in that subclause was at least as
likely as not related to employment at the facility specified
in that subclause, as determined in accordance with the
guidelines established under subsection (c).
(c) Guidelines.--(1) For purposes of the compensation
program, the President shall by regulation establish guidelines
for making the determinations required by subsection (b).
(2) The President shall establish such guidelines after
technical review by the Advisory Board on Radiation and Worker
Health under section 3624.
(3) Such guidelines shall--
(A) be based on the radiation dose received by the
employee (or a group of employees performing similar
work) at such facility and the upper 99 percent
confidence interval of the probability of causation in
the radioepidemiological tables published under section
7(b) of the Orphan Drug Act (42 U.S.C. 241 note), as
such tables may be updated under section 7(b)(3) of
such Act from time to time;
(B) incorporate the methods established under
subsection (d); and
(C) take into consideration the type of cancer,
past health-related activities (such as smoking),
information on the risk of developing a radiation-
related cancer from workplace exposure, and other
relevant factors.
(d) Methods for Radiation Dose Reconstructions.--(1) The
President shall, through any Federal agency (other than the
Department of Energy) or official (other than the Secretary of
Energy or any other official within the Department of Energy)
that the President may designate, establish by regulation
methods for arriving at reasonable estimates of the radiation
doses received by an individual specified in subparagraph (B)
of section 3621(9) at a facility specified in that subparagraph
by each of the following employees:
(A) An employee who was not monitored for exposure
to radiation at such facility.
(B) An employee who was monitored inadequately for
exposure to radiation at such facility.
(C) An employee whose records of exposure to
radiation at such facility are missing or incomplete.
(2) The President shall establish an independent review
process using the Advisory Board on Radiation and Worker Health
to--
(A) assess the methods established under paragraph
(1); and
(B) verify a reasonable sample of the doses
established under paragraph (1).
(e) Information on Radiation Doses.--(1) The Secretary of
Energy shall provide, to each covered employee with cancer
specified in section 3621(9)(B), information specifying the
estimated radiation dose of that employee during each
employment specified in section 3621(9)(B), whether established
by a dosimetry reading, by a method established under
subsection (d), or by both a dosimetry reading and such method.
(2) The Secretary of Health and Human Services and the
Secretary of Energy shall each make available to researchers
and the general public information on the assumptions,
methodology, and data used in establishing radiation doses
under subsection (d). The actions taken under this paragraph
shall be consistent with the protection of private medical
records.

SEC. 3624. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.

(a) Establishment.--(1) Not later than 120 days after the
date of the enactment of this Act, the President shall
establish and appoint an Advisory Board on Radiation and Worker
Health (in this section referred to as the ``Board'').
(2) The President shall make appointments to the Board in
consultation with organizations with expertise on worker health
issues in order to ensure that the membership of the Board
reflects a balance of scientific, medical, and worker
perspectives.
(3) The President shall designate a Chair for the Board
from among its members.
(b) Duties.--The Board shall advise the President on--
(1) the development of guidelines under section
3623(c);
(2) the scientific validity and quality of dose
estimation and reconstruction efforts being performed
for purposes of the compensation program; and
(3) such other matters related to radiation and
worker health in Department of Energy facilities as the
President considers appropriate.
(c) Staff.--(1) The President shall appoint a staff to
facilitate the work of the Board. The staff shall be headed by
a Director who shall be appointed under subchapter VIII of
chapter 33 of title 5, United States Code.
(2) The President may accept as staff of the Board
personnel on detail from other Federal agencies. The detail of
personnel under this paragraph may be on a nonreimbursable
basis.
(d) Expenses.--Members of the Board, other than full-time
employees of the United States, while attending meetings of the
Board or while otherwise serving at the request of the
President, while serving away from their homes or regular
places of business, shall be allowed travel and meal expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for individuals in
the Government serving without pay.

SEC. 3625. RESPONSIBILITIES OF SECRETARY OF HEALTH AND HUMAN SERVICES.

The Secretary of Health and Human Services shall carry out
that Secretary's responsibilities with respect to the
compensation program with the assistance of the Director of the
National Institute for Occupational Safety and Health.

SEC. 3626. DESIGNATION OF ADDITIONAL MEMBERS OF SPECIAL EXPOSURE
COHORT.

(a) Advice on Additional Members.--(1) The Advisory Board
on Radiation and Worker Health under section 3624 shall advise
the President whether there is a class of employees at any
Department of Energy facility who likely were exposed to
radiation at that facility but for whom it is not feasible to
estimate with sufficient accuracy the radiation dose they
received.
(2) The advice of the Advisory Board on Radiation and
Worker Health under paragraph (1) shall be based on exposure
assessments by radiation health professionals, information
provided by the Department of Energy, and such other
information as the Advisory Board considers appropriate.
(3) The President shall request advice under paragraph (1)
after consideration of petitions by classes of employees
described in that paragraph for such advice. The President
shall consider such petitions pursuant to procedures
established by the President.
(b) Designation of Additional Members.--Subject to the
provisions of section 3621(14)(C), the members of a class of
employees at a Department of Energy facility may be treated as
members of the Special Exposure Cohort for purposes of the
compensation program if the President, upon recommendation of
the Advisory Board on Radiation and Worker Health, determines
that--
(1) it is not feasible to estimate with sufficient
accuracy the radiation dose that the class received;
and
(2) there is a reasonable likelihood that such
radiation dose may have endangered the health of
members of the class.
(c) Access to Information.--The Secretary of Energy shall
provide, in accordance with law, the Secretary of Health and
Human Services and the members and staff of the Advisory Board
on Radiation and Worker Health access to relevant information
on worker exposures, including access to Restricted Data (as
defined in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).

SEC. 3627. SEPARATE TREATMENT OF CHRONIC SILICOSIS.

(a) Sense of Congress.--The Congress finds that employees
who worked in Department of Energy test sites and later
contracted chronic silicosis should also be considered for
inclusion in the compensation program. Recognizing that chronic
silicosis resulting from exposure to silica is not a condition
unique to the nuclear weapons industry, it is not the intent of
Congress with this title to establish a precedent on the
question of chronic silicosis as a compensable occupational
disease. Consequently, it is the sense of Congress that a
further determination by the President is appropriate before
these workers are included in the compensation program.
(b) Certification by President.--A covered employee with
chronic silicosis shall be treated as a covered employee (as
defined in section 3621(1)) for the purposes of the
compensation program required by section 3611 unless the
President submits to Congress not later than 180 days after the
date of the enactment of this Act the certification of the
President that there is insufficient basis to include such
employees. The President shall submit with the certification
any recommendations about the compensation program with respect
to covered employees with chronic silicosis as the President
considers appropriate.
(c) Exposure to Silica in the Performance of Duty.--A
covered employee shall, in the absence of substantial evidence
to the contrary, be determined to have been exposed to silica
in the performance of duty for the purposes of the compensation
program if, and only if, the employee was present for a number
of work days aggregating at least 250 work days during the
mining of tunnels at a Department of Energy facility located in
Nevada or Alaska for tests or experiments related to an atomic
weapon.
(d) Covered Employee With Chronic Silicosis.--For purposes
of this title, the term ``covered employee with chronic
silicosis'' means a Department of Energy employee, or a
Department of Energy contractor employee, with chronic
silicosis who was exposed to silica in the performance of duty
as determined under subsection (c).
(e) Chronic Silicosis.--For purposes of this title, the
term ``chronic silicosis'' means a non-malignant lung disease
if--
(1) the initial occupational exposure to silica
dust preceded the onset of silicosis by at least 10
years; and
(2) a written diagnosis of silicosis is made by a
medical doctor and is accompanied by--
(A) a chest radiograph, interpreted by an
individual certified by the National Institute
for Occupational Safety and Health as a B
reader, classifying the existence of
pneumoconioses of category 1/1 or higher;
(B) results from a computer assisted
tomograph or other imaging technique that are
consistent with silicosis; or
(C) lung biopsy findings consistent with
silicosis.

SEC. 3628. COMPENSATION AND BENEFITS TO BE PROVIDED.

(a) Compensation Provided.--(1) Except as provided in
paragraph (2), a covered employee, or the survivor of that
covered employee if the employee is deceased, shall receive
compensation for the disability or death of that employee from
that employee's occupational illness in the amount of $150,000.
(2) A covered employee shall, to the extent that employee's
occupational illness is established beryllium sensitivity,
receive beryllium sensitivity monitoring under subsection (c)
in lieu of compensation under paragraph (1).
(b) Medical Benefits.--A covered employee shall receive
medical benefits under section 3629 for that employee's
occupational illness.
(c) Beryllium Sensitivity Monitoring.--An individual
receiving beryllium sensitivity monitoring under this
subsection shall receive the following:
(1) A thorough medical examination to confirm the
nature and extent of the individual's established
beryllium sensitivity.
(2) Regular medical examinations thereafter to
determine whether that individual has developed
established chronic beryllium disease.
(d) Payment from Compensation Fund.--The compensation
provided under this section, when authorized or approved by the
President, shall be paid from the compensation fund established
under section 3612.
(e) Survivors.--(1) Subject to the provisions of this
section, if a covered employee dies before the effective date
specified in subsection (f), whether or not the death is a
result of that employee's occupational illness, a survivor of
that employee may, on behalf of that survivor and any other
survivors of that employee, receive the compensation provided
for under this section.
(2) The right to receive compensation under this section
shall be afforded to survivors in the same order of precedence
as that set forth in section 8109 of title 5, United States
Code.
(f) Effective Date.--This section shall take effect on July
31, 2001, unless Congress otherwise provides in an Act enacted
before that date.

SEC. 3629. MEDICAL BENEFITS.

(a) Medical Benefits Provided.--The United States shall
furnish, to an individual receiving medical benefits under this
section for an illness, the services, appliances, and supplies
prescribed or recommended by a qualified physician for that
illness, which the President considers likely to cure, give
relief, or reduce the degree or the period of that illness.
(b) Persons Furnishing Benefits.--(1) These services,
appliances, and supplies shall be furnished by or on the order
of United States medical officers and hospitals, or, at the
individual's option, by or on the order of physicians and
hospitals designated or approved by the President.
(2) The individual may initially select a physician to
provide medical services, appliances, and supplies under this
section in accordance with such regulations and instructions as
the President considers necessary.
(c) Transportation and Expenses.--The individual may be
furnished necessary and reasonable transportation and expenses
incident to the securing of such services, appliances, and
supplies.
(d) Commencement of Benefits.--An individual receiving
benefits under this section shall be furnished those benefits
as of the date on which that individual submitted the claim for
those benefits in accordance with this title.
(e) Payment from Compensation Fund.--The benefits provided
under this section, when authorized or approved by the
President, shall be paid from the compensation fund established
under section 3612.
(f) Effective Date.--This section shall take effect on July
31, 2001, unless Congress otherwise provides in an Act enacted
before that date.

SEC. 3630. SEPARATE TREATMENT OF CERTAIN URANIUM EMPLOYEES.

(a) Compensation Provided.--An individual who receives, or
has received, $100,000 under section 5 of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) for a claim
made under that Act (hereinafter in this section referred to as
a ``covered uranium employee''), or the survivor of that
covered uranium employee if the employee is deceased, shall
receive compensation under this section in the amount of
$50,000.
(b) Medical Benefits.--A covered uranium employee shall
receive medical benefits under section 3629 for the illness for
which that employee received $100,000 under section 5 of that
Act.
(c) Coordination With RECA.--The compensation and benefits
provided in subsections (a) and (b) are separate from any
compensation or benefits provided under that Act.
(d) Payment from Compensation Fund.--The compensation
provided under this section, when authorized or approved by the
President, shall be paid from the compensation fund established
under section 3612.
(e) Survivors.--(1) Subject to the provisions of this
section, if a covered uranium employee dies before the
effective date specified in subsection (g), whether or not the
death is a result of the illness specified in subsection (b), a
survivor of that employee may, on behalf of that survivor and
any other survivors of that employee, receive the compensation
provided for under this section.
(2) The right to receive compensation under this section
shall be afforded to survivors in the same order of precedence
as that set forth in section 8109 of title 5, United States
Code.
(f) Procedures Required.--The President shall establish
procedures to identify and notify each covered uranium
employee, or the survivor of that covered uranium employee if
that employee is deceased, of the availability of compensation
and benefits under this section.
(g) Effective Date.--This section shall take effect on July
31, 2001, unless Congress otherwise provides in an Act enacted
before that date.

SEC. 3631. ASSISTANCE FOR CLAIMANTS AND POTENTIAL CLAIMANTS.

(a) Assistance for Claimants.--The President shall, upon
the receipt of a request for assistance from a claimant under
the compensation program, provide assistance to the claimant in
connection with the claim, including--
(1) assistance in securing medical testing and
diagnostic services necessary to establish the
existence of a covered beryllium illness, chronic
silicosis, or cancer; and
(2) such other assistance as may be required to
develop facts pertinent to the claim.
(b) Assistance for Potential Claimants.--The President
shall take appropriate actions to inform and assist covered
employees who are potential claimants under the compensation
program, and other potential claimants under the compensation
program, of the availability of compensation under the
compensation program, including actions to--
(1) ensure the ready availability, in paper and
electronic format, of forms necessary for making
claims;
(2) provide such covered employees and other
potential claimants with information and other support
necessary for making claims, including--
(A) medical protocols for medical testing
and diagnosis to establish the existence of a
covered beryllium illness, chronic silicosis,
or cancer; and
(B) lists of vendors approved for providing
laboratory services related to such medical
testing and diagnosis; and
(3) provide such additional assistance to such
covered employees and other potential claimants as may
be required for the development of facts pertinent to a
claim.
(c) Information From Beryllium Vendors and Other
Contractors.--As part of the assistance program provided under
subsections (a) and (b), and as permitted by law, the Secretary
of Energy shall, upon the request of the President, require a
beryllium vendor or other Department of Energy contractor or
subcontractor to provide information relevant to a claim or
potential claim under the compensation program to the
President.

Subtitle C--Treatment, Coordination, and Forfeiture of Compensation and
Benefits

SEC. 3641. OFFSET FOR CERTAIN PAYMENTS.

A payment of compensation to an individual, or to a
survivor of that individual, under subtitle B shall be offset
by the amount of any payment made pursuant to a final award or
settlement on a claim (other than a claim for worker's
compensation), against any person, that is based on injuries
incurred by that individual on account of the exposure of a
covered beryllium employee, covered employee with cancer,
covered employee with chronic silicosis (as defined in section
3627), or covered uranium employee (as defined in section
3630), while so employed, to beryllium, radiation, silica, or
radiation, respectively.

SEC. 3642. SUBROGATION OF THE UNITED STATES.

Upon payment of compensation under subtitle B, the United
States is subrogated for the amount of the payment to a right
or claim that the individual to whom the payment was made may
have against any person on account of injuries referred to in
section 3641.

SEC. 3643. PAYMENT IN FULL SETTLEMENT OF CLAIMS.

The acceptance by an individual of payment of compensation
under subtitle B with respect to a covered employee shall be in
full satisfaction of all claims of or on behalf of that
individual against the United States, against a Department of
Energy contractor or subcontractor, beryllium vendor, or atomic
weapons employer, or against any person with respect to that
person's performance of a contract with the United States, that
arise out of an exposure referred to in section 3641.

SEC. 3644. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES AND AGAINST
CONTRACTORS AND SUBCONTRACTORS.

(a) In General.--The liability of the United States or an
instrumentality of the United States under this title with
respect to a cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death related thereto
of a covered employee is exclusive and instead of all other
liability--
(1) of--
(A) the United States;
(B) any instrumentality of the United
States;
(C) a contractor that contracted with the
Department of Energy to provide management and
operation, management and integration, or
environmental remediation of a Department of
Energy facility (in its capacity as a
contractor);
(D) a subcontractor that provided services,
including construction, at a Department of
Energy facility (in its capacity as a
subcontractor); and
(E) an employee, agent, or assign of an
entity specified in subparagraphs (A) through
(D);
(2) to--
(A) the covered employee;
(B) the covered employee's legal
representative, spouse, dependents, survivors
and next of kin; and
(C) any other person, including any third
party as to whom the covered employee, or the
covered employee's legal representative,
spouse, dependents, survivors, or next of kin,
has a cause of action relating to the cancer
(including a specified cancer), chronic
silicosis, covered beryllium illness, or death,
otherwise entitled to recover damages from the
United States, the instrumentality, the
contractor, the subcontractor, or the employee,
agent, or assign of one of them;

because of the cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death in any
proceeding or action including a direct judicial proceeding, a
civil action, a proceeding in admiralty, or a proceeding under
a tort liability statute or the common law.
(b) Applicability.--This section applies to all cases filed
on or after the date of the enactment of this Act.
(c) Workers' Compensation.--This section does not apply to
an administrative or judicial proceeding under a State or
Federal workers' compensation law.

SEC. 3645. ELECTION OF REMEDY FOR BERYLLIUM EMPLOYEES AND ATOMIC
WEAPONS EMPLOYEES.

(a) Election To File Suit.--If a tort case is filed after
the date of the enactment of this Act, alleging a claim
referred to in section 3643 against a beryllium vendor or
atomic weapons employer, the plaintiff shall not be eligible
for compensation or benefits under subtitle B unless the
plaintiff files such case within the applicable time limits in
subsection (b).
(b) Applicable Time Limits.--A case described in subsection
(a) shall be filed not later than the later of--
(1) the date that is 30 months after the date of
the enactment of this Act; or
(2) the date that is 30 months after the date the
plaintiff first becomes aware that an illness covered
by subtitle B of a covered employee may be connected to
the exposure of the covered employee in the performance
of duty.
(c) Dismissal of Claims.--Unless a case filed under
subsection (a) is dismissed prior to the time limits in
subsection (b), the plaintiff shall not be eligible for
compensation under subtitle B.
(d) Dismissal of Pending Suit.--If a tort case was filed on
or before the date of the enactment of this Act, alleging a
claim referred to in section 3643 against a beryllium vendor or
atomic weapons employer, the plaintiff shall not be eligible
for compensation or benefits under subtitle B unless the
plaintiff dismisses such case not later than December 31, 2003.
(e) Workers' Compensation.--This section does not apply to
an administrative or judicial proceeding under a State or
Federal workers' compensation law.

SEC. 3646. CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS.

Compensation or benefits provided to an individual under
subtitle B--
(1) shall be treated for purposes of the internal
revenue laws of the United States as damages for human
suffering; and
(2) shall not be included as income or resources
for purposes of determining eligibility to receive
benefits described in section 3803(c)(2)(C) of title
31, United States Code, or the amount of such benefits.

SEC. 3647. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF REMEDIES.

(a) Claims Not Assignable or Transferable.--No claim
cognizable under subtitle B shall be assignable or
transferable.
(b) Choice of Remedies.--No individual may receive more
than one payment of compensation under subtitle B.

SEC. 3648. ATTORNEY FEES.

(a) General Rule.--Notwithstanding any contract, the
representative of an individual may not receive, for services
rendered in connection with the claim of an individual under
subtitle B, more than that percentage specified in subsection
(b) of a payment made under subtitle B on such claim.
(b) Applicable Percentage Limitations.--The percentage
referred to in subsection (a) is--
(1) 2 percent for the filing of an initial claim;
and
(2) 10 percent with respect to any claim with
respect to which a representative has made a contract
for services before the date of the enactment of this
Act.
(c) Penalty.--Any such representative who violates this
section shall be fined not more than $5,000.

SEC. 3649. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.

A payment under subtitle B shall not be considered as any
form of compensation or reimbursement for a loss for purposes
of imposing liability on any individual receiving such payment,
on the basis of such receipt, to repay any insurance carrier
for insurance payments, or to repay any person on account of
worker's compensation payments; and a payment under subtitle B
shall not affect any claim against an insurance carrier with
respect to insurance or against any person with respect to
worker's compensation.

SEC. 3650. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

(a) Forfeiture of Compensation.--Any individual convicted
of a violation of section 1920 of title 18, United States Code,
or any other Federal or State criminal statute relating to
fraud in the application for or receipt of any benefit under
subtitle B or under any other Federal or State workers'
compensation law, shall forfeit (as of the date of such
conviction) any entitlement to any compensation or benefit
under subtitle B such individual would otherwise be awarded for
any injury, illness or death covered by subtitle B for which
the time of injury was on or before the date of the conviction.
(b) Information.--Notwithstanding section 552a of title 5,
United States Code, or any other Federal or State law, an
agency of the United States, a State, or a political
subdivision of a State shall make available to the President,
upon written request from the President and if the President
requires the information to carry out this section, the names
and Social Security account numbers of individuals confined,
for conviction of a felony, in a jail, prison, or other penal
institution or correctional facility under the jurisdiction of
that agency.

SEC. 3651. COORDINATION WITH OTHER FEDERAL RADIATION COMPENSATION LAWS.

Except in accordance with section 3630, an individual may
not receive compensation or benefits under the compensation
program for cancer and also receive compensation under the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note) or
section 1112(c) of title 38, United States Code.

Subtitle D--Assistance in State Workers' Compensation Proceedings

SEC. 3661. AGREEMENTS WITH STATES.

(a) Agreements Authorized.--The Secretary of Energy
(hereinafter in this section referred to as the ``Secretary'')
may enter into agreements with the chief executive officer of a
State to provide assistance to a Department of Energy
contractor employee in filing a claim under the appropriate
State workers' compensation system.
(b) Procedure.--Pursuant to agreements under subsection
(a), the Secretary may--
(1) establish procedures under which an individual
may submit an application for review and assistance
under this section; and
(2) review an application submitted under this
section and determine whether the applicant submitted
reasonable evidence that--
(A) the application was filed by or on
behalf of a Department of Energy contractor
employee or employee's estate; and
(B) the illness or death of the Department
of Energy contractor employee may have been
related to employment at a Department of Energy
facility.
(c) Submittal of Applications to Panels.--If provided in an
agreement under subsection (a), and if the Secretary determines
that the applicant submitted reasonable evidence under
subsection (b)(2), the Secretary shall submit the application
to a physicians panel established under subsection (d). The
Secretary shall assist the employee in obtaining additional
evidence within the control of the Department of Energy and
relevant to the panel's deliberations.
(d) Composition and Operation of Panels.--(1) The Secretary
shall inform the Secretary of Health and Human Services of the
number of physicians panels the Secretary has determined to be
appropriate to administer this section, the number of
physicians needed for each panel, and the area of jurisdiction
of each panel. The Secretary may determine to have only one
panel.
(2)(A) The Secretary of Health and Human Services shall
appoint panel members with experience and competency in
diagnosing occupational illnesses under section 3109 of title
5, United States Code.
(B) Each member of a panel shall be paid at the rate of pay
payable for level III of the Executive Schedule for each day
(including travel time) the member is engaged in the work of a
panel.
(3) A panel shall review an application submitted to it by
the Secretary and determine, under guidelines established by
the Secretary, by regulation, whether the illness or death that
is the subject of the application arose out of and in the
course of employment by the Department of Energy and exposure
to a toxic substance at a Department of Energy facility.
(4) At the request of a panel, the Secretary and a
contractor who employed a Department of Energy contractor
employee shall provide additional information relevant to the
panel's deliberations. A panel may consult specialists in
relevant fields as it determines necessary.
(5) Once a panel has made a determination under paragraph
(3), it shall report to the Secretary its determination and the
basis for the determination.
(6) A panel established under this subsection shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(e) Assistance.--If provided in an agreement under
subsection (a)--
(1) the Secretary shall review a panel's
determination made under subsection (d), information
the panel considered in reaching its determination, any
relevant new information not reasonably available at
the time of the panel's deliberations, and the basis
for the panel's determination;
(2) as a result of the review under paragraph (1),
the Secretary shall accept the panel's determination in
the absence of significant evidence to the contrary;
and
(3) if the panel has made a positive determination
under subsection (d) and the Secretary accepts the
determination under paragraph (2), or the panel has
made a negative determination under subsection (d) and
the Secretary finds significant evidence to the
contrary--
(A) the Secretary shall assist the
applicant to file a claim under the appropriate
State workers' compensation system based on the
health condition that was the subject of the
determination;
(B) the Secretary thereafter--
(i) may not contest such claim;
(ii) may not contest an award made
regarding such claim; and
(iii) may, to the extent permitted
by law, direct the Department of Energy
contractor who employed the applicant
not to contest such claim or such
award,
unless the Secretary finds significant new
evidence to justify such contest; and
(C) any costs of contesting a claim or an
award regarding the claim incurred by the
contractor who employed the Department of
Energy contractor employee who is the subject
of the claim shall not be an allowable cost
under a Department of Energy contract.
(f) Information.--At the request of the Secretary, a
contractor who employed a Department of Energy contractor
employee shall make available to the Secretary and the employee
information relevant to deliberations under this section.
(g) GAO Report.--Not later than February 1, 2002, the
Comptroller General shall submit to Congress a report on the
implementation by the Department of Energy of the provisions of
this section and of the effectiveness of the program under this
section in assisting Department of Energy contractor employees
in obtaining compensation for occupational illness.
Following is explanatory language on H.R. 5408, as
introduced on October 6, 2000.
References in the following to a provision of the
conference agreement refer to that provision in H.R. 5408.

Summary Statement of Conference Action

The conferees recommend authorization for the Department
of Defense for procurement, research, and development, test and
evaluation, operation and maintenance, working capital funds,
military construction and family housing, weapons programs of
the Department of Energy, and the civil defense that have
budget authority implications of $309.9 billion.

Summary Table of Authorizations

The defense authorization act provides authorizations for
appropriations but does not generally provide budget authority.
Budget authority is provided in appropriations acts.
In order to relate the conference recommendations to the
Budget Resolution, matter in addition to the dollar
authorizations contained in this bill must be taken into
account. A number of programs in the defense function are
authorized permanently or, in certain instances, authorized in
other annual legislation. In addition, this authorization bill
would establish personnel levels and include a number of
legislative provisions affecting military compensation.
The following table summarizes authorizations included in
the bill for fiscal year 2001 and, in addition, summarizes the
implications of the conference action for the budget totals for
national defense (budget function 050).

Congressional Defense Committees

The term ``congressional defense committees'' is often
used in this statement of managers. It means the Defense
Authorization and Appropriations Committee of the Senate and
House of Representatives.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I--Procurement

Procurement Overview

The budget request for fiscal year 2001 included an
authorization of $60,563.4 million for Procurement in the
Department of Defense.
The House bill would authorize $62,593.1 million.
The Senate amendment would authorize $63,560.6 million.
The conferees recommended an authorization of $63,166.6
million. The conference agreement reflects reductions reflected
in the fiscal year 2001 Department of Defense Appropriations
Act (Public Law 106-259). Unless noted explicitly in the
statement of managers, all changes are made without prejudice.

Overview

The budget request for fiscal year 2001 included an
authorization of $1,323.3 million for Aircraft Procurement,
Army in the Department of Defense.
The House bill would authorize $1,542.8 million.
The Senate amendment would authorize $1,749.7 million.
The conferees recommended an authorization of $1,550.0
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

UH-60 Blackhawk
The budget request included $81.2 million to procure six
UH-60L Blackhawk helicopters for the Army National Guard
(ARNG).
The House bill would authorize an increase of $27.9
million to procure an additional three UH-60L Blackhawks, $40.2
million to procure three UH-60Q medical evacuation helicopters,
and $3.0 million to procure two Firehawk conversion kits, a
total increase of $71.1 million to meet additional UH-60
Blackhawk requirements for the ARNG.
The Senate amendment would authorize an increase of
$196.3 million to procure an additional 20 UH-60L Blackhawk
aircraft identified on the Army's unfunded requirements list.
The conferees agree to authorize $179.4 million for 16
UH-60L aircraft for the reserve components and $26.8 million
for two UH-60Q aircraft for the ARNG, a total authorization of
$206.2 million for UH-60 Blackhawk helicopters.
TH-67 training helicopter
The budget request included no funding for TH-67 training
helicopter requirements.
The House bill would authorize an increase of $24.0
million to procure 19 TH-67 training helicopters.
The Senate amendment would authorize an increase of $35.0
million to procure 19 TH-67 aircraft.
The conferees agree to authorize an increase of $24.0
million to procure 19 TH-67 aircraft.
Longbow
The budget request included $744.8 million for AH-64
Apache Longbow modifications.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of
$141.1 million for Apache recapitalization requirements.
The conferees agree to authorize an increase of $17.5
million, a total authorization of $762.3 million to address AH-
64 Apache recapitalization requirements.
AH-64 modifications
The budget request included $18.5 million for AH-64
modifications, but included no funding to continue procurement
of the oil debris detection system (ODDS) or the vibration
management enhancement program (VMEP).
The House bill would authorize an increase of $5.0
million to continue procurement of ODDS and $7.0 million for
the procurement of VMEP for the Army National Guard (ARNG) AH-
64 fleet, a total increase of $12.0 million to meet outstanding
AH-64 modification requirements.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million for ODDS, $5.0 million for VMEP for the ARNG AH-64
fleet, and $7.5 million to support critical component upgrades,
as identified in the Army's unfunded requirements list, a total
authorization of $36.0 million to address AH-64 modification
requirements.
UH-60 modifications
The budget request included $3.0 million for UH-60
modifications.
The House bill would authorize an increase of $9.0
million for extended range fuel system modifications for Army
National Guard (ARNG) UH-60 Blackhawks.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0
million for UH-60 modifications, including $3.0 million for
extended range fuel system modifications and $3.0 million for
Firehawk kits, both for the ARNG.
Aircraft Survivability Equipment (ASE)
The budget request contained no funding for the
procurement of Aircraft Survivability Equipment (ASE).
The House bill would authorize an increase of $8.0
million to upgrade the Aircraft Survivability Equipment Trainer
(ASET) IV systems with current IR SAM threat simulators.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0
million for aircraft survivability equipment. Of this amount,
$4.0 million is for ASET IV systems upgrades and $6.0 million
is for laser detection kits.
Aircrew integrated systems
The budget request included $3.5 million for aircrew
integrated system equipment requirements.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.9
million for aircrew integrated systems to procure 12,640
advanced laser eye protection visors.
The conferees agree to authorize an increase of $2.4
million for aircrew laser eye protection requirements, a total
authorization of $5.9 million for aircrew system equipment
requirements.
Overview
The budget request for fiscal year 2001 included an
authorization of $1,295.7 million for Missile Procurement, Army
in the Department of Defense.
The House bill would authorize $1,367.7 million.
The Senate amendment would authorize $1,382.3 million.
The conferees recommended an authorization of $1,320.7
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Army tactical missile system
The budget request included $15.0 million for Army
tactical missile system (ATACMS) fielding and production line
shutdown.
The House bill would authorize an increase of $10.0
million for the procurement of 51 ATACMS Block IV missiles.
The Senate amendment would authorize an increase of $77.4
million to procure 100 ATACMS block IA missiles.
The conferees agree to authorize an increase of $83.0
million, of which $6.0 million is for ATACMS block IV missiles
and $77.0 million is to procure 100 ATACMS block IA missiles, a
total authorization of $98.0 million.
Overview
The budget request for fiscal year 2001 included an
authorization of $1,874.6 million for Weapons and Tracked
Combat Vehicles Procurement, Army in the Department of Defense.
The House bill would authorize $2,167.9 million.
The Senate amendment would authorize $2,115.1 million.
The conferees recommended an authorization of $2,436.3
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Bradley base sustainment
The budget request included $359.4 million for the
procurement of Bradley A3 fighting vehicle upgrades, of which
$6.1 million was included for fielding Army National Guard
(ARNG) A2 Operation Desert Storm (ODS) variants.
The House bill would authorize an increase of $81.3
million for upgrading an additional 65 Bradley A0 vehicles to
the A2ODS variant for ARNG.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $72.3
million for ARNG Bradley A2ODS conversions.
Improved recovery vehicle
The budget request included $68.4 million to procure
improved recovery vehicles (IRVs) but included no funding for
the procurement of IRVs for the Army Reserve.
The House bill would authorize an increase of $8.3
million for additional M88A2 IRV upgrades for the Army Reserve.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0
million for additional M88A2 IRV upgrades for the Army Reserve,
a total authorization of $74.4 million.
Heavy assault bridge system modifications
The budget request included no funding to continue
procurement of the heavy assault bridge system (HAB).
The House bill would authorize an increase of $59.2
million for 12 vehicles and an increase of $13.1 million in
advanced procurement for fiscal year 2002 to maintain HAB
production.
The Senate amendment would authorize an increase of $77.0
million to restore the Wolverine heavy assault bridge program
and a corresponding decrease of $15.2 million to the AVLB SLEP
program.
The conferees agree to authorize an increase of $77.0
million for the heavy assault bridge program, a total
authorization of $77.0 million. Accordingly, the conferees
expect the Secretary of the Army to budget for the HAB through
the future years defense program.
Army Transformation
The budget request included $537.1 million, sufficient
funds to procure equipment and to field the first interim
brigade combat team as part of the Army transformation
initiative.
The House bill and Senate amendment would authorize the
budget request.
The conferees agree to authorize a total increase of
$600.0 million for the Army transformation initiative, which
includes:
(1) $100.0 million for medium armored vehicle
procurement;
(2) $300.0 million for medium armored vehicles for
a second interim brigade combat team; and
(3) $200.0 million for other support equipment for
a second interim brigade combat team.
Machine gun, squad automatic weapon
The budget request included no funding for the squad
automatic weapon (SAW).
The House bill would authorize an increase of $18.3
million to complete the procurement of the M249 SAW system.
The Senate amendment would authorize an increase of $18.3
million to procure 4,280 weapons and complete the acquisition
of the SAW system.
The conferees agree to authorize an increase of $17.0
million for the procurement of 4,280 weapons and complete the
acquisition of the SAW system, a total authorization of $17.0
million.
Overview
The budget request for fiscal year 2001 included an
authorization of $1,131.3 million for Ammunition Procurement,
Army in the Department of Defense.
The House bill would authorize $1,199.3 million.
The Senate amendment would authorize $1,224.3 million.
The conferees recommended an authorization of $1,179.9
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

155MM Sense and Destroy Armor Munition M898
The budget request included $14.9 million for the Sense
and Destroy Armor Munition.
The House bill and the Senate amendment would authorize
the budget request for this program.
Consistent with the outcome of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259), the conferees
agree to authorize a decrease of $14.9 million for this
program.
If the Secretary of the Army determines that it is
important for the Army to continue this program, the conferees
encourage the Secretary to submit a reprogramming request.
Overview
The budget request for fiscal year 2001 included an
authorization of $3,795.9 million for Other Procurement, Army
in the Department of Defense.
The House bill would authorize $4,095.3 million.
The Senate amendment would authorize $4,027.2 million.
The conferees recommended an authorization of $4,235.7
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Tactical trailers/dolly sets
The budget request included no funding for tactical
trailers and dolly sets.
The House bill would authorize an increase of $3.8
million for heavy tactical vehicle requirements for Army
National Guard (ARNG) multiple launch rocket system (MLRS)
battalion conversions.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.8
million for heavy expanded mobility ammunition trailers for
ARNG MLRS battalion conversions.
High mobility multipurpose-wheeled vehicle
The budget request included $110.7 million for 1,002 A2
model high mobility multipurpose-wheeled vehicle (HMMWVA2s),
which incorporates upgraded electrical, braking, engine and
transmission improvements, as well as a 15-year corrosion
prevention program, but included no funding for HMMWVs to fill
critical shortages in Army Reserve combat support and combat
service support units.
The House bill would authorize an increase of $5.0
million for 100 Army Reserve HMMWVA2s.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million for the procurement of 60 HMMWVA2s for the Army
Reserve, a total authorization of $113.7 million for 1,062
HMMWVs.
Family of medium tactical vehicles
The budget request included $438.3 million to procure
family of medium tactical vehicle (FMTV) trucks to replace an
aging fleet of medium trucks found in the Army today.
The House bill would authorize an increase of $35.0
million for additional Army Reserve trucks.
The Senate amendment would authorize an increase of $43.0
million to procure additional FMTV trucks necessary to
accelerate the fielding of these trucks to reserve component
units.
The conferees agree to authorize an increase of $37.3
million to procure additional FMTV trucks for the reserve
components, a total authorization of $475.6 million.
Fire trucks and associated firefighting equipment
The budget request included $14.8 million for fire trucks
and associated firefighting equipment.
The House bill would authorize an increase of $1.2
million for heavy expanded mobility tactical truck (HEMTT) fire
trucks for the Army Reserve.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.2
million for procurement of additional HEMTT fire trucks for the
Army Reserve, a total authorization of $16.0 million.
M915/M916 line haul truck tractor
The budget request included $43.0 million for M915A3 line
haul tractors, of which $3.4 million was included for M915A3s
for the Army Reserve.
The House bill would authorize an increase of $1.6
million for the procurement of 12 additional upgraded M915A3
tractors for the Army Reserve.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.0
million for the procurement of additional upgraded M915A3
tractors for the Army Reserve, a total authorization of $44.0
million.
Weapons of Mass Destruction Civil Support Teams
The budget request included $76.4 million to sustain 27
Weapons of Mass Destruction Civil Support Teams (WMD-CSTs).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $25.0
million for the WMD-CST program. This funding would establish
five additional WMD-CSTs and provide additional equipment for
the WMD-CST program, as follows: $3.2 million in military
personnel; $7.5 million in Operations and Maintenance, Army;
$1.8 million in Contamination Avoidance, Chemical Biological
Defense Program, Procurement, Defense-Wide; and $12.5 million
in Special Purpose Vehicles, Other Procurement, Army. Of the
amounts included in the categories specified, $4.0 million of
the $12.5 million in Special Purpose Vehicles, Other
Procurement, Army would be for the purchase of two additional
Unified Command Suites (UCS) and Mobile Analytical Labs (MALS)
and for the purchase of 35 tactical mobility systems for use by
the WMD-CSTs. The remainder of the funding would be for the
five additional WMD-CSTs.
The conferees agree to authorize an increase of $15.7
million for the establishment of five additional WMD-CSTs, as
follows: $3.2 million in military personnel; $5.9 million in
Operations and Maintenance, Army; $900,000 in Contamination
Avoidance, Chemical Biological Defense Program, Procurement,
Defense-Wide; and $5.7 million in Special Purpose Vehicles,
Other Procurement, Army.
Army data distribution system
The budget request included $32.7 million for Army data
distribution system (ADDS) requirements.
The House bill would authorize an increase of $18.5
million to procure Enhanced Position Reporting System (EPLRS)
radios for an Army National Guard (ARNG) enhanced brigade.
The Senate amendment would authorize an increase of $5.3
million to support EPLRS software development requirements and
$27.3 million to procure 634 EPLRS systems and accelerate
efforts to meet the Army acquisition objective for this system,
a total increase of $32.6 million.
The conferees agree to authorize an increase of $37.5
million for ADDS requirements, including $24.2 million for the
procurement of EPLRS to be allocated according to Army
priorities, $8.0 million for ARNG EPLRS, and $5.3 million for
EPLRS software development, a total authorization of $70.2
million for ADDS requirements.
Single channel ground and airborne radio systems family
The budget request included $18.3 million for the
procurement and the fielding of airborne single channel ground
and airborne radio systems (SINCGARS), but included no funding
to procure SINCGARS advanced system improvement program (ASIP)
radios for the Army National Guard (ARNG).
The House bill would authorize an increase of $30.7
million to procure SINCGARS ASIP radios for one ARNG division.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $20.0
million for ARNG requirements and $10.0 million for active Army
requirements, a total authorization of $48.3 million for the
procurement of SINCGARS.
Area common user system modification program
The budget request included $114.0 million for area
common user system (ACUS) modification program requirements.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $60.0
million to procure 27 down-sized communications switches and
229 high mobility DGM assemblages (HMDA) devices and an
increase of $14.0 million to accelerate the fielding of 2,901
TS-21 Blackjack secure facsimile machines.
The conferees agree to authorize an increase of $60.0
million for ACUS, a total authorization of $174.0 million. Of
this amount, $51.0 million is for down-sized communications
switches and HMDA equipment and $9.0 million is for TS-21
Blackjack secure facsimile machines.
Night vision devices
The budget request included $34.1 million for Army night
vision devices, of which $29.5 million was included for AN/PVS-
7 night vision goggles. However, no funding was included for
third generation, 25 millimeter (mm) image intensification tube
upgrades.
The House bill would authorize an increase of $12.0
million for AN/PVS-7 night vision goggles. Of this amount,
$400,000 would be used to procure goggles for Army Reserve
combat support units and $8.4 million would be used to procure
third generation, 25mm image intensification tube upgrades.
The Senate amendment would authorize an increase of $48.0
million for the procurement of night vision devices, as
follows:
(1) an increase of $18.1 million to procure 5,000 AN/PEQ-
2A and 10,000 AN/PAC-4C target pointer/aiming lights;
(2) an increase of $14.9 million to procure 18,600 AN/
PVS-7 night vision binoculars; and
(3) an increase of $15.0 million to procure 25mm image
intensification tubes for AN/PVS-4 and AN/TVS-5 night vision
weapon scopes.
The conferees agree to authorize an increase of $32.0
million for night vision devices, as follows:
(1) an increase of $8.0 million to procure AN/PVS-7;
(2) an increase of $6.0 million to procure 25mm image
intensification tubes;
(3) an increase of $15.0 million to procure AN/PEQ-2A and
AN/PAC-4C; and
(4) an increase of $3.0 million to procure miniature
eyesafe lasers.
Combat identification/aiming light
The budget request included $8.0 million for combat
identification/aiming light requirements.
The House bill would authorize an increase of $3.0
million for combat identification/aiming light engineering and
manufacturing development requirements.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million to support outstanding combat identification/aiming
light requirements.
Standard integrated command post system
The budget request included $36.0 million to procure
standard integrated command post systems (SICPS), of which $1.3
million was included for modular command post system (MCPS)
tents.
The House bill would authorize an increase of $2.0
million and $3.0 million respectively, to procure MCPS for
active and Army National Guard units.
The Senate amendment would authorize an increase of $17.5
million to procure additional SICPS.
The conferees agree to authorize an increase of $11.5
million, a total authorization of $47.5 million for SICPS/MCPS
procurement.
Automated data processing equipment
The budget request included $172.1 million for
procurement of automated data processing equipment (ADPE), of
which $485,000 was included for automatic identification
technology (AIT).
The House bill would authorize an increase of $6.0
million for maintenance AIT implementation.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.0
million for Army National Guard distance learning courseware
and an increase of $4.0 million for maintenance AIT
implementation, a total authorization of $180.1 million for
ADPE.
Ribbon bridge
The budget request included $15.7 million for ribbon
bridge equipment but included no funding to procure this
equipment for Army National Guard (ARNG) multi-role bridge
companies (MRBC).
The House bill would authorize an increase of $27.0
million to accelerate the fielding of two ARNG MRBC.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $14.5
million to procure ribbon bridge equipment for reserve
component requirements, a total authorization of $30.2 million.
Laundries, showers, and latrines
The budget request included $12.6 million to procure the
laundry advanced system (LADS).
The House bill would authorize an increase of $9.0
million to accelerate procurement of LADS.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.0
million for LADS, a total authorization of $16.6 million.
Combat support medical
The budget request included $31.6 million to procure
deployable medical systems and field medical equipment, but
included no funding for rapid intravenous (IV) infusion pumps
or for life support trauma and transport (LSTAT) units. The
budget request also contained $6.3 million in PE 64807A, but
included no funds for LSTAT.
The House bill would authorize an increase of $18.0
million for the procurement of combat support medical, as
follows:
(1) an increase of $8.0 million to procure rapid IV
infusion pumps;
(2) an increase of $6.0 million to begin procurement of
LSTAT units; and
(3) an increase of $4.0 million in PE64807A for
development of expanded LSTAT capabilities.
The Senate amendment would authorize an increase of $6.0
million for rapid IV pumps.
The conferees agree to authorize an increase of $5.0
million for rapid IV pumps, a total authorization of $36.6
million for combat support medical equipment.
Roller, vibratory, self-propelled
The budget request included $4.7 million for self-
propelled vibratory roller systems.
The House bill would authorize an increase of $7.0
million to procure 96 additional vibratory self-propelled
rollers, including $3.0 million for active Army units and $4.0
million for Army Reserve units.
The Senate amendment would authorize an increase of $5.0
million to procure 80 vehicles necessary to meet the
requirements of Army engineer units.
The conferees agree to authorize an increase of $4.0
million for Army Reserve units and an increase of $3.0 million
for active component units, a total authorization of $11.7
million for the procurement of roller, vibratory, self-
propelled vehicles.
Hydraulic excavator
The budget request included $8.3 million for procurement
of hydraulic excavator (HYEX) equipment.
The House bill would authorize an increase of $2.3
million for 13 additional Type I HYEX systems for the Army
Reserve.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.5
million for the procurement of HYEX systems for the Army
Reserve, a total authorization of $9.8 million.
Deployable universal combat earth mover
The budget request included $14.1 million to procure
deployable universal combat earth mover (DEUCE) equipment.
The House bill would authorize an increase of $10.2
million to begin fielding DEUCE systems for the Army's interim
brigade.
The Senate amendment would authorize an increase of $7.0
million to procure 18 DEUCE vehicles.
The conferees agree to authorize an increase of $10.2
million for the procurement of 30 additional DEUCE vehicles, a
total authorization of $24.3 million.
Construction equipment service life extension program
The budget request included $2.0 million for service life
extensions to various types of construction equipment, but
included no funding to conduct an Army National Guard (ARNG) D-
7 dozer and Army Reserve heavy grader and scraper service life
extension program (SLEP).
The House bill would authorize an increase of $10.0
million,of which $5.0 million is for an ARNG D-7 dozer SLEP and
$5.0 million is for an Army Reserve heavy scraper and grader SLEP.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0
million, of which $5.0 million is for an ARNG D-7 dozer SLEP
and $5.0 million is for an Army Reserve heavy scraper and
grader SLEP, a total authorization of $12.0 million.
Small tug
The budget request included no funding to procure small
tugs for the Army to tow general cargo barges in harbors,
inland waterways and along coastlines.
The House bill would authorize an increase of $9.0
million to accelerate procurement of three vessels towards
completion of the requirement of 15 small tugs.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $9.0
million for the procurement of three vessels towards completion
of the requirement of 15 small tugs.
Combat training center instrumentation support
The budget request included $81.8 million for combat
training center support, but included no funding for either the
Army National Guard (ARNG) deployable force-on-force
instrumented range system (DFIRST) or the multi-purpose range
complex-heavy (MPRC-H).
The House bill would authorize an increase of $3.2
million for MPRC-H targetry electronic upgrades and $10.5
million for three additional DFIRST systems to continue force-
on-force simulation-based training at regional training
centers, a total increase of $12.7 million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $11.6
million for combat training centers. Of this amount, $9.6
million would be for additional DFIRST systems for the ARNG and
$2.0 million would be for MPRC-H upgrades, a total
authorization of $93.4 million.
Nonsystem training devices
The budget request included $91.9 million for procurement
of training device and range modernization requirements.
The House bill would authorize an increase of $8.0
million to procure 30 engagement skills trainer (EST) 2000
systems and an increase of $9.0 million for the first increment
of a three-year Abrams full-crew interactive skills trainer (A-
FIST) XXI conversion program, both for the Army National Guard
(ARNG), a total increase of $17.0 million for non-system
training devices.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $9.0
million for the procurement of training device and range
modernization requirements. Of this amount, $5.0 million would
be for the procurement of ARNG EST 2000 systems and $4.0
million would be for the first increment of a three year ARNG
A-FIST XXI conversion program, a total authorization of $100.9
million.
Overview
The budget request for fiscal year 2001 included an
authorization of $1,003.5 million for Chemical Agents and
Munitions Destruction, Army.
The House bill would authorize no funding for Chemical
Agents and Munitions Destruction, Army, but would transfer the
authorization of $877.1 million for Chemical Agents and
Munitions Destruction, Defense.
The Senate amendment would authorize no funding for
Chemical Agents and Munitions Destruction, Army but would
transfer the authorization of $1,003.5 million for Chemical
Agents and Munitions Destruction, Defense.
The conferees agree to authorize $980.1 million for
Chemical Agents and Munitions Destruction, Army. Unless noted
explicitly in the conference agreement, all changes are made
without prejudice.

Chemical Agents and Munitions Destruction, Army
The budget request for the Army included $1.0 billion for
Chemical Agents and Munitions Destruction, Army.
The House bill would authorize no funding for Chemical
Agents and Munitions Destruction, Army, but contained a
provision (sec. 106) that would authorize $877.1 million for
Chemical Agents and Munitions Destruction, Defense, for
destruction of the lethal chemical agents and munitions
stockpile pursuant to section 1412 of the Department of Defense
Authorization Act for Fiscal Year 1986 (Public Law 99-45) and
destruction of chemical warfare materiel not covered by section
1412 of the Act, a decrease of $126.4 million.
The Senate amendment would authorize no funding for
Chemical Agents and Munitions Destruction, Army, but contained
a provision (sec. 106) that would authorize $1.0 billion for
Chemical Agents and Munitions Destruction, Defense.
The conferees agree to authorize $980.1 million for
Chemical Agents and Munitions Destruction, Army, including
$274.4 million for research and development, $105.7 million for
procurement, and $600.0 million for operations and maintenance.
Section 1521(f) of title 50, United States Code, requires
that funding for the chemical agents and munitions destruction
program, including funds for military construction projects,
shall be set forth in the budget of the Department of Defense
as a separate account, and shall not be included in the budget
accounts for any military department. The conferees expect that
the Secretary of Defense will comply with these requirements in
any future budget request for the chemical agents and munitions
destruction program.
The conferees recognize that uncertainties in program
requirements and execution create the potential for additional
funding requirements that may have to be addressed during
fiscal year 2001. The conferees encourage the Secretary to
identify requirements for additional funds that may be required
in fiscal year 2001 to ensure execution of the program and to
make appropriate recommendations for reprogramming or other
actions necessary to provide those funds at the earliest
opportunity.
Chemical stockpile emergency preparedness project
The budget request for the chemical agents and munitions
destruction program included $600,000 in procurement funds for
minor equipment replacement and $66.7 million for chemical
stockpile emergency preparedness program (CSEPP) operations and
maintenance. The conferees note that funds provided for CSEPP
in fiscal years 1999 and 2000 were subject to a decrease of
approximately nine percent and eight percent, respectively, as
a pro-rata share of the decrease to the chemical agents and
munitions destruction account. Because of the potential impact
of such reductions on the safety of those living and working
near or on the chemical stockpile storage and destructions
sites, the conferees direct that funding for CSEPP shall be at
the requested level.
Non-stockpile chemical materiel project
The House report accompanying H.R. 4205 (H. Rept. 106-
616) noted that an independent assessment of the non-stockpile
project had raised several issues with respect to the project
and recommended examination of project schedule and cost risks
to quantify the potential risks, ultimate costs, and time
required to complete the project. The report expressed the
belief that these issues must be addressed before proceeding
further with development and acquisition of integrated
transportable treatment systems for non-stockpile chemical
materiel. The conferees note that following submission of the
fiscal year 2001 budget request, the project manager for
chemical demilitarization, conducted a major review of the non-
stockpile project, rebaselined the current project, and is
considering the results of on-going analysis and non-stockpile
cost containment efforts that could result in significant
further changes to the project that would have both cost and
schedule implications. The conferees direct that these issues,
and planned and recommended changes to the non-stockpile
chemical materiel project, schedule, and funding requirements
be addressed in an addendum to the fiscal year 2000 annual
report to Congress on the chemical demilitarization program to
be submitted with the fiscal year 2002 budget request.
Destruction of non-stockpile chemical materiel in stockpile
facilities
Section 141 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) amended subsection 1412(c)
of the National Defense Authorization Act for Fiscal Year 1986
(Public Law 99-45) to allow non-stockpile chemical agents,
munitions, or related materials specifically designated by the
Secretary of Defense to be destroyed at stockpile facilities if
the affected states have issued the appropriate permits. In the
statement of managers accompanying the National Defense
Authorization Act for Fiscal Year 2000, the conferees stated
the expectation that site specific decisions relative to the
issue of such permits would be arrived at in accordance with
review processes that permit the views of the local
jurisdictions to be considered.
The conferees note that federal, state, and local
environmental laws and regulations require the Army to obtain
permits for construction and the conduct of operations at each
of the chemical weapons destruction facilities that are
specific to the particular disposal site and the proposed
chemical destruction operations to be conducted at the site.
The conferees also note that established procedures for the
review and approval of such statements, assessments, and
permits provide for periods of public review and comment, and
opportunities forconsideration of the views of the local
jurisdictions.
The conferees further note that the Environmental
Protection Agency has delegated to the individual states the
authority to administer and enforce the hazardous waste
disposal requirements relative to those sites, and consequently
decisions to approve permits required for the construction and
operation of the chemical stockpile demilitarization facilities
and for destruction of non-stockpile material are reserved to
the states in which those sites are located. The conferees
reiterate that it is the intent of Congress that the views of
local jurisdictions in which the sites are located are a major
factor to be considered in the permit and review process and in
any decision by state authorities regarding such permits.
Overview
The budget request for fiscal year 2001 included an
authorization of $7,963.9 million for Aircraft Procurement,
Navy in the Department of Defense.
The House bill would authorize $8,205.8 million.
The Senate amendment would authorize $8,686.0 million.
The conferees recommended an authorization of $8,394.3
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

F/A-18E/F aircraft
The budget request included $2.819 billion for the
procurement of 42 F/A-18E/F aircraft on a multiyear contract.
The House bill would authorize a decrease of $205.8
million, a total authorization of $2.613 billion for the
procurement of 39 F/A-18E/F aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $13.0
million due to production engineering support cost growth, a
total authorization of $2.806 billion for the procurement of 42
F/A-18E/F aircraft.
SH-60R helicopter
The budget request included $162.3 million for the
procurement of four remanufactured SH-60R helicopters,
including the airborne low frequency sonar system (ALFS).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $82.1
million for the procurement of three additional remanufactured
SH-60R helicopters and an increase of $6.0 million for ALFS, a
total increase of $88.1 million.
The conferees agree to authorize an increase of $47.3
million, as follows:
(1) an increase of $52.4 million for the
procurement of two additional remanufactured SH-60R
helicopters;
(2) an increase of $4.9 million for ALFS;
(3) a decrease of $5.0 million due to cost growth
in non-recurring items; and
(4) a decrease of $5.0 million due to avionics
support equipment that can be deferred.
UC-35 aircraft
The budget request included no funding for the
procurement of UC-35 medium range operational support aircraft.
The House bill would authorize an increase of $15.2
million for the procurement of two UC-35 aircraft.
The Senate amendment would authorize an identical
increase.
The conferees agree to authorize an increase of $7.6
million for the procurement of one UC-35 aircraft for the
Marine Corps.
F-18 series modifications
The budget request included $212.6 million for F-18
modifications.
The House bill would authorize an increase of $103.7
million for F-18 modifications, as follows:
(1) an increase of $86.9 million to procure
additional ECP-583 upgrade kits for Marine Corps F/A-
18A active and reserve component aircraft;
(2) an increase of $31.0 million to procure ECP-560
upgrade kits for Naval Reserve F/A-18A aircraft;
(3) an increase of $9.6 million to procure advanced
targeting forward-looking infrared (ATFLIR) pods for
the Marine Corps Reserve F/A-18 aircraft; and
(4) a decrease of $23.8 million due to test results
of the advanced tactical airborne reconnaissance system
(ATARS).
The Senate amendment would authorize an increase of $46.0
million to upgrade F/A-18A aircraft with ECP-583.
The conferees agree to authorize an increase of $51.6
million for F-18 modifications, as follows:
(1) $46.0 million for ECP-583 for the Marine Corps
active and reserve components;
(2) $7.0 million for ATFLIR for the Marine Corps
Reserve;
(3) $3.0 million for tactical aircraft moving map
capability (TAMMAC); and
(4) a decrease of $4.4 million for premature ATFLIR
modifications and installation equipment.
AH-1 series modifications
The budget request included $9.8 million for Marine Corps
AH-1 aircraft modifications.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.0
million to procure four night targeting systems (NTS) for
reserve component AH-1 series aircraft.
The conferees agree to authorize an increase of $4.0
million to procure four night targeting systems for AH-1
aircraft.
H-53 series modifications
The budget request included $19.9 million for Marine
Corps H-53 aircraft modification requirements.
The House bill would authorize an increase of $15.0
million for AN/AAQ-29 forward looking infrared (FLIR) system
modifications. Of this amount, $12.4 million would be for
modifying active component H-53 aircraft and $2.6 million would
be for modifying Marine Corps Reserve H-53 aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.8
million, a total authorization of $21.7 million for AN/AAQ-29
FLIR modifications for Marine Corps Reserve aircraft.
H-1 series modifications
The budget request included $2.6 million for Marine Corps
H-1 aircraft requirements.
The House bill would authorize an increase of $17.5
million for the H-1 reclamation and conversion program.
The Senate amendment would authorize an increase of $27.5
million for H-1 aircraft requirements. Of this amount, $10.0
million would be for thermal imaging systems for fielded
aircraft to support flight operations at night and $17.5
million would be for the H-1 reclamation and conversion
program.
The conferees agree to authorize a total of $15.6 million
for H-1 series aircraft requirements. This includes an increase
of $7.0 million for thermal imaging systems and an increase of
$6.0 million for the H-1 reclamation and conversion program.
EP-3 aircraft modifications
The budget request included $25.8 million for
modifications to the EP-3 aircraft.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $25.3
million to reflect funds that were provided for EP-3
modifications to the Department of Defense in the Emergency
Supplemental Act, 2000 (division B of Public Law 106-246), a
total authorization of $533,000.
Overview
The budget request for fiscal year 2001 included an
authorization of $1,434.3 million for Weapons Procurement, Navy
in the Department of Defense.
The House bill would authorize $1,562.3 million.
The Senate amendment would authorize $1,540.0 million.
The conferees recommended an authorization of $1,443.6
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Trident II advance procurement
The budget request included $28.8 million for Trident II
advance procurement.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $19.3
million for Trident II advance procurement, a total
authorization of $9.5 million.
The conferees note that a significant part of the budget
request was for the purchase of missile parts that will not be
needed until the later years of the current Future Years
Defense Program. However, the conferees are aware that the
supplier base for the Trident II ballistic missile program is
rapidly declining and that certain suppliers may no longer be
available in the outyears. Therefore, the conferees direct the
Secretary of the Navy to evaluate the Trident II supplier base
to determine if any additional advance procurement funds are
required in fiscal year 2001. If the Secretary determines that
additional advance procurement funds are necessary during
fiscal year 2001 to purchase parts that will not be available
in subsequent years, the conferees invite the Secretary to seek
a reprogramming for this purpose.
Drones and decoys
The budget request included no funding for drones and
decoys.
The House bill would authorize an increase of $10.0
million for aerial targets for the procurement of improved
tactical air-launched decoys (ITALDs).
The Senate amendment would authorize the budget request.
The conferees agree to authorize $10.0 million in drones
and decoys for the procurement of ITALDs.
Weapons industrial facilities
The budget request included $21.3 million for various
activities at government-owned and contractor-operated weapons
industrial facilities.
The House bill would authorize a decrease of $1.0 million
for weapons industrial facilities.
The Senate amendment would authorize an increase of $7.7
million to accelerate the facilities restoration program at the
Allegany Ballistics Laboratory.
The conferees agree to authorize an increase of $7.7
million for the facilities restoration program at the Allegany
Ballistics Laboratory.
Mark 48 advanced capability torpedo modifications
The budget request included $16.4 million for Mark 48
advanced capability (ADCAP) torpedo modifications.
The House bill would authorize a decrease of $1.0 million
for Mark 48 ADCAP torpedo.
The Senate amendment would authorize an increase of $2.0
million for Mark 48 ADCAP modifications to field improved
capability for littoral operations in the submarine fleet as
soon as possible.
The conferees agree to authorize an increase of $2.0
million for Mark 48 ADCAP modifications.
Close-in weapons system modifications
The budget request included $964,000 for modifications to
the close-in weapons system (CIWS) for surface ships.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $30.0
million for the procurement and modification of CIWS mounts to
the block 1B configuration.
The conferees agree to authorize an increase of $25.0
million for CIWS block 1B modifications.
Gun mount modifications
The budget request included $4.8 million for the
procurement and installation of modifications to surface ship
gun mounts.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $30.0
million for the procurement of modifications to five inch 54
caliber guns for surface ships.
The conferees agree to authorize an increase of $25.0
million for modifications to five inch 54 caliber guns for
surface ships.
Overview
The budget request for fiscal year 2001 included an
authorization of $429.6 million for Ammunition Procurement,
Navy and Marine Corps in the Department of Defense.
The House bill would authorize $481.3 million.
The Senate amendment would authorize $500.7 million.
The conferees recommended an authorization of $487.7
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Overview

The budget request for fiscal year 2001 included an
authorization of $12,296.9 million for Shipbuilding and
Conversion, Navy in the Department of Defense.
The House bill would authorize $11,982.0 million.
The Senate amendment would authorize $12,900.1 million.
The conferees recommended an authorization of $12,826.9
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

DDG-51 destroyers

The budget request included $2.7 billion for the
procurement of three Arleigh Burke-class DDG-51 destroyers.
The House bill and the Senate amendment would authorize
the budget request.
The conferees note recent developments that indicate
basic construction cost growth for DDG-51 destroyers.
Therefore, the conferees agree to authorize a decrease of $10.0
million for the procurement of three DDG-51 destroyers.

LHD-8 advance procurement

The Future Year Defense Program (FYDP) accompanying the
budget request included LHD-8 advance procurement in fiscal
year 2004 and full funding in fiscal year 2005.
The House bill would authorize an increase of $10.0
million for advance procurement of LHD-8.
The Senate amendment would authorize an increase of
$460.0 million to continue the advance procurement and advance
construction of components for the LHD-8 amphibious ship.
The conferees agree to authorize an increase of $460.0
million to continue the advance procurement and advance
construction of components for the LHD-8 amphibious ship.

Ship outfitting

The budget request included $301.1 million for outfitting
new construction ships with initial on board repair parts and
equipage.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to a $10.0 million decrease for ship
outfitting resulting from recent adjustments to the LPD-17
procurement.

Overview

The budget request for fiscal year 2001 included an
authorization of $3,334.6 million for Other Procurement, Navy
in the Department of Defense.
The House bill would authorize $3,432.0 million.
The Senate amendment would authorize $3,378.3 million.
The conferees recommended an authorization of $3,380.7
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Surveillance and security for military sealift ships
The budget request included no funding for thermal
imaging surveillance and security for military sealift ships.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.0
million for thermal imaging surveillance and security
procurement and installation on Military Sealift Command (MSC)
ships.
The conferees agree to authorize an increase of $4.0
million for thermal imaging surveillance and security
procurement and installation on MSC ships.
AN/WSN-7 inertial navigation system
The budget request included $7.3 million for procurement
of AN/WSN-7 ring laser inertial navigation systems.
The House bill would authorize an increase of $12.0
million for AN/WSN-7 navigation sets.
The Senate amendment would authorize an increase of $7.0
million for the procurement and installation of additional AN/
WSN-7 navigation sets.
The conferees agree to authorize an increase of $10.0
million for the procurement and installation of additional AN/
WSN-7 navigation sets.
Integrated condition assessment system
The budget request included $11.3 million for the
integrated condition assessment system (ICAS) for ships. The
ICAS is a system that electronically monitors the operating
parameters of machinery and electronic systems, thus reducing
man-hours spent taking readings on equipment.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0
million for procurement and installation of ICAS equipment for
surface ships.
The conferees agree to authorize an increase of $4.0
million for procurement and installation of ICAS equipment for
surface ships.
AN/SPS-73(V) surface search radar
The budget request included no funding for procurement
and installation of AN/SPS-73(V) surface search radars which
would replace a number of aging radars on surface ships with
one radar.
The House bill would authorize an increase of $14.0
million for the procurement and installation of AN/SPS-73(V)
radars.
The Senate amendment would authorize an increase of $8.0
million for the procurement and installation of AN/SPS-73(V)
radars.
The conferees agree to authorize an increase of $14.0
million for the procurement and installation of AN/SPS-73(V)
radars.
Nuclear attack submarine acoustics
The budget request included $106.6 million for nuclear
attack submarine (SSN) acoustics but included no funding for
the refurbishment and upgrade of TB-23 submarine towed arrays.
The House bill would authorize an increase of $8.0
million to sustain the TB-23 array refurbishment and upgrade
program.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0
million for the TB-23 array refurbishment and upgrades.
Conferees note that the Navy intends to upgrade all
submarine towed acoustics arrays with the TB-29A array
beginning in fiscal year 2002 but at a rate that will require
the TB-23 array to remain in service for at least the next
decade.
Sonar support equipment
The budget request included no funding for sonar support
equipment and included no funding for surface sonar windows and
domes.
The House bill would authorize an increase of $5.0
million in undersea warfare support equipment to complete
development of production tooling and fabrication of the first
production sonar dome with a new material system.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million for completing development and validation of a new
sonar dome material fabrication process including production
tooling and fabrication of the first production sonar dome.
Shipboard indications and warnings exploit
The budget request included $61.5 million for shipboard
equipment to exploit indications and warnings (IW) from sources
outside the ship.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $500,000
for shipboard IW exploit due to recent contract savings.
Side-scanning sonar for forward deployed minesweepers
The budget request included no funding for side-scanning
sonar for forward deployed minesweepers.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0
million for the procurement and installation of a side-scanning
sonar in a forward deployed minesweeper to enhance the ability
to detect and classify bottom mines.
The conferees agree to authorize an increase of $4.0
millionfor the procurement and installation of a commercial
off-the-shelf side-scanning sonar in a forward deployed minesweeper.
Shallow water mine countermeasures
The budget request included $16.9 million for shallow
water mine countermeasures equipment.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $500,000
for shallow water mine countermeasures due to recent contract
savings.
Other training equipment
The budget request included $21.4 million for other
training equipment, including $16.4 million for the procurement
of equipment to support battle force tactical training (BFTT)
programs.
The House bill would authorize an increase of $4.0
million to upgrade the BFTT system in order to provide an air
traffic control (ATC) training capability for aircraft carrier
crews.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.0
million to upgrade the BFTT system for ATC training aboard
aircraft carriers.
Joint tactical terminal
The budget request included $32,000 for program support
for tactical terminals including the joint tactical terminal
(JTT).
The House bill would authorize an increase of $6.0
million for procurement and installation of additional JTT.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0
million for procurement and installation of additional JTT.
Joint engineering data management and information control system
The budget request included no funding for the joint
engineering data management and information control system
(JEDMICS), the designated Department of Defense standard system
for management, control and storage of engineering drawings.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.0
million for procurement, integration and accreditation surveys
to ensure JEDMICS is fully compliant with the joint technical
data environment.
The conferees agree to authorize an increase of $4.0
million for procurement, integration and accreditation surveys
to ensure JEDMICS is fully compliant with the joint technical
data environment.
The conferees note that this system is designed as an
open, client-server architecture and is nearing full deployment
for global access to the data in its repositories. However, the
JEDMICS data available is not fully accessible to all clients
using the joint technical data environment.
Naval shore communications equipment
The budget request included $176.1 million for
procurement and installation of naval shore communications
equipment.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $10.0
million for naval shore communications equipment as a result of
budgeting for redundant systems.
Sonobuoys
The budget request included $49.5 million for the
procurement of sonobuoys, including AN/SSQ-36, AN/SSQ-53E, AN/
SSQ-57, AN/SSQ-62E, AN/SSQ-77, AN/SSQ-101, and Signal
Underwater Sound (SUS) buoys.
The House bill would authorize an increase of $18.0
million to address the sonobuoy shortfall, including $3.0
million for the AN/SSQ-53E, $5.0 million for the AN/SSQ-62E,
and $10.0 million for the AN/SSQ-77.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million for non-beam forming passive sonobuoys and an increase
of $3.0 million for the AN/SSQ-62 (DICASS) sonobuoy.
Weapons range support equipment
The budget request included $15.1 million for weapons
range support equipment, including $2.7 million for procurement
of ten underwater acoustic telemetry modems, $1.2 million for a
Gulf of Mexico portable mine warfare range, and no funding to
procure mobile remote emitter simulator (MRES) systems.
The House bill would authorize an increase of $7.5
million for the procurement and installation of one MRES
system.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $7.5
million for MRES, a decrease of $2.7 million for underwater
acoustic telemetry modems, and a decrease of $1.2 million for
Gulf of Mexico mine warfare range.
Rolling airframe guided missile launcher
The budget request included $37.3 million for procurement
and installation of rolling airframe (RAM) guided missile
launchers.
The House bill and the Senate amendment would authorize
thebudget request.
The conferees agree to authorize a decrease of $500,000
for procurement and installation of RAM launchers as a result
of recent contract savings.
Cruiser smart ship
The budget request included $47.9 million for programs
referred to as ``smart ship'' programs. Of this amount, $22.5
million would be for smart ship equipment procurement and
logistics for Ticonderoga-class cruisers.
The House bill would authorize the budget request.
The Senate bill would authorize a decrease of $17.5
million for procurement of smart ship equipment.
The conferees agree to authorize a decrease of $10.0
million for procurement of smart ship equipment.
NULKA anti-ship missile decoy system
The budget request included $33.8 million for procurement
and installation of the NULKA anti-ship missile decoy program.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.3
million for the procurement of NULKA launcher systems and
decoys to outfit the fleet with this key self-defense equipment
and an increase of $4.3 million in the Navy operations and
maintenance account for critical training on the NULKA system.
The conferees agree to authorize an increase of $4.3
million for the procurement of NULKA launcher systems and
decoys and an increase of $4.3 million in the Navy operations
and maintenance account for critical training on the NULKA
system, a proven decoy for anti-ship missiles.
SSN combat control systems
The budget request included $20.9 million nuclear fast
attack submarine (SSN) combat control systems.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $1.3
million for AN/BSG-1 weapons launching system as a result of an
operational testing delay.
Civil engineering support equipment
The budget request included $10.5 million for light and
medium duty tactical equipment used mostly by the Naval
Construction Force (NCF), Maritime Prepositioning Force (MPF),
Naval Beach Group (NBG), and other special operating units.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $10.0
million for the procurement of civil engineering support
equipment for the NCF.
The conferees agree to authorize an increase of $10.0
million for the procurement of civil engineering support
equipment for the NCF.
Education support equipment
The budget request included $2.1 million for the virtual
recruiting program which utilizes computer-based recruiting
kiosks.
The House bill would authorize an increase of $2.0
million for procurement of 150 armed forces recruiting kiosks.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.0
million for procurement of 150 armed forces recruiting kiosks.
Overview
The budget request for fiscal year 2001 included an
authorization of $1,171.9 million for Marine Corps Procurement,
Navy in the Department of Defense.
The House bill would authorize $1,254.7 million.
The Senate amendment would authorize $1,191.0 million.
The conferees recommended an authorization of $1,212.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Communications and electronic infrastructure support
The budget request included $80.6 million for Marine
Corps communications and electronic infrastructure support
requirements.
The House bill would authorize an increase of $2.0
million for common end-user equipment requirements for the
Marine Corps Reserve in another line.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.0
million for common end-user equipment requirements for the
Marine Corps Reserve, a total authorization of $82.6 million
for communications and electronic infrastructure support.
Night vision equipment
The budget request included $14.4 million for Marine
Corps night vision equipment.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.7
million for improved night/day fire-control observation devices
(INOD) for Marine Corps ground forces and an increase of $2.0
million to procure M203 tilting brackets.
The conferees agree to authorize an increase of $2.0
million for INOD systems to support improvements to Marine
Corps fire control requirements and an increase of $2.0 million
for M203 tilting brackets.
Radio systems
The budget request included $3.1 million for Marine Corps
radio system requirements.
The House bill would authorize an increase of $12.0
million for tactical handheld radios.
The Senate amendment would authorize an increase of $6.4
million for additional enhanced position location reporting
system (EPLRS) equipment.
The conferees agree to authorize an increase of $13.4
million for a total authorization of $16.5 million. Of this
amount, $7.0 million is for tactical handheld radio
requirements and $6.4 million is for EPLRS.
5/4 ton truck high mobility multipurpose wheeled vehicles
The budget request included $124.4 million for Marine
Corps high mobility multipurpose wheeled vehicles (HMMWV).
The House bill would authorize an increase of $23.0
million for HMMWVA2 vehicles.
The Senate amendment would authorize an increase of $2.0
million for additional HMMWV's necessary to field recruiter
vehicle requirements.
The conferees agree to authorize an increase of $15.0
million for HMMWVA2 vehicles for the Marine Corps.
Material handling equipment
The budget request included $36.3 million for material
handling equipment requirements.
The House bill would authorize an increase of $12.1
million for D-7G bulldozer and scraper remanufacture
requirements.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $12.1
million for D-7G bulldozer and scraper remanufacture
requirements.
Overview
The budget request for fiscal year 2001 included an
authorization of $9,539.6 million for Aircraft Procurement, Air
Force in the Department of Defense.
The House bill would authorize $10,267.2 million.
The Senate amendment would authorize $9,966.3 million.
The conferees recommended an authorization of $9,923.9
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

F-16C aircraft
The budget request included no funding for the
procurement of F-16C aircraft.
The House bill would authorize an increase of $51.7
million for the procurement of three block 50/52 F-16C
aircraft, and would require the Department to combine $24.0
million of advance procurement funds appropriated in fiscal
year 2000 for this purpose. The House report accompanying H.R.
4205 (H. Rept. 106-616) directed the Secretary of the Air Force
to assign block 40 or later F-16 aircraft to Air National Guard
fighter units whose capabilities have been downgraded as a
result of the substitution of older block F-16 aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $51.7
million for the procurement of two F-16 block 50/52 aircraft,
recognizing that the fiscal year 2000 funds were rescinded. The
conferees agree to accept the Air Force proposal to upgrade the
capability of Air National Guard fighter units, whose
capabilities have been downgraded, with F-16C block 30 or
better aircraft equipped with advanced targeting pods. The
conferees understand that these advanced targeting pods are
necessary to enable the aircraft to accomplish precision strike
missions. The conferees expect the Air Force will provide an
adequate number of these advanced targeting pods for Air
National Guard units to support peacetime training and, when
tasked, operational deployments.
C-17 aircraft
The budget request included $2.212 billion for the
procurement of 12 C-17 aircraft under a multi-year program.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $41.0
million in response to an Air Force request for transfer to
advance procurement, a total authorization of $2.171 billion.
C-17 advance procurement
The budget request included $266.8 million for advance
procurement for the C-17 multi-year program.
The House bill and the Senate amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $9.0
million, as follows:
(1) an increase of $41.0 million transferred from
the C-17 aircraft program; and
(2) a decrease of $50.0 million due to a revision
of advance procurement funding requirements.
EC-130J aircraft
The budget request included no funding for the
procurement of the EC-130J aircraft.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $90.0
million for the procurement of one EC-130J aircraft.
The conferees agree to authorize $90.0 million for the
procurement of one EC-130J aircraft. The conferees expect the
Department of the Air Force to utilize these funds in the most
effective manner for EC-130 fleet modernization in the event
that EC-130J procurement contract savings for this aircraft
materialize.
B-52 aircraft modifications
The budget request included $8.4 million for
modifications to the B-52 aircraft.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $12.0
million for improved electronic countermeasures.
The conferees agree to authorize an increase of $9.0
million for improved electronic countermeasures for the B-52
aircraft, a total authorization of $17.4 million.
A-10 aircraft integrated flight and fire control computer
The budget request included $33.9 million for
modifications to the A-10 aircraft, but included no funding for
procurement of the integrated flight and fire control computer
(IFFCC).
The House bill would authorize an increase of $6.8
million for IFFCCs and an increase of $8.6 million for
situational awareness data link (SADL) upgrades for Air
National Guard aircraft, a total increase of $15.4 million.
The Senate amendment would authorize an increase of $11.2
million for the procurement of IFFCCs.
The conferees agree to authorize an increase of $6.8
million for A-10 IFFCCs, a total authorization of $40.7
million.
F-15 modifications
The budget request included $258.2 million for F-15
modifications.
The House bill would authorize an increase of $100.0
million for F-15 modifications, as follows:
(1) an increase of $70.0 million for upgrading F-15
engines from the F100-PW-100 to the F100-PW-220E
configuration for the Air National Guard; and
(2) an increase of $30.0 million to integrate the
BOL countermeasure dispenser system on Air National
Guard (ANG)F-15A and F-15B aircraft.
The Senate amendment would authorize an increase of $74.9
million, as follows:
(1) an increase of $48.0 million for additional F-
15 engine upgrades; and
(2) an increase of $26.9 million for the
procurement of BOL systems and countermeasures for the
F-15 aircraft.
The conferees agree to authorize an increase of $52.0
million for F-15 modifications, as follows:
(1) an increase of $36.0 million for F-15 engine
upgrades to the F100-PW-220E configuration;
(2) an increase of $26.4 million for the
procurement of BOL systems and countermeasures for
integration on ANG F-15A and F-15B aircraft; and
(3) a decrease of $10.4 million due to delays and
technical problems with the ALQ-135.
F-16 aircraft modifications
The budget request included $248.8 million for
modifications to the F-16 aircraft.
The House bill would authorize an increase of $49.3
million, for F-16 modifications, as follows:
(1) an increase of $25.0 million to procure
additional F-16 precision targeting pods for the Air
National Guard;
(2) an increase of $12.3 million to accelerate the
procurement of ALE-50 towed decoy pylons; and
(3) an increase of $12.0 million to improve
reliability and reduce costs for the F-16 airborne
video tape recorder.
The Senate amendment would authorize an increase of
$119.5 million for F-16 modifications, as follows:
(1) an increase of $16.5 million for the
procurement of the digital terrain system;
(2) an increase of $34.0 million for the
procurement of precision targeting pods; and
(3) an increase of $69.0 million for the retrofit
of Air National Guard block 42 F-16 aircraft with F100-
PW-229 engines.
The conferees agree to authorize an increase of $56.7
million for F-16 aircraft modifications, as follows:
(1) an increase of $12.0 million for the
procurement of digital terrain systems;
(2) an increase of $48.7 million for the retrofit
of Air National Guard block 42 F-16 aircraft with F100-
PW-229 engines; and
(3) a decrease of $4.0 due to delays with the Joint
Helmet Mounted Cueing System.
Defense airborne reconnaissance program modifications
The budget request included $165.5 million for the
defense airborne reconnaissance program (DARP) for modifying
various reconnaissance aircraft, including the RC-135 and U-2
aircraft.
The House bill would consolidate all RC-135 DARP items in
this funding line, and transfer U-2 DARP items to the DARP
aircraft support equipment funding line. The House bill would
also authorize an increase of $78.2 million for DARP
modifications, as follows:
(1) an increase of $44.0 million to convert two C-
135 aircraft into RC-135 training aircraft
configurations;
(2) an increase of $9.0 million for a motion-
capable operational flight trainer;
(3) an increase of $28.4 million for equipment
associated with meeting the requirements of global air
traffic management (GATM);
(4) an increase of $10.0 million for the theater
airborne warning system (TAWS);
(5) an increase of $5.1 million for RC-135
modifications transferred from the DARP aircraft
support equipment line; and
(6) a decrease of $18.3 million for U-2
modifications transferred to the DARP aircraft support
equipment line for consolidation.
The Senate amendment would authorize an increase of $3.0
million for the procurement of Senior Year electro-optic
reconnaissance system (SYERS) equipment for the U-2 aircraft.
The conferees agree to consolidate all RC-135 aircraft
DARP modifications in this line and transfer U-2 aircraft DARP
modifications to the DARP aircraft support equipment line. The
conferees acknowledge that funds for the RC-135 operational
flight trainer were provided in the Emergency Supplemental Act,
2000 (division B of Public Law 106-246). The conferees agree to
a decrease of $13.2 million for RC-135 DARP for a total
authorization of $152.3 million, as follows:
(1) an increase of $5.1 million for transfer of RC-
135 aircraft DARP modifications from DARP aircraft
support equipment; and
(2) a decrease of $18.3 million for transfer of U-2
aircraft DARP modifications to the DARP aircraft
support equipment DARP line for consolidation.
Other aircraft modifications
The budget request included $28.2 million for other
aircraft modifications.
The House bill would authorize an increase of $7.0
million for light weight environmentally sealed parachute
assemblies and an increase of $20.6 million for the situational
awareness data link (SADL) for Air National Guard (ANG) A-10,
C-130, and C-135aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.5
million for the ANG SADL for A-10, C-130, and C-135 aircraft, a
total authorization of $33.7 million for other aircraft
modifications.
Defense airborne reconnaissance program aircraft support equipment
The budget request included $98.4 million for the defense
airborne reconnaissance program for modifying various
reconnaissance aircraft, including U-2 and RC-135 aircraft.
The House bill would consolidate all U-2 DARP items in
this funding line, and transfer all RC-135 DARP items to the
DARP modification funding line. The House bill would authorize
an increase of $30.2 million for DARP, as follows:
(1) an increase of $3.0 million for the procurement
of additional Senior Year electro-optic reconnaissance
system (SYERS) equipment;
(2) an increase of $4.0 million for procurement of
additional joint signals intelligence avionics family
(JSAF) equipment;
(3) an increase of $10.0 million to convert one U-
2S aircraft to a U-2ST trainer aircraft configuration;
(4) an increase of $18.3 million for U-2 aircraft
DARP modifications transferred from elsewhere,
consisting of increases of $9.9 million for a power
upgrades and $8.4 million for dual data links; and
(5) a decrease of $5.1 million due to the transfer
of RC-135 aircraft modifications to the DARP
modifications funding line.
The Senate amendment would authorize an increase of $8.0
million in DARP aircraft support equipment for JSAF,
specifically the U-2, and an increase of $3.0 million for
SYERS, specifically the U-2 in the DARP modifications line.
The conferees agree to authorize a decrease of $87.3
million in DARP aircraft support equipment, as follows:
(1) an increase of $3.0 million for SYERS
equipment;
(2) an increase of $8.0 million for JSAF;
(3) an increase of $18.3 million for U-2 aircraft
DARP modifications transferred from elsewhere,
consisting of increases of $9.9 million for power
upgrades and $8.4 million for dual data links;
(4) a decrease of $5.1 million for transfer of RC-
135 aircraft modifications to the DARP modifications
line; and
(5) a decrease of $111.6 million for U-2 DARP
modifications. These funds were provided in the
Emergency Supplemental Act, 2000 (division B of Public
Law 106-246). Overview
Overview
The budget request for fiscal year 2001 included an
authorization of $638.8 million for Ammunition Procurement, Air
Force in the Department of Defense.
The House bill would authorize $638.8 million.
The Senate amendment would authorize $666.8 million.
The conferees recommended an authorization of $646.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Overview

The budget request for fiscal year 2001 included an
authorization of $3,061.7 million for Missile Procurement, Air
Force in the Department of Defense.
The House bill would authorize $3,046.7 million.
The Senate amendment would authorize $3,008.0 million.
The conferees recommended an authorization of $2,863.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Overview

The budget request for fiscal year 2001 included an
authorization of $7,699.1 million for Other Procurement, Air
Force in the Department of Defense.
The House bill would authorize $7,869.9 million.
The Senate amendment would authorize $7,717.5 million.
The conferees recommended an authorization of $7,711.6
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Intelligence communications equipment
The budget request included $5.5 million for intelligence
communications equipment.
The House bill would authorize an increase of $5.0
million for Eagle Vision and an increase of $4.0 million for
secure terminal equipment.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $9.0
million in intelligence communications equipment, including an
increase of $5.0 million for Eagle Vision and $4.0 million for
secure terminal equipment, a total authorization of $14.5
million.
Combat training ranges
The budget request included $26.0 million for the
procurement of equipment for combat training ranges, of which
$18.4 million is for advanced threat upgrades.
The House bill would authorize an increase of $1.0
million for the advanced message-oriented data security module
(AMODSM).
The Senate amendment would authorize an increase of $20.0
million to procure additional advanced threat emitters for
combat training ranges.
The conferees agree to authorize an increase of $20.0
million to procure additional advanced threat emitters for
combat training ranges, a total authorization of $46.0 million.
Items less than $5.0 million
The budget request included $6.7 million for the
procurement of items less than $5.0 million.
The House bill would authorize $7.0 million in other
aircraft modifications for the procurement of lightweight
environmentally-sealed parachute assemblies (LESPAs).
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million for the procurement of LESPAs, a total authorization of
$9.7 million.
Overview
The budget request for fiscal year 2001 included an
authorization of $2,275.3 million for Defense-wide Procurement
in the Department of Defense.
The House bill would authorize $2,309.1 million.
The Senate amendment would authorize $2,210.5 million.
The conferees recommended an authorization of $2,278.4
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

MH-60 aerial refueling probes and 200 gallon fuel tanks
The budget request included $68.5 million for
Procurement, Defense-wide, Special Operations Forces (SOF)
rotary wing upgrades, but included no funding to continue the
effort to upgrade the entire MH-60 fleet with aerial refueling
probes and new, internal fuel tanks.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $18.9
million to procure and install the aerial refueling probes and
200 gallon fuel tanks required to complete the upgrade of the
SOF MH-60 fleet.
The conferees agree to authorize an increase of $10.0
million in Procurement, Defense-wide, for SOF rotary wing
upgrades for the purpose of procuring and installing aerial
refueling probes and 200 gallon fuel tanks to continue the
upgrade of the SOF MH-60 fleet.
Special operations forces small arms and support equipment
The budget request included $11.8 million for
Procurement, Defense-wide, Special Operations Forces (SOF)
small arms and support equipment, but included no funding to
continue the procurement of SOF body armor load carriage
systems (BALCS), the modular integrated communications helmet
(MICH), or the SOF peculiar modifications to the M-4 carbine
(SOPMOD).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $21.7
million to procure approximately half of the equipment required
to fully equip all SOF operators.
The conferees agree to authorize an increase of $12.4
million in Procurement, Defense-wide, SOF small arms and
support equipment, including $4.9 million for BALCS, $2.5
million for MICH, and $5.0 million for SOPMOD.

ITEMS OF SPECIAL INTEREST

Air Mobility Command
The conferees are aware that regional commanders in chief
(CINCs) continue to highlight a requirement for improved
strategic lift capabilities, which remains the most compelling
deficiency that our CINCs face in meeting their responsibility
to execute the National Military Strategy. The conferees are
also concerned to note the recent statements that confirm our
total airlift capability is insufficient to execute the
National Military Strategy. The conferees note that the Joint
Chiefs of Staff Mobility Requirements Study of Fiscal Year 2005
(MRS-05) will not take into account certain fact-of-life
changes in airlift requirements, specifically the
transformation by the Army. The conferees direct the Secretary
of the Air Force to deliver an analysis to the congressional
defense committees byMarch 15, 2001. This analysis should use
MRS-05 results and fiscal year 2000 readiness statistics for the C-141,
C-5, and C-17 fleets. The analysis should determine readiness levels
that are required to execute the National Military Strategy, and should
explore alternatives to existing aircraft stationing plans for both
active and reserve component airlift forces that are available to
support existing lift requirements.
Intelligence, surveillance and reconnaissance programs
It is clear to the conferees that the Department of
Defense (DoD) will place increasing reliance upon intelligence,
surveillance and reconnaissance (ISR) programs in future
operations. Experience in supporting DoD operations, including
recent experience in the Balkans, has shown that relatively
small numbers of ISR forces will be in high demand to provide
information superiority. DoD has identified this information
superiority as a ``critical enabler'' in the ongoing
transformation of the Department.
The Department has identified shortages of some of these
``high demand/low density'' assets in various reports. The
conferees are also aware that the Department has conducted and
has underway studies on various pieces of the ISR puzzle, many
at request of Congress.
The various reports of ``lessons learned'' from Kosovo
operations, the fiscal year 2001 budget request, and the
unfunded priority lists for fiscal year 2001 identified some
specific fixes to specific problems. What is less clear is
whether the Department, in view of these ``lessons learned'',
has attempted to provide an overarching vision for ISR forces,
to include sustaining and modernizing the current force, and
improving ISR capabilities in the future.
Therefore, the conferees direct the Secretary of Defense
to provide an analysis concurrent with the submission of the
fiscal year 2002 budget request, that:
(1) evaluates the current ISR capability and
forces;
(2) identifies those ISR capabilities and forces
that need to be sustained and modernized;
(3) enumerates those capabilities that need to be
created or enhanced to ensure that ISR forces can
contribute to achieving the information superiority for
the transformed military forces; and
(4) itemizes how the budget and the Future Years
Defense Program supports these needs.
LPD-17 amphibious ships
The budget request included $1.5 billion for procurement
of two San Antonio-class LPD-17 amphibious ships: LPD-21 and
LPD-22. In addition, the budget request included $20.7 million
for advance procurement for two San Antonio-class LPD-17
amphibious ships.
The House bill and the Senate amendment would authorize
the budget request.
The conferees fully support the LPD-17 program and
recognize the requirement to deliver these ships to the Navy
and Marine Corps as soon as possible to support a key element
of split amphibious ready group operations and the Marine Corps
operational maneuver from the sea (OMFTS) concept.
Concerns regarding LPD-17 first ship design completion
prior to transition to production led to congressional
reassessment of the LPD-17 procurement request. The
reassessment centered on the question of whether delays in the
start of production of the lead ship would translate into
schedule delays for subsequent ships, LPD-21 and LPD-22. This
reassessment, in light of overall national defense budget
realities, led to a shift in appropriations procurement
strategy for LPD-21 and LPD-22.
However, subsequent to passage of the Department of
Defense Appropriations Act for Fiscal Year 2001, the following
significant actions occurred which led authorization conferees
to conduct a further review of the progress of the LPD-17
program:
(1) The Navy commenced full rate construction of the lead
ship, LPD-17, based on an extensive Production Readiness
Review;
(2) Unprecedented levels of design completion were
achieved prior commencing full production of LPD-17; and
(3) The Secretary of the Navy stated that fiscal year
2001 full funding for the LPD-21 and LPD-22 will permit the
Navy to execute construction on schedule due to the achievement
of 75 percent total ship design completion and 95 percent
individual ship unit design completion prior to initial
construction.
Based on this new information regarding significant
program actions, the conferees agree to authorize the budget
request.
The conferees expect the Navy to submit budget requests
that include full funding for future San Antonio-class LPD-17
ships and adequate advance procurement to ensure that
production continues at an efficient level and without
interruption.
The conferees note with concern the adverse impact that
reducing ship procurement has on the requirement for annual
investment of $10.0 to $12.0 billion for ship construction
necessary to maintain a Naval force structure of 300 ships.
Therefore, the conferees support appropriation of additional
procurement funds for LPD-17 in fiscal year 2001 should
additional appropriations for the Department of Defense become
available.
Multipurpose individual munition
The conferees believe the capabilities represented by the
multipurpose individual munition (MPIM) system are critical to
future requirements associated with the national military
strategy. The conferees are concerned with recent actions taken
by the Secretary of the Army to begin termination of the
MPIMprogram after a significant investment and an extensive research
and development effort. The Army has noted that the system has not met
specified weight requirements and has historically suffered from
technical and performance difficulties. While the conferees believe
that most of the technical issues can be resolved, weapon system weight
appears to be the compelling reason for program termination. The
conferees believe, however, in light of the fact there is no other
system in the inventory to fulfill MPIM requirements, no clarity on the
final weight alternatives, and no program exists to meet these
requirements, the Army should not terminate the MPIM program until
these facts are reviewed.
The conferees agree with Army requirements documents that
suggest there are clear and compelling needs to field a system,
such as MPIM, to support soldiers for either combat or
peacekeeping missions. Therefore, the conferees expect the
Secretary of the Army to conduct a final, thorough review of
the status of this program, alternatives to the status quo, and
provide a plan to the congressional defense committees, no
later than January 30, 2001, on how these requirements will be
met as soon as practicable.
Shipbuilding overview
The conferees note that on June 26, 2000, the Secretary
of Defense delivered to Congress the long-range shipbuilding
report required by section 1013 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65).
The conferees agree that the report provides a framework
for discussion of new ship construction plans necessary to
maintain the number of ships required to carry out the national
security strategy through fiscal year 2030. The report of the
Secretary concludes that a steady state building rate of 8.7
ships annually is required to maintain at least 306 ships. The
Secretary's report states that, ``. . . the annual funding
required to sustain the force . . . will require an average of
$14 billion per year.'' The report of the Secretary also
acknowledges the discrepancy between: (1) the requirement to
buy 8.7 new construction ships annually to maintain at least
306 ships; and (2) according to the Secretary's report, ``. . .
the President's Budget for FY 2001-2005 which funds an average
of 7.8 ships.''
The conferees note two deficiencies in the report of the
Secretary. Consistent with the 1999 attack submarine study
developed by the Chairman of the Joint Chiefs of Staff, the
report of the Secretary uses a larger nuclear attack submarine
(SSN) force structure of 55 SSNs, versus the original
Quadrennial Defense Review (QDR) goal of 50 SSNs. However, the
shipbuilding plan in the report does not achieve a force level
of 18 Virginia-class SSNs that the CJCS report states is
required in fiscal year 2015 to counter the technologically
pacing threat. The shipbuilding plan in the report would only
provide 16 Virginia-class submarines by fiscal year 2015.
The second flaw in the report of the Secretary is its
supposition that a delay in required annual investments is
possible due to the size of the fleet and the average age of
the ships in the fleet.
The Secretary's report fails to assess the risks
associated with having to ramp-up to a higher level of
investment later in the planning period. The report discusses
risks associated with deviation from the long-range
shipbuilding plan, but focuses primarily on the shipbuilding
industrial base. There is no discussion of the risks associated
with pursuing the shipbuilding plan's uneven investment
strategy, particularly a plan that defers near-term investment
and requires that the Navy double the annual shipbuilding
procurement rate by fiscal year 2013 just to support the
currently envisioned force structure. Whereas the report
acknowledges that there may be additional future requirements
for ships (i.e., for ballistic missile defense and sea-based
land attack), it does not include an evaluation of the risks of
not including the additional ships in the shipbuilding plan.
The conferees are concerned with the gap between the
requirement stated in the long-range shipbuilding plan and the
ships included in recent budget requests submitted to Congress
by the President. Unfortunately, the Secretary's long-range
shipbuilding report does not provide a clear plan to maintain
the force structure recommended in the report, required to
carry out the national security strategy. The conferees expect
the Secretary of Defense to address these concerns in the
fiscal year 2002 budget request.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Authorization of Appropriations

Authorization of appropriations (secs. 101-106)
The House bill contained provisions (secs. 101-107) that
would authorize the recommended fiscal year 2001 funding levels
for procurement for the Army, Navy, and Marine Corps, Air
Force, Defense-Wide Activities, Defense Inspector General,
Chemical Demilitarization Program, and the Defense Health
Program.
The Senate amendment contained similar provisions.
The conference agreement includes these provisions.

Subtitle B--Army Programs

Multiyear procurement authority (sec. 111)
The House bill contained a provision (sec. 111) that
would authorize the Secretary of the Army to enter into a
multiyear procurement contract for the M2A3 Bradley fighting
vehicle, the UH-60 Blackhawk helicopter, and, acting as
executive agent for the Department of the Navy, the CH-60
Knighthawk helicopter.
The Senate amendment contained a similar provision (sec.
111).
The Senate recedes.
The conferees agree that the Secretary of the Army shall
certify that the M2A3 Bradley fighting vehicle has successfully
completed the initial operational test and evaluation and
milestone III review prior to awarding the multiyear contract.
Increase in limitation on number of bunker defeat munitions that may be
acquired (sec. 112)
The House bill contained a provision (sec. 112) that
would amend section 116 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337) to increase the
quantity of bunker defeat munitions by 2,500 that the Army is
authorized to procure.
The Senate amendment contained no similar provision.
The Senate recedes.
Reports and limitations relating to Army transformation (sec. 113)
The Senate amendment contained a provision (sec. 112)
that would require the Secretary of the Army to provide reports
on the process associated with the development of an objective
force and the fielding of an interim force for the Army
transformation initiative. The provision also required the
Secretary of the Army to conduct a comparative evaluation of
interim armored vehicles (IAV) to be selected for the fielding
of interim brigade combat teams (IBCT) with equipment already
in the Army inventory.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of the Army to conduct an evaluation, as
described in the conference agreement, at a level to be
determined in conjunction with the Director of Operational Test
and Evaluation prior to the obligation of funding for a third
IBCT.
The conferees strongly support efforts designed by the
Chief of Staff of the Army to transform the service into a
lighter, more lethal, and survivable force able to deal
effectively with the wide range of national security challenges
that will face our nation in the 21st Century. The conferees
look forward to receiving a well-defined road map that lays out
the course of the Army transformation initiative through fiscal
year 2012. The conferees continue to be concerned about the
level of funding provided to the Army by the Department of
Defense in support of the transformation initiative. The
conferees do not understand how the Secretary of Defense can
assert his support for the Army initiative while providing
inadequate funding to facilitate the transformation process.
The conferees would expect the evaluation called for in
the conference agreement to illustrate differences in
capabilities that new IAVs may provide when compared to
vehicles the Army currently has fielded. The conferees expect
the Army to provide a plan to conduct a comparative evaluation,
which will be subject to the approval of the Director of
Operational Test and Evaluation prior to execution.
The conferees understand the IBCT force is designed to
operate across the full spectrum of conflict. Current Army
plans call for the first IBCT to be evaluated at the Joint
Readiness Training Center in a range of environments largely
focused on low intensity conflict and peacekeeping. The
conferees believe it is important that the Army also plan and
conduct an operational evaluation of these forces in a high
intensity conflict environment. The Chief of Staff of the Army
has highlighted a critical requirement for a new force that is
able to quickly deploy with greater lethality and survivability
than our light forces possessed during Operation Desert Shield
when the 82nd Airborne Division was quickly deployed in
response to Iraqi forces moving south toward Saudi Arabia. An
operational evaluation of IBCTs in this type of an environment
would facilitate an understanding of the overall capabilities
that these forces possess to meet this type of challenge. The
conferees, therefore, direct the Army to evaluate the
capabilities of IBCTs in a high intensity combat environment
and provide a report on the demonstrated combat capabilities
these forces possess.

Subtitle C--Navy Programs

CVNX-1 nuclear aircraft carrier program (sec. 121)
The budget request included $21.9 million for advance
procurement and advance construction of long lead time
components for CVNX-1.
The Senate amendment contained a provision (sec. 121)
that would authorize the budget request, authorize the
Secretary of the Navy to procure the nuclear aircraft carrier
designated CVNX-1, and to enter into a contract for the advance
procurement and advance construction of that ship.
The House bill contained no similar provision.
The House recedes.
Arleigh Burke class destroyer program (sec. 122)
The House bill contained a provision (sec. 124) that
would authorize an extension of the existing multiyear
procurement contract for the DDG-51 destroyer program through
fiscal year 2005. The provision would also authorize the
procurement ofthree ships per year through fiscal year 2001 and
the procurement of up to three ships per year from fiscal year 2002
through 2005.
The Senate amendment contained a provision (sec. 122)
that would authorize an increase of $143.2 million in advance
procurement for DDG-51. In addition, the provision would
provide the following: (1) authorize the Secretary of the Navy
to extend the 1997 multiyear contract to include the fiscal
year 2004 and fiscal year 2005 DDG-51 procurements; (2) express
the sense of Congress that the most economical rate for
procurement is three ships per year; and (3) direct the
Secretary to update the Arleigh Burke (DDG-51) Class Industrial
Base Study of 1993 and further direct the Comptroller General
to review the update performed by the Secretary.
The House recedes with an amendment that would authorize
an increase of $100.0 million in advance procurement for DDG-
51.
Virginia class submarine program (sec. 123)
The budget request included $1,711.2 million for the
Virginia class submarine program including the procurement of
material in economic order quantities when cost savings are
achievable.
The House bill contained a provision (sec. 122) that
would authorize the Navy to enter into a contract for the
procurement of five Virginia class submarines during fiscal
years 2003 through 2006.
The Senate amendment contained a similar provision (sec.
123) which would authorize the budget request and would require
the Secretary of Defense to submit a fast attack submarine
force structure report to the congressional defense committees.
The House recedes with an amendment that would authorize
$1,706.2 million for Virginia class submarines, including the
procurement of material in economic order quantities when cost
savings are achievable.
Limitation during fiscal year 2001 on changes in submarine force
structure (sec. 124)
The House bill contained a provision (sec. 121) that
would prohibit the retirement of any Los Angeles-class nuclear
powered attack submarine with less than 30 years of active
commissioned service. This provision would also require the
President to report to Congress on the submarine force
structure required to support the national military strategy
and the acquisition and overhaul requirements necessary to
achieve and maintain such a force.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit to
fiscal year 2001 the prohibition on retirement of Los Angeles-
class submarines and would extend the prohibition on fiscal
year 2001 retirements to Ohio-class submarines.
ADC(X) ship program (sec. 125)
The Senate amendment contained a provision (sec. 124)
that would authorize the Secretary of the Navy to procure
ADC(X)-class ships using the contracting authority that is most
cost effective.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Refueling and complex overhaul program of the U.S.S. Dwight D.
Eisenhower (sec. 126)
The budget request included $703.4 million to commence
the overhaul of CVN-69.
The House bill would authorize the budget request.
The Senate amendment contained a provision (sec. 125)
that would authorize the budget request and authorize the
Secretary of the Navy to enter into a contract and commence
overhaul of the U.S.S. Dwight D. Eisenhower (CVN-69) nuclear
aircraft carrier during fiscal year 2001.
The House recedes with an amendment that would authorize
$698.4 million for CVN-69 overhaul.
Analysis of certain shipbuilding programs (sec. 127)
The House bill contained a provision (sec. 125) that
would require an economic analysis of procurement mechanisms
for funding large aviation-capable naval vessels.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would broaden
the reporting requirement to include various vessel classes and
additional considerations other than economic issues in
evaluating funding mechanisms.
Helicopter support of FFG-7 frigates during fiscal year 2001 (sec. 128)
The House bill contained a provision (sec. 123) that
would require the Secretary of the Navy to configure and equip
the Naval Reserve FFG-7 Flight I and II frigates remaining in
active service with the complete organic weapon system for
those vessels as specified in the operational requirements
document of the Navy and to retain operational assets integral
to the FFG-7 weapons system in their current locations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to operate one squadron of SH-2G aircraft in the
Navy in fiscal year 2001. The conferees direct that the Navy
fully man and equip the SH-2G aircraft in a manner consistent
with normal fleet operations.
V-22 cockpit aircraft voice and flight data recorders (sec. 129)
The House bill contained a provision (sec. 1037) that
would require the Secretary of Defense to require all V-22
aircraft to be equipped with state-of-the-art cockpit voice and
flight data recorders.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees recommend that appropriate measures be
taken to ensure that the design, integration, and use of these
recorders take into account the security of potentially
sensitive tactical information.

Subtitle D--Air Force Programs

Annual Report on the B-2 bomber (sec. 131)
The House bill contained a provision (sec. 131) that
would require the Secretary of Defense to provide an annual
report on the operational status and technology insertion plans
for the B-2 bomber and would repeal the requirement for an
annual report on B-2 production contained in section 112 of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189).
The Senate amendment contained a provision (sec. 131)
that would repeal the requirement for an annual report on B-2
production contained in section 112 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991.
The Senate recedes with an amendment that would require
the Secretary of Defense to provide an annual report on: (1)
the capability of the B-2 bomber to carry out assigned
missions; (2) ongoing and planned technology efforts to improve
B-2 capabilities; (3) new technologies to meet any expanded
threats; and (4) a fiscally-phased program for each of these
technology efforts in three funding scenarios. The funding
scenarios include the President's budget, the President's
budget plus funding for the Department of Defense unfunded
priority list, and maximum executable funding consistent with
the need to maintain the B-2 in an operationally ready status.
The provision would also repeal the requirement for an annual
report on B-2 production contained in section 112 of the
National Defense Authorization Act for Fiscal Years 1990 and
1991.
Report on modernization of Air National Guard F-16A units (sec. 132)
The Senate amendment contained a provision (sec. 1070)
that would express the sense of the Senate that certain Air
National Guard units were flying F-16A aircraft without the
upgrades that would allow them to be effectively deployed to
contingency theaters of operation, and that the Air Force
should provide a plan to Congress on how these units could be
modernized.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of the Air Force to submit a report to Congress
on how Air National Guard units flying F-16A aircraft will be
modernized and upgraded.

Subtitle E--Joint Programs

Study of final assembly and checkout alternatives for the joint strike
fighter program (sec. 141)
The House bill contained a provision (sec. 141) that
would require the Secretary of Defense to provide a report on
various production alternatives for the joint strike fighter.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would defer
submission of the report until after the ongoing competition
for the engineering and manufacturing development phase of the
joint strike fighter program is completed.

Subtitle F--Chemical Demilitarization

Pueblo Chemical Depot chemical agent ammunitions destruction
technologies (sec. 151)
The Senate amendment contained a provision (sec. 141)
that would provide for the destruction of the stockpile of
lethal chemical agents at the Pueblo Chemical Depot, Colorado,
either by incineration or by any technology demonstrated by the
Assembled Chemical Weapons Assessment on, or before, May 1,
2000.
The House bill contained no similar provision.
The House recedes.
Report on assessment of need for Federal economic assistance for
communities impacted by chemical demilitarization activities
(sec. 152)
The conferees agree to include a provision that would
direct the Secretary of Defense to submit, by April 1, 2001, a
report to the Armed Services Committees of the Senate and the
House of Representatives on the assessment of the need for
community economic assistance as a result of chemical weapons
stockpile demilitarization activities.
Prohibition against disposal of non-stockpile chemical warfare material
at Anniston chemical stockpile disposal facility (sec. 153)
The conferees note that Section 141 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65) authorized the destruction of non-stockpile chemical
agents, munitions, or related materials specifically designated
by the Secretary of Defense at chemical stockpile disposal
facilities if the states in which those facilities reside have
issued the appropriate permits.
The conferees agree to a provision that would prohibit
use of the chemical stockpile disposal facility at Anniston,
Alabama, for disposal of non-stockpile chemical warfare
material that is not currently stored on the Anniston Army
Depot.

LEGISLATIVE PROVISIONS NOT ADOPTED

AGM-65 modifications
The budget request included $2.0 million to convert 200
AGM-65G missiles to the AGM-65K configuration.
The House bill would authorize an increase of $5.0
million for the conversion to both the AGM-65H and K
configurations, of which some missiles would be procured for
Air National Guard pilot training.
The Senate amendment contained a provision (sec. 132)
that would authorize an increase of $2.1 million for AGM-65
modifications.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $4.0
million for AGM-65 modifications, a total authorization of $6.0
million for the active and reserve components.
Anti-personnel obstacle breaching system
The Senate amendment contained a provision (sec. 127)
that would provide $4.0 million for the procurement of the
anti-personnel obstacle breaching system.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $4.0 million in the
Procurement Marine Corps Ammunition account for the purchase of
the anti-personnel obstacle breaching system.
C-135 modifications
The budget request included $328.2 million for C-135
modifications.
The House bill contained a provision (sec. 132) that
would authorize an increase of $52.0 million for reengining two
KC-135 aircraft for the Air Force Reserve Command. The House
bill would also authorize an increase of $6.0 million for the
situational awareness data link (SADL).
The Senate amendment contained no similar provision, and
would authorize the budget request.
The House recedes on the provision.
The conferees agree to authorize an increase of $52.0
million for reengining two KC-135 aircraft for the Air Force
Reserve Command, a total authorization of $380.2 million for C-
135 modifications.
Integrated bridge system for Naval systems special warfare rigid
inflatable boats and high-speed assault craft
The Senate amendment contained a provision (sec. 142)
that would authorize an increase of $7.0 million in
Procurement, Defense-wide for the purpose of procuring and
installing an integrated bridge system (IBS) for Special
Operations Forces (SOF), Naval special warfare rigid inflatable
boats and high-speed assault craft.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $4.0
million in Procurement, Defense-wide, SOF combatant craft
systems for the procurement and installation of IBS on SOF
combatant watercraft.
Rapid intravenous infusion pumps
The budget request included no funding for rapid
intravenous infusion pumps.
The House bill included an increase of $8.0 million to
procure rapid intravenous infusion pumps.
The Senate amendment contained a provision (sec. 113)
that would authorize an increase of $6.0 million to procure
rapid intravenous infusion pumps.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $5.0
million for rapid intravenous infusion pumps.
Remanufactured AV-8B aircraft
The budget request included $282.1 million for the
procurement of 10 remanufactured AV-8B aircraft.
The House bill would authorize the budget request.
The Senate amendment contained a provision (sec. 126)
that would authorize an increase of $92.0 million for the
procurement of four AV-8B aircraft.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $35.6
million for AV-8B aircraft, as follows:
(1) an increase of $52.0 million for the
procurement of two additional remanufactured AV-8B
aircraft;
(2) a decrease of $12.0 million for non-recurring
cost; and
(3) a decrease of $4.4 million for cost growth in
production engineering support.

Title II--Research, Development, Test, and Evaluation

Research, Development, Test, and Evaluation Overview
The budget request for fiscal year 2001 contained an
authorization of $37,862.4 million for Research and Development
in the Department of Defense.
The House bill would authorize $39,309.2 million.
The Senate amendment would authorize $39,330.8 million.
The conferees recommended an authorization of $38,936.7
million. The conference agreement reflects reductions reflected
in the fiscal year 2001 Department of Defense Appropriations
Act (Public Law 106-259). Unless noted explicitly in the
statement of managers, all changes are made without prejudice.

Overview
The budget request for fiscal year 2001 contained an
authorization of $5,260.3 million for Army, Research and
Development in the Department of Defense.
The House bill would authorize $5,500.2 million.
The Senate amendment would authorize $5,501.4 million.
The conferees recommended an authorization of $5,568.5
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Tactical High Energy Laser
The budget request included no funding to complete
development and testing of the Tactical High Energy Laser
(THEL) program.
The House bill would authorize $5.0 million in PE 63308A
for mobile THEL development.
The Senate amendment would authorize $15.0 million in PE
63308A to support continued THEL testing and deployment
preparation activities.
The conferees agree to authorize $15.0 million in PE
63308A to support continued THEL development and testing.
The conferees note that the current THEL configuration
lacks the mobility to be a truly effective operational system.
Therefore, the conferees agree that, of the funds authorized to
be appropriated for THEL, up to $5.0 million may be made
available to evaluate and develop technologies that would
support eventual development of a mobile THEL system.
Emergency preparedness training
The budget request included no funding in PE 23610A for
domestic preparedness against weapons of mass destruction.
The House bill would authorize an increase of $3.0
million in PE 23610A to continue the development for Selected
Reserve component forces of training programs for response to,
and management of, the consequences of potential terrorism
involving weapons of mass destruction.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million in PE 23610A.
High energy laser research and development
The budget request included no funding in defense-wide
science and technology accounts for high energy laser (HEL)
research and development, no funding in PE 62307A for solid
state laser research, $10.5 million in PE 62605F for solid
state laser research, no funding in the Navy science and
technology accounts for solid state laser research, no funding
in PE 62111N for free electron laser (FEL) research, and $14.5
million in PE 65803A for the High Energy Laser System Test
Facility (HELSTF).
The House bill included approval of the Department of
Defense Laser Master Plan of March 24, 2000, and emphasized
greater attention to, and priority for, HEL research and
development (R&D) investments. Consequently, the House bill
would authorize $10.0 million in PE 61108D and $25.0 million in
PE 62890D8Z for HEL research and development, an increase
of$10.0 million in PE 62307A for solid state laser research, the budget
request in PE 62605F, an increase of $5.0 million in PE 62111N for FEL
development, and an increase of $5.0 million in PE 65803A for research
and development activities at HELSTF.
The Senate bill would authorize the budget request in PE
62307A, the budget request in PE 65803A for HELSTF, an increase
of $5.0 million in PE 62111N for FEL development, the budget
request in PE 62605F, and no funding in defense-wide science
and technology accounts for HEL research and development. As
described elsewhere in this report, the Senate bill also
included approval of the Department of Defense Laser Master
plan.
The conferees agree to authorize $30.0 million in PE
62890D8Z for HEL research and development, the budget request
in PE 62307A, the budget request in PE 62605F, an increase of
$5.0 million in PE 62111N for FEL development, an increase of
$13.0 million in PE 65803A at HELSTF, of which $10.0 million is
for solid state laser research and $3.0 million is for research
and development activity at HELSTF. The conferees, as described
elsewhere in this report, endorse the implementation of the
management plan developed by the Secretary of Defense and
submitted to Congress on March 24, 2000. The conferees continue
to support service management of laser programs, but recognize
the central role of the Office of the Secretary of Defense in
developing and implementing an overall strategy to manage laser
research effectively.
Funding actions related to the Tactical High Energy
Laser, the Airborne Laser, and Space Based Laser are described
elsewhere in this report.
Advanced tank armament system
The budget request included $118.1 million for advanced
tank armament system research and development requirements.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $40.0
million to support Army transformation initiative test and
evaluation requirements.
The conferees agree to authorize an increase of $150.0
million for Army transformation research and development
requirements.
Defense manufacturing technology program
The budget request contained a total of $149.1 million
for the Department of Defense manufacturing technology
(ManTech) program, including $29.3 million in PE 78045A for the
Army ManTech program, $59.6 million in PE 78011N for the Navy
program, $53.1 million in PE 78011F for the Air Force program,
and $7.1 million in PE 78011S for the Defense Logistics
Agency's ManTech program.
The House bill would authorize an increase of $10.0 in PE
78045A for the Army manufacturing technology program, an
increase of 10.0 million for the Navy ManTech program, and an
increase of $4.5 million in PE 78011F in the Air Force program.
The Senate would authorize the budget request.
The conferees agree to authorize an increase of $10.0
million in PE 78045A for the Army ManTech program, an increase
of $10.0 million in PE 78011N for the Navy ManTech program, and
an increase of $3.8 million in PE 78011F for the Air Force
ManTech program, as recommended in the House report
accompanying H.R. 4205 (H. Rept. 106-616).
Section 217 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) established as the overall
purpose of the Department of Defense ManTech program the
development and application of advanced manufacturing
technologies and processes to reduce acquisition and support
costs, and manufacturing and repair cycle times for defense
weapons systems. Section 217 emphasized the program's focus on
the development and application of advanced manufacturing
technology and processes that are essential to national
defense, including repair and re-manufacturing operations, in
support of systems commands, depots, air logistics centers, and
shipyards. Section 217 also required the participation of the
prospective users of the technology in the establishment of
requirements for, and the periodic review of advanced
manufacturing technologies or processes. Finally, Section 217
also included the requirement for an assessment of program
effectiveness, cost sharing, and technology and process
implementation plans in the annual update of the program's
five-year plan. In the statement of managers accompanying the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (H. Rept. 105-736), the conferees expressed the
expectation that additional funds provided for the
manufacturing technology program would be awarded using
competitive procedures established by the military departments
for their respective manufacturing technology programs.
The conferees direct the Comptroller General to conduct
an assessment of the implementation of the manufacturing
technology program within the Department of Defense with regard
to the achievement of the goals established for the program and
execution of the program in accordance with the provisions of
the public law and the intent of Congress, as stated in the
statement of manager's language with regard to competitive
award procedures. The conferees direct the Comptroller General
to submit the results of that assessment to the congressional
defense committees by March 31, 2001.
Overview
The budget request for fiscal year 2001 contained an
authorization of $8,476.7 million for Navy, Research and
Development in the Department of Defense.
The House bill would authorize $8,834.5 million.
The Senate amendment would authorize $8,665.9 million.
The conferees recommended an authorization of $8,715.3
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Biodegradable polymers
The budget request included no funding for biodegradable
polymers (PE 62121N).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $1.25
million in PE 62121N to aid in the development of polymer
membrane methods for treating graywater (kitchen, shower, and
cleaning solution), blackwater (sewage), and bilge water (oily
contaminants) to acceptable levels prior to shipboard release.
The conferees agree to authorize an increase of $1.25
million in PE 62121N for biodegradable polymers.
Torpedoes and unmanned undersea vehicles
The budget request included $35.0 million in PE 62633N
for undersea warfare weapons technology development.
The House bill and the Senate amendment would authorize
the budget request for improvements to torpedoes and unmanned
undersea vehicles.
The conferees agree to an increase of $2.0 million in PE
62633N for development of improvements for current and future
torpedoes and unmanned undersea vehicles.
DP-2 thrust vectoring system proof-of-concept demonstration
The budget request included $39.7 million in PE 63217N
for air systems and weapons advanced technology development and
$9.0 million for NATO research and development. The budget
request did not include funds for continuation of the DP-2
thrust vectoring system proof-of-concept demonstration. The
budget request did include $6.4 million for the vectoring
extremely short takeoff and landing (ESTOL) control tailless
operation research (VECTOR) program, an international
cooperative research program between the United States and the
Federal Republic of Germany, as follows: $4.1 million in PE
63217N and $2.3 million in PE 63790N.
The House bill would authorize an increase of $9.5
million in PE 63217N to continue the DP-2 development program
leading to a proof-of-concept demonstration of a one-half scale
flight test vehicle.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.5
million for DP-2 demonstration in PE 63790N.
The conferees direct the Secretary of the Navy to provide
an assessment of the program progress, plans and funding
requirements for completion of the flight-test demonstration to
the congressional defense committees with the submission of the
fiscal year 2002 budget request.
The conferees are aware that a funding shortfall has
developed in the VECTOR program. Given the cooperative nature
of this program, along with the substantial benefits to future
carrier aviation development, the conferees urge the Secretary
of the Navy to review the program funding deficiencies and, if
necessary, request a reprogramming action.
Virtual test bed for reconfigurable ship
The budget request included no funding for a virtual test
bed for a reconfigurable ship.
The House bill would authorize an increase of $3.0
million in PE 63508N for a virtual test bed for advanced
electrical ship systems.
The Senate amendment would authorize an increase of $2.0
million in PE 63508N for a virtual test bed for a
reconfigurable ship.
The conferees agree to authorize an increase of $2.0
million in PE 63508N for a virtual test bed for a
reconfigurable ship, as recommended in the House report
accompanying H.R. 4205 (H. Rept. 106-616) and the Senate report
accompanying S. 2549 (S. Rept. 106-292).
Fleet health technology and occupational lung disease
The budget request included $10.1 million in PE 63706N
for medical development, including $4.8 million for the fleet
health technology program.
The House bill would authorize an increase of $3.0
million in PE 63706N, including $500,000 to establish an
occupational lung disease assessment program to determine if
the incidence of sarcoidosis among naval personnel could be
attributable to service aboard Navy ships. The House bill also
noted and expressed concern about the reduction in the
Department of the Navy's fleet health technology program from
previous years' funding levels and in the priority given to the
medical and occupational health and safety of Navy and Marine
Corps personnel.
The Senate amendment would authorize the budget request.
The conferees note that recent developments of immune
therapies by investigators at the Naval Medical Research Center
have been shown to prevent the rejection of transplants without
the need for continuous immunosuppressive drugs. The ability to
transplant massive tissue segments without rejection could
revolutionize the treatment of combat casualties who suffer
significant tissue loss or organ damage from blast, missile
fragments, or burns. Results obtained from testing in the
laboratory show promise and the Chief of Naval Research has
initiated a program to capitalize on these newly developed
methods of treatment. The conferees believe that the further
development of these therapies and confirmation of these
therapies in definitive clinical trials could have profound
effects upon the treatment of combat casualties and of
civilians with organ failure.
The conferees agree to authorize an increase of $3.0
million in PE 63706N for fleet health technology for the Navy's
program for the development of new immune strategies and
procedures for tissue transplantation for the treatment of
combat casualties with massive tissue loss.
The conferees also agree to authorize an increase of
$500,000 in PE 63738D for the conduct of the occupational lung
disease assessment as discussed in the House report
accompanying H.R. 4205 (H. Rept. 106-616).
Common towed array
The budget request included $113.3 million in PE 63561N
for advanced submarine systems development, including $4.5
million for the development of advanced towed array technology
for submarines and surface ships.
The House bill would authorize an increase of $10.2
million in PE 63561N to accelerate the development and
demonstration of advanced towed array systems for surface ships
and submarines. The House report accompanying H.R. 4205 (H.
Rept. 106-616) indicated that these additional funds were to be
particularly focused on developing multiple-line and fiber
optic affordable towed array technology that could result in
high gain, volumetric towed arrays with significantly improved
sonar system performance for both submarines and surface
vessels.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0
million in PE 63561N to accelerate the development and
demonstration of advanced towed array systems for surface ships
and submarines. The conferees agree that these funds are not
being designated for a specific program effort or contractor
program, but that the Navy should use the additional funds to
continue the efforts as described in the House report
accompanying H.R. 4205 (H. Rept. 106-616).
Advanced land attack missile
The budget request included $19.8 million for research
and development of the advanced land attack missile (ALAM) in
PE 63795N.
The House bill and the Senate amendment would authorize
the budget request.
The conferees note that the House report accompanying
H.R. 1401 (H. Rept. 106-162) directed the Secretary of the Navy
to report to the congressional defense committees the program
plan and funding requirements for development of an advanced
land attack missile (ALAM) system for the DD-21 land attack
destroyer and other Naval combatants with the submission of the
fiscal year 2001 budget request. The conferees also note the
letter from the Under Secretary of Defense (Acquisition and
Technology) to the Chairman, House Armed Services Committee,
dated August 25, 1999, which stated that the Navy would pursue
a multi-team industry competition for development of ALAM, and
the Milestone 0 Acquisition Decision Memorandum, dated February
22, 2000, that designated the ALAM as a major defense
acquisition program. The conferees further note that the Navy's
ALAM program plan and funding included in the fiscal year 2001
budget request provide for completion of an ALAM analysis of
alternatives and entry into the program risk and reduction
phase in fiscal year 2001, competition and early prototyping by
three to four contractors leading to an ALAM down-select/``fly-
off'' by the end of fiscal year 2003, engineering and
manufacturing development, initial procurement, and delivery of
the ALAM system to the fleet in early fiscal year 2009 for the
DD-21 Zumwalt-class destroyer.
The conferees agree to authorize a decrease of $10.8
million in PE 63795N for ALAM based on information made
available to the conferees subsequent to passage of the House
bill and the Senate amendment. The conferees place a high
priority on completing the analysis of alternatives to
determine the appropriate course of action for providing Naval
fire support. The conferees direct the Secretary of the Navy to
report to the congressional defense committees concurrent with
the submission of the fiscal year 2002 budget request on
recommended revisions to the ALAM program plan and the funding
required to deploy a system as soon as technically feasible.
Joint strike fighter
The budget request included $131.6 million in PE 63800N
and $129.5 million in PE 63800F to complete the demonstration
and validation (DEMVAL) phase for the joint strike fighter
(JSF) program. The budget request also included $296.0 million
in PE 64800N and $299.5 million in PE 64800F to initiate the
engineering and manufacturing development (EMD) phase for the
JSF.
The House bill would authorize the budget request and
contained several provisions related to JSF discussed elsewhere
in this conference agreement.
The Senate amendment would authorize an increase of
$212.1 million in PE 63800N and an increase of $212.1 million
in PE 63800F to extend the DEMVAL phase. The Senate amendment
would also authorize a decrease of all funding requested for
the EMD phase, $296.0 million in PE 64800N and $299.5 million
in PE 64800F, due to slips in program schedule. The Senate
amendment contained a JSF provision discussed elsewhere in this
conference agreement.
The conferees agree to authorize an overall decrease of
$168.0 million in the JSF program, as follows:
(1) an increase of $111.5 million in PE 63800N;
(2) an increase of $113.5 million in PE 63800F;
(3) a decrease of $194.7 million in PE 64800N; and
(4) a decrease of $198.3 million in PE 64800F.
The conferees remain concerned about the readiness of the
JSF program to enter the EMD phase, and note that
significantdelays in the schedule, particularly the flight program for
the short take-off, vertical landing (STOVL) variant of the JSF,
further increase the technical risk for entry into the EMD phase. A JSF
provision discussed elsewhere in this conference agreement addresses
conferee concerns surrounding the technical risk of premature entry
into EMD.
The conferees are also concerned about the apparent
pattern of additional contractor funding required to sustain
the current DEMVAL activities of the program. Since the JSF
program is potentially one of the largest acquisition programs
in the Department of Defense, both competing contractors in
this winner-take-all competition realize the significance of
winner selection. However, the conferees are opposed to the
requirement for industry to make additional, unreimbursed
investments in the JSF program beyond existing contractual
agreements. The conferees view the additional DEMVAL funding as
necessary to provide for the execution of those projects
presented in the budget request on the extended schedule. The
conferees expect that risk mitigation projects, including the
alternate engine, will be funded to the levels presented in the
budget request.
Nonlethal research and technologies
The budget request included no funding for nonlethal
research and technologies in PE 63851M.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $8.0
million for nonlethal research and technologies in PE 63851M.
The conferees agree to authorize an increase of $4.0
million in PE 63851M. Of the increased amount, $2.0 million
will be used to develop a program in nonlethal environmental
effects and remediation as recommended in the Senate report
accompanying S. 2549 (S. Rept. 106-292).
Power node control centers
The budget request included no funding for power node
control centers (PNCC) for integrating shipboard power
functions such as switching, conversion, distribution, and
system operation and protection.
The House bill would authorize an increase of $3.0
million in PE 63508N for PNCC.
The Senate amendment would authorize an increase of $3.0
million in PE 64300N for PNCC.
The conferees agree to authorize an increase of $3.0
million in PE 64300N for PNCC.
Advanced food service technology
The budget request included no funding for research and
development of technologies that could lead to manpower
reductions resulting from altering food service operations on
ships.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.0
million in PE 64300N for advanced food service technology
testing.
The conferees agree to authorize an increase of $2.0
million in PE 64307N for advanced food service technology
testing.
F-14 tactical reconnaissance
The budget request included $1.2 million for operational
systems development of the F-14 aircraft.
The House bill would authorize an increase of $7.0
million in aircraft procurement for the integration and
demonstration of a commercial synthetic aperture radar (SAR) in
the F-14 tactical airborne reconnaissance pod system (TARPS).
This demonstration was intended to mitigate the risk associated
with the development of a SAR capability for the shared
airborne reconnaissance program (SHARP).
The Senate amendment would authorize an increase of $9.0
million in PE 25667N for a similar purpose.
The conferees agree to authorize an increase of $9.0
million in PE 25677N to demonstrate the military utility of a
tactical SAR reconnaissance capability by modifying and
integrating non-developmental SAR technology into the F-14
TARPS.
The conferees note that this effort is specifically
intended to mitigate the risk associated with providing an all-
weather capability for SHARP. The conferees agree that these
funds are not being designated for a specific contractor's
program. The conferees also agree that, if the technology
proves attractive during the risk mitigation program, the Navy
should select SAR technology for the SHARP application using
appropriate competitive procedures.
Marine Corps ground combat/supporting arms systems
The budget request included $22.1 million for Marine
Corps ground combat and supporting arms systems research and
development requirements.
The House bill would authorize an increase of $17.3
million in PE 63635M to support efforts by the Marine Corps to
evaluate the potential that the high mobility artillery rocket
system (HIMARS) might have to meet critical Marine Corps fire
support requirements.
The Senate amendment would authorize an identical
increase.
The conferees agree to authorize an increase of $17.3
million in PE 26623M to support Marine Corps plans to evaluate
the ability of HIMARS to address deficiencies in organic fire
support for Marine Corps forces ashore.
Tactical unmanned aerial vehicles
The budget request included $113.1 million for tactical
unmanned aerial vehicles (TUAVs).
The House bill would authorize an increase of $1.0
million for the joint operational test bed (JOTB), and an
increase of $7.0 million for TUAV multi-function, self-aligned
gate array (MSAG) technology.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.0
million for the JOTB and an increase of $7.0 million for TUAV
MSAG technology, a total authorization of $121.1 million in PE
35204N.
The conferees note that the Joint Forces Command is
tasked with ensuring interoperability among military forces.
The conferees are aware that the Joint Requirements Oversight
Council endorsed the tactical control system (TCS) to provide
this interoperability among unmmanned aerial vehicles (UAVs),
and that the Joint Forces Command has recently established the
JOTB to develop this capability, using a TCS and two Predator
UAVs. The conferees strongly support UAV interoperability, the
establishment of the JOTB, and the use of TCS and Predator UAVs
to achieve this goal.
The conferees are also encouraged by results of MSAG
antenna technology testing, and reaffirm their support for the
ongoing MSAG advanced concept technology demonstration (ACTD).
The JROC approved this ACTD based on the recommendation of the
operational commanders in chief, who rated the MSAG effort
number one of twelve candidates. The conferees are aware that
the Navy may consider withdrawing its sponsorship of the ACTD.
The conferees believe that the MSAG ACTD program should move
forward. The conferees direct the Secretary of Defense to
ensure that no change in the ACTD content or schedule will be
effected by a change in sponsorship of the program.
Overview
The budget request for fiscal year 2001 contained an
authorization of $13,685.6 million for Air Force, Research and
Development in the Department of Defense.
The House bill would authorize $13,677.1 million.
The Senate amendment would authorize $13,897.3 million.
The conferees recommended an authorization of $13,779.1
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

XSS-10 micro-satellite technology demonstration
The budget request included no funding to complete and
launch the XSS-10 micro-satellite technology demonstration.
The House bill would authorize the budget request.
The Senate amendment would authorize $12.0 million in PE
63401F to complete, launch, and operate the XSS-10 technology
demonstration satellite.
The conferees agree to authorize $8.0 million in PE
62602F to complete the XSS-10 technology demonstration
satellite. The conferees are aware that additional funds may be
required to fully fund the launch and operation of the XSS-10.
Therefore, the conferees direct the Secretary of the Air Force
to reallocate the funds to complete the XSS-10 satellite and
support its launch and operation from within funds authorized
to be appropriated in PE 62601F and PE 63401F, as necessary.
Specialty aerospace metals
The budget request included $72.8 million for PE 62102F
for applied research, $21.7 million in PE 63112F for advanced
development of materials technologies for aerospace systems,
and $53.1 million in PE 78011F for the Air Force's
manufacturing technology program. The budget request included
$57.7 million in 62601F for space technology.
The House bill would authorize a total increase of $15.0
million as follows: $5.25 million in PE 62102F; $5.25 million
in PE 63112F; and $4.5 million in PE 78011F to establish an
integrated program for the development and demonstration of
special aerospace materials and materials manufacturing
processes. The House bill would also encourage the Secretary of
the Air Force to establish a continuing program for special
aerospace metals and alloys as an integral part of the Air
Force's science and technology and manufacturing technology
programs.
The Senate amendment would authorize an increase of $3.0
million in PE 62601F for the aluminum aerostructures
initiative.
The conferees agree to authorize an increase of $1.8
million in PE 62601F for the aluminum aerostructures and an
increase of $12.8 million for aerospace specialty metals, of
which $1.2 million would be used for the aluminum
aerostructures initiative. The $12.8 million would be
distributed as follows: $4.5 million in PE 62102F; $4.5 million
in PE 63112F; and, $3.8 million in PE 78011F.
The conferees note the continuing need for advances in
special aerospace metals and metal alloys for aircraft and
space vehicle structures, propulsion, components, and weapon
systems. Both the Navy and the Air Force are seeking access to
materials that are lightweight, high strength, high
performance, andcapable of withstanding the stressing
environments that are experienced by aerospace systems, and for the
development and optimization of manufacturing processes for these
materials. The conferees support the Air Force's efforts to develop and
demonstrate a methodology for producing advanced aluminum
aerostructures generating improved affordability, maintainability, and
enhanced performance of current and future Air Force systems within the
Advanced Aluminum Aerostructures initiative.
The conferees request that the Secretary of the Air Force
assess requirements for advanced special aerospace metals and
alloys and to report to the congressional defense committees on
the plan for meeting those requirements with the submission of
the fiscal year 2002 budget request.
Space-based radar
The budget request included $129.0 million for the
Discoverer II space-based radar (SBR) program.
The House bill would authorize the budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $30.0 million for
continued SBR risk reduction and technology development.
The conferees strongly support an effort to develop the
technologies and operational concepts that could enable
deployment of an SBR system to perform ground moving target
indications (GMTI), digital terrain elevation data (DTED)
collection, and synthetic aperture radar (SAR) imaging. The
conferees believe that such a system may offer a cost-effective
way to provide valuable new technical capabilities while
complementing, and perhaps replacing, the capabilities of other
existing systems. The conferees believe that the Secretary of
Defense should evaluate options for eventual development and
deployment of an operational SBR system. In addition, the
conferees believe that the Air Force, U.S. Space Command, the
Defense Advanced Research Projects Agency, and the National
Reconnaissance Office should continue to work together to
mature the necessary technologies, conduct an analysis of
alternatives, and develop operational concepts to provide
better information for this evaluation and to support a
potential deployment.
Therefore, the conferees direct the Secretary of Defense
to prepare an SBR roadmap to guide this overall effort. The
roadmap should address several concerns: (1) the operational
requirements for space-based GMTI, DTED, and SAR capabilities;
(2) the relationship of an SBR system to other current and
planned air and space-based assets that might provide such
capabilities; (3) the technologies needed to enable an
affordable and operationally effective SBR system; and (4) if a
requirement for an SBR system is established, whether a space-
based technology demonstrator would be cost-beneficial prior to
an SBR system acquisition. The conferees direct the Secretary
to submit a report to the congressional defense committees on
the SBR roadmap by May 1, 2001.
Space maneuver vehicle
The budget request included no funding for the Space
Maneuver Vehicle (SMV).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $15.0
million in PE 63401F for the SMV program.
The conferees agree to authorize an increase of $6.5
million in PE 63401F for acquisition of the ``second tail
number'' X-40B demonstrator.
The conferees note that SMV development has been funded
through congressional increases and are disappointed at the
failure of the Secretary of the Air Force to request funding or
provide efficient management for this program, notwithstanding
repeated statements by Air Force and U.S. Space Command leaders
indicating the importance of this program. The conferees urge
the Air Force to request funding in future budget requests to
support expeditious development.
The conferees also note that the full benefit of the
Military Spaceplane concept, including the SMV, will not be
realized without a low-cost reusable lower stage booster. The
conferees direct the Secretary of the Air Force to provide a
report to the congressional defense committees by April 1,
2001, on concepts, critical development paths, and applications
for such a booster, and how it could fit into an overall
Military Spaceplane system.
Space Based Laser program
The budget request included $137.7 million for the Space
Based Laser (SBL) program, $63.2 million in the Air Force
budget and $74.5 million in the Ballistic Missile Defense
Organization budget.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $30.0
million in PE 63876F to support acceleration of the SBL
Integrated Flight Experiment (IFX) and the SBL integrated test
facility.
The conferees agree to authorize an increase of $10.0
million in PE 63876F to support acceleration of the IFX and the
integrated test facility.
Electronic warfare development
The budget request included $58.2 million in PE 64270F
for electronic warfare development.
The House bill would authorize an increase of $17.7
million in PE 64270F to continue development of the precision
location and identification (PLAID) program, and an increase of
$7.0 million in PE 64270F to increase the suitability of the
miniature air-launched decoy (MALD) for operational use.
The Senate amendment contained a provision (sec. 226)
that would authorize an increase of $8.0 million in PE 64270F
for continued development of PLAID.
The Senate recedes on the provision.
The conferees agree to authorize a decrease of $8.6
million in PE 64270F, a total authorization of $49.6 million in
electronic warfare development, as follows:
(1) an increase of $10.0 million for PLAID;
(2) an increase of $1.2 million for MALD; and
(3) a decrease of $19.8 million to reflect
reapplication of prior year funds available due to Air
Force withdrawal from the common missile warning system
(CMWS) program.
Satellite control network
The budget request included $58.6 million in PE 35110F
for satellite control network research and development.
The House bill would authorize the budget request and
would require that $1.5 million be used for the Space Battlelab
to evaluate the utility of commercial antenna networks for
satellite control.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request
without the restriction contained in the House bill.
The conferees direct the Secretary of the Air Force to
conduct an evaluation of commercial technologies and services
relevant to modernization of the satellite control network. The
conferees believe that commercial technology may offer
significant possibilities for modernizing the network,
including its antennas, in a cost effective manner. The
conferees direct the Secretary of the Air Force to submit a
report on his evaluation to the congressional defense
committees by April 1, 2001.
Manned reconnaissance systems
The budget request included no funding in PE 35207F for
manned reconnaissance systems.
The House bill would authorize an increase of $2.0
million to complete a multi-link antenna system demonstration
program on RC-135 aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $9.5
million to demonstrate the potential to integrate the data from
an offboard intelligence sensor controlled by RC-135 Combat
Sent aircraft into the Combat Sent processing system. This
concept would involve adapting the expeditionary common
automatic recovery system (ECARS) to control and precisely
position the offboard platform to technically extend the reach
of the Combat Sent aircraft into denied areas during a
conflict. This concept would also provide for the safe,
unassisted recovery of the offboard sensor. Since this data can
be critical to responding to emerging threats during high
intensity operations, the conferees believe that this effort
should be supported.
Overview
The budget request for fiscal year 2001 contained an
authorization of $10,238.2 million for Defense-Wide, Research
and Development in the Department of Defense.
The House bill would authorize $11,077.8 million.
The Senate amendment would authorize $11,043.1 million.
The conferees recommended an authorization of $10,681.7
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.

Chemical and Biological Defense Program
The budget request included $835.8 million for the
Chemical and Biological Defense Program (CBDP), including
$473.9 million for procurement and $361.9 million for research
and development.
The House bill would authorize an increase of $4.5
million in PE 61384BP, including $3.0 million for chemical and
biological defense basic research and $1.5 million for chemical
agent detection via optical computing; and $5.0 million in PE
62384BP for chemical and biological defense applied research.
The Senate amendment would authorize increases for the
following chemical and biological defense program activities:
$2.0 million for chemical agent detection via optical computing
and $3.0 million for thin film technology in PE 61384BP; $8.0
million to accelerate development of a light-weight, man
portable hybrid sensor using thin film technology in PE
62384BP; $2.7 million for the chemical-biological individual
sampler, $6.4 million for the consequence management
information system, $3.5 million for the evaluation of advanced
materials that contain reactive technologies to be added to
textiles for protection against chemical and biological warfare
agents, and $8.5 million for the Small Unit Biological Detector
in PE 63384BP; $2.1 million for a next generation anthrax
vaccine in PE 64384BP; $2.5 million for the procurement of
thirteen enhanced nuclear, biological, and chemical (NBC) kits;
and $1.8 million for the procurement of equipment in support of
Weapons of Mass Destruction, Civil Support Teams (WMD-CST).
The conferees agree to authorize an increase for the
following chemical and biological defense program activities:
$6.7 million in PE 61384BP for chemical and biological defense
basic research, including $3.0 million for chemical and
biological defense, $2.0 million for chemical agent detection
via optical computing, and $1.7 million for thin film
technology in PE 61384BP; $4.8 million in PE 62384BP for a
hybrid sensor suite using thin film technology; and $9.55
million in PE 63384BP, including $2.0 million for the chemical
and biological individual sampler, $4.0 million for the
consequence management information system, $2.8 million for
evaluation of advanced materials containing reactive materials
that may be added to textiles for protection against chemical
and biological warfare agents, $750,000 for the small unit
biological detector, and $1.0 million for second generation
anthrax vaccine development. The conferees also agree to
authorize increases of $2.5 million for procurement of NBC
Defense Enhancement kits for Marine Expeditionary Units and
$900,000 for procurement of equipment for Weapons of Mass
Destruction, Civil Support Teams.
The conferees support initiatives for research,
development, and demonstration of advanced chemical and
biological defense technologies and systems. The conferees
note, however, the growing tendency to fund individual chemical
and biological defense projects directly within the budget
accounts of the military services. The conferees emphasize that
this practice violates the intent and purpose of Congress in
establishing the consolidated chemical and biological defense
program. The conferees direct the Under Secretary of Defense
(Acquisition, Technology, and Logistics) to ensure that such
initiatives compete for funding within the appropriate program
elements of the joint chemical and biological defense program
and the Defense Advanced Research Projects Agency's biological
defense program on the basis of technical merit and the
anticipated ability of the technology or system to meet joint
and service unique needs.
Nuclear sustainment and counterproliferation technologies
The budget request included $230.9 million in PE 62715BR
for nuclear sustainment and counterproliferation technologies,
including $60.7 million for weapons effects technologies.
The House bill would authorize an increase of $3.0
million for thermionics for space powered systems and a
decrease of $20.0 million to adjust for program growth in PE
62715BR.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.5
million for thermionics for space powered systems and a
decrease of $21.0 million to adjust for program growth in PE
62715BR.
The conferees note that partnerships between
universities, government laboratories, and industry accelerate
the testing, development, and fielding of blast mitigation
technologies for protection of U.S. missions and military
installations abroad. The conferees strongly support such
partnerships and encourage the Defense Threat Reduction Agency
to continue to provide funding for this important initiative.
Blast mitigation testing
The budget request included $10.0 million in PE 63122D
for blast mitigation testing.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $3.0
million in PE 63122D for blast mitigation testing.
The conferees agree to authorize an increase of $3.0
million in PE 63122D to accelerate the testing and
certification of blast mitigation effects technology.
The conferees note these funds would allow the Department
of Defense to accelerate the testing and analysis of building
components and improve building design standards and guidelines
for use in new construction applications.
Chemical and biological detectors
The budget request included $300,000 in PE 63122D to
continue to develop aerogel and fiber optic based technologies
for chemical and biological collector and detector prototypes.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0
million in PE 63122D for aerogel and fiber optic based
technologies for chemical and biological collector and detector
prototypes.
The conferees agree to authorize an increase of $3.0
million in PE 63122D for aerogel and fiber optic based
technologies for chemical and biological collector and detector
prototypes.
Facial recognition access control technology
The budget request included no funding in PE 63122D for
facial recognition access control technology.
The House bill would authorize an increase of $4.0
million in PE 63122D for facial recognition access control
technology.
The Senate amendment would authorize an increase of $2.0
million in PE 63122D for facial recognition access control
technology.
The conferees agree to authorize an increase of $2.0
million in PE 63122D for facial recognition access control
technology.
The conferees note these funds will be used to further
the efforts of the Department of Defense to develop, test and
evaluate this surveillance, identification, and access control
technology, and allow prototype development and testing.
Technologies for detection and transport of pollutants attributable to
live-fire activities
The budget request included $9.0 million for research,
development, testing, and evaluation (RDT&E) related to the
environmental remediation of unexploded ordnance (UXO), $5.0
million in PE 63716D for development of UXO technology through
the Strategic Environmental Research and Development Program
(SERDP) and $4.0 million in PE 63851D for demonstration/
validation through the Environmental Security Technology
Certification Program (ESTCP).
The House bill would authorize $3.0 million within SERDP
for the Texas Regional Institute for Environmental Studies
(TRIES).
The Senate amendment contained a provision (sec. 222)
that would authorize an increase of $5.0 million in SERDP (PE
63716D) for the development of technologies to map the presence
and transport of constituents related to live-fire activities.
The Senate amendment would also authorize an increase of $10.0
million in ESTCP (PE 63851D) for demonstration/validation of
UXO remediation technology.
The Senate recedes on the provision.
The conferees agree to authorize $2.0 million within
SERDP (PE 63716D) for TRIES. The conferees also agree to
authorize an increase of $4.0 million for ESTCP (PE 63851D) and
$4.0 million for SERDP (PE 63716D) to conduct RDT&E activities
that will begin to address the full range of issues associated
with the detection and remediation of constituents attributable
to military live-fire training activities that impact a variety
of hydrogeological areas.
The Department of Defense (DOD) has informed the
conferees that its potential liability for remediation of
unexploded ordnance may exceed $100.0 billion. It is evident to
the conferees that increased emphasis in this area is
essential.
Specifically, the conferees expect that the increased
funding will be used for the research, development, and
demonstration/validation of viable, cost effective technologies
to detect, analyze, and map the presence and transport of live-
fire constituents. Demonstration/validation of these
technologies shall to the extent practicable be conducted at
sites where detection and possible remediation of live-fire
constituents is underway. Such efforts will help the military
departments meet the extraordinary environmental detection and
remediation challenges at active, inactive, closed,
transferred, and transferring ranges. Performance measures
shall be established for all technologies developed with these
additional funds to facilitate implementation and utilization
by the DOD.
Weapons of mass destruction attack-effects-response assessment
capability at U.S. Joint Forces Command
The budget request included $56.971 million in PE 63832D
for the Joint Wargaming Simulation Management Office.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0
million in PE 63832D for the development and installation of a
weapon of mass destruction attack-effects-response assessment
capability for the Joint Task Forces-Civil Support that was
recently established as part of the U.S. Joint Forces Command
(USJFCOM). This program will allow USJFCOM, along with
government agencies, state, and local authorities, to model
chemical, biological or radiological incidents from the initial
detection of the attack and initial effects through the medical
response to the incident in an integrated, interoperable
manner.
The conferees agree to authorize an increase of $3.0
million in PE 63832D for the development and installation of a
weapon of mass destruction attack-effects-response assessment
capability at USJFCOM.
Ballistic Missile Defense Organization funding and programmatic
guidance
The budget request included approximately $4.5 billion
for the Ballistic Missile Defense Organization (BMDO),
including Procurement, Research, Development, Test and
Evaluation (RDT&E) and military construction.
The House bill would authorize an increase of $669.6
million in RDT&E funding for BMDO, including transfers of funds
from the Air Force for the Space Based Infrared System (SBIRS)
Low and the Airborne Laser Program.
The Senate amendment would authorize an increase of
$240.0 million in RDT&E funding for BMDO.
The conferees agree to authorize an overall increase of
$264.1 million for BMDO RDT&E, as specified below. The
conferee's recommendations for BMDO military construction are
provided elsewhere in this conference agreement. The conferees'
recommendations regarding the Airborne Laser and SBIRS-Low
programs are also provided elsewhere in this conference
agreement.

support technology

The conferees continue to support BMDO's efforts in the
area of wide bandgap electronic materials and devices. To
support this important technology effort, the conferees
recommend an increase of $2.0 million in PE 62173C and an
increase of $10.0 million in PE 63173C.
The conferees continue to support the Atmospheric
Interceptor Technology (AIT) program to develop advanced
interceptor kill vehicle technologies. The conferees recommend
an increase of $9.0 million in PE 63173C to support the AIT
program.
The conferees have supported BMDO's efforts to evaluate
innovative and low-cost launch technologies. The conferees
recommend an increase of $6.5 million in PE 63173C to support
low cost launch technology, including the Excalibur concept.
The conferees also agree to authorize an increase of $6.5
million in the Air Force budget (PE 63401F) for low cost
launch, including the Scorpius concept.
The conferees note that the Director of BMDO has
identified a need for additional funding to develop robust
adaptive algorithms to counter evolving and off-nominal
ballistic missile threats. The conferees recommend an increase
of $2.8 million in PE 63173C to support such algorithm
development.
The conferees remain concerned that funding for
innovative ballistic missile defense technology projects
continues to be insufficient to support BMDO's future needs.
The conferees recommend that the Director of BMDO identify
funds throughout the Future Years Defense Program sufficient to
support a technology program that hedges against rapidly
evolving missile threats.

national missile defense

The budget request included approximately $1.8 billion
for the National Missile Defense (NMD) program, including
Procurement and RDT&E. The conferees note that the Director of
BMDO has identified a number of areas in which additional funds
could be utilized to enhance risk reduction and testing
activities. The Director identified $129.0 million in critical
risk reduction unfunded requirements. Therefore, the conferees
recommend an increase of $129.0 million in PE 63871C for NMD
risk reduction.
The conferees understand that BMDO is considering
entering into a competition for the NMD X-band ground-based
radars (GBR) that would be deployed following the initial
deployment of the GBR site in Alaska. The conferees direct the
Director of BMDO to conduct an analysis of the advantages and
disadvantages of a competitive approach to follow-on GBR
development and deployment, and provide a report to the
congressional defense committees by April 1, 2001. The
conferees also agree to authorize an increase of $6.0 million
in PE 63871C to support initial technology development and
evaluation for the NMD capability-2 (C-2) radar.
The conferees are concerned by potential delays in the
NMD program associated with the development of the ground-based
interceptor (GBI) booster. The conferees believe that BMDO
should evaluate options for reducing technical and schedule
risks associated with the GBI, including the development of a
backup booster option involving proven technologies. The
conferees direct the Director of BMDO to submit a report to the
congressional defense committees by April 1, 2001, on plans for
mitigating the booster problems.

navy theater wide

The conferees continue to support the Navy Theater Wide
(NTW) program and urge the Secretary of Defense to accelerate
this important program to the extent permitted by the pace of
technological development. The conferees agree to authorize an
overall increase of $80.0 million in PE 63868C to accelerate
the NTW program and to begin work on an advanced technology
kill vehicle. Of this amount, the conferees agree to authorize
the use of $65.0 million for acceleration of the Standard
Missile-3 (SM-3) and to support continuation of NTW radar
competition.
The conferees believe that BMDO should immediately begin
to define and develop the necessary technology for the SM-3
block II kill vehicle. The conferees agree to authorize an
increase of $15.0 million in PE 63868C to support the
development of advanced NTW kill vehicle concepts employing
light-weight non-toxic pumped-propulsion and active/passive
sensor technology.
The conferees are concerned that the Navy has relied on
congressional increases in the NTW program to support
development of radar technologies and systems to support the
ballistic missile defense mission. The conferees note that
neither the Navy nor BMDO has budgeted for Navy missile defense
radar requirements, as identified in the Navy's radar roadmap.
The conferees believe that acceleration of the NTW program may
be problematic unless these requirements are clearly defined.
Such efforts are too important to remain unfunded in upcoming
budget requests. The conferees believe that radar upgrades are
primarily a Navy responsibility because they must be thoroughly
integrated across the range of Navy missions, and that such
upgrades cannot be funded exclusively through BMDO or through
congressional increases. The conferees direct the Secretary of
Defense to define the appropriate management and
fundingresponsibilities between the Navy and BMDO regarding the
development and acquisition of radars that support the Navy ballistic
missile defense mission, and to ensure that appropriate funds are
requested to support these activities.

Medium Extended Air Defense System

The budget request included $63.2 million for the Medium
Extended Air Defense System (MEADS). The conferees recommend a
decrease of $9.7 million in PE 63869C due to growth in the
MEADS program.

BMD Technical Operations

The conferees continue to support BMDO's effort to
develop a theater missile defense surrogate target based on a
liquid fuel engine. The conferees agree to authorize an
increase of $2.5 million in PE 63874C to continue this effort.
The conferees continue to support the Army Space and
Missile Defense Command's Advanced Research Center (ARC) and
agree to authorize an increase of $6.0 million in PE 63874C in
support of the ARC.
The conferees support BMDO's efforts to improve missile
defense technologies and capabilities against advanced theater
ballistic missile threats. One promising area of research is in
optical data and sensor fusion for detection and discrimination
of advanced threats, missile plumes, and penetration aids using
advanced image processing and optical discrimination
algorithms. The conferees agree to authorize an increase of
$3.0 million in PE 63874C for BMDO to continue this work.
BMDO has succeeded in employing wide-band information
technologies to link geographically dispersed radar and missile
hardware-in-the-loop test facilities to improve ground testing
of theater missile defense systems and increase the probability
of successful flight testing. The conferees believe that this
approach can be used in other areas, including battle
management and command, control, communications, and
intelligence (C3I). Therefore, the conferees agree to authorize
an increase of $9.0 million in PE 63874C to support continued
development of a wide-band information infrastructure for BMDO.

International Cooperative Programs

The budget request included $117.0 million for BMDO
International Cooperative Programs, including $81.2 million for
Israeli Cooperative Projects and $35.8 million for the Russian-
American Observation Satellites (RAMOS) program.
The conferees acknowledge that the budget request
included $45.0 million to support continued acquisition of the
Arrow Third Battery. The conferees agree to authorize an
increase of $8.0 million in PE 63875C to initiate the Arrow
System Improvement Plan.
Defense imagery and mapping program
The budget request included $75.0 million in PE 35102BQ.
The House bill would authorize an increase of $22.0
million in PE 35102BQ: $4.0 million for Rome Laboratory moving
target exploitation efforts; $3.0 million for the National
Technology Alliance and the National Imagery and Mapping Agency
(NIMA) Viewer development; and $15.0 million for the Geo-
Synthetic Aperture Radar (GeoSAR) program.
The Senate amendment would authorize an increase of $7.0
million in PE 35102BQ: $5.0 million for the NIMA Viewer; and
$2.0 million for the ``Smart Maps'' initiative.
The conferees agree to authorize an increase of $20.0
million in PE 35102BQ: $3.0 million for the development of a
Commercial Mapping and Visualization Toolkit, which includes
the NIMA Viewer concept; $15.0 million for the GeoSAR program;
and $2.0 million for the ``Smart Maps'' initiative.
The conferees agree that the mapping and visualization
toolkit development funds are not being designated for a
specific contractor program, but that NIMA should use the
additional funds to continue efforts to upgrade its commercial
mapping and visualization toolkit, and give appropriate
consideration to competitive commercial sources for conducting
this work.
Special operations tactical systems development
The budget request included $133.5 million for special
operations tactical systems development in PE11644BB. The
budget request did not include funding to continue the
development of many programs, including the MC-130 autonomous
landing guidance system, the CV-22 terrain following radar
upgrades, or the advanced lightweight grenade launcher.
The House bill would authorize an increase of $14.2
million in PE 11644BB, as follows: $9.2 million for the CV-22
terrain following radar improvements; and, $5.0 million for
continued development of the MC-130 autonomous landing guidance
system.
The Senate amendment would authorize an increase of $5.6
million in PE 11648BB, Special Operations Forces operational
enhancements, for the purpose of continuing research and
development of the advanced lightweight grenade launcher.
The conferees agree to authorize an increase of $13.3
million in PE 11644BB, special operations tactical systems
development to be distributed as follows: $4.5 million for the
MC-130 autonomous landing guidance system; $6.0 million for the
CV-22 terrain following radar upgrades; and, $2.8 million for
the advanced lightweight grenade launcher.
The conferees also understand that there may be slippage
in the CV-22 post initial operational capability block 10
changes. Additionally, the C-130 engine infrared suppression
program hasbeen canceled due to higher priority requirements.
Therefore, the conferees agree to a reduction of $3.0 million for the
CV-22 block 10 changes and a reduction of $5.0 million for the C-130
engine infrared suppression program.

ITEMS OF SPECIAL INTEREST

Common imagery processor
The House report accompanying H.R. 4392, the Intelligence
Authorization Act for Fiscal Year 2001 (H. Rept. 106-620),
would direct that, of the amounts appropriated pursuant to that
Act in PE 35208F and PE 35208N for the distributed common
ground system (DCGS), no more than 25 percent could be
obligated or expended until the Department of Defense submits a
plan to the congressional defense and intelligence committees
that details how the common imagery processor (CIP) will be
integrated into the Navy imagery system (NAVIS) and how the
NAVIS functionality could be incorporated into the common
imagery ground/surface system (CIGSS) structure.
The conferees agree that the Department should take full
advantage of functions and capabilities already owned by the
government. In general, the conferees do not support
expenditure of funds to recreate existing capabilities absent
compelling arguments. In this light, the conferees believe
there is potential for integrating capabilities of the CIP,
NAVIS, and CIGSS.
Therefore, the conferees direct the Assistant Secretary
of Defense for Command, Control, Communications, and
Intelligence, in consultation with the Director, National
Imagery and Mapping Agency, to submit a plan to the
congressional defense and intelligence agencies by March 15,
2001, which outlines an appropriate path for migrating tactical
imagery programs, including the CIP, NAVIS, and CIGSS, to
integrated solutions within the CIGSS architecture.
Defense Space Reconnaissance Program
The Defense Space Reconnaissance Program (DSRP) has
served an important role in providing direct interactions
between the National Reconnaissance Office (NRO) and
operational military commanders and other elements of the
Department of Defense. In recent years, however, the DSRP has
become a less uniquely effective entity as overt NRO support to
the military has increased and reduced classification barriers
have greatly increased military customer knowledge of space-
based systems. In fact, the NRO now maintains a Military
Support Division, directed by a general officer tasked to
interact directly with the military customers of the NRO.
The conferees understand that the Director of the NRO has
recently recommended that the DSRP be reestablished as the
budgetary mechanism for defense augmentation of NRO programs to
meet tactical military needs. The conferees believe that this
proposal merits careful consideration.
At the same time, the conferees believe that the
Secretary of Defense needs to evaluate the overall role of the
NRO in supporting tactical military forces. The conferees
believe that the following issues must be addressed as part of
an overall review of space intelligence support to the
warfighter: (1) the appropriate role for the NRO to play in
supporting military operations and exercises, such that the NRO
does not duplicate unnecessarily the responsibilities and
capabilities of organizations, such as the National Imagery and
Mapping Agency, the National Security Agency, or U.S. Space
Command that are specifically tasked to support their various
military customers; (2) whether some or all of the funds and
responsibilities currently included in the NRP, the DSRP, and
the service Tactical Exploitation of National Capabilities
(TENCAP) programs for supporting military operations and
exercises should be consolidated; (3) whether a revitalized
DSRP would be the best mechanism for giving the Unified
Commands a role in determining future space intelligence and
reconnaissance capability requirements and raising the
visibility of space reconnaissance matters within the
Department of Defense program planning and resource allocation
process; and (4) the role of a revitalized DSRP in funding NRO
system developments to satisfy unique military or service
requirements.
The conferees direct the Secretary of Defense to provide
the congressional defense and intelligence committees a report
by May 1, 2001, on his assessment and recommendations regarding
these matters.
Future scout and cavalry system
The conferees have strongly supported the Army's future
scout and cavalry system (FSCS) development effort in a joint
program with the United Kingdom and are concerned to note
actions taken by the Army to eliminate funding for the FSCS
engineering and manufacturing development phase. As a result,
funding for the Advanced Technology Demonstration (ATD) phase
was eliminated in the fiscal year 2001 Department of Defense
Appropriations Conference Report. The conferees note the Army
has recently developed a plan to include FSCS technologies
within its transformation efforts and recognize the FSCS ATD
will provide a basis to evaluate the integration of land-system
technologies through a platform demonstration. The conferees
believe the FSCS program is well positioned to develop leap-
ahead technologies for future land systems and support Army
intentions to request reprogramming authority necessary to
carry this program through the ATD phase of the development
effort.
Modernized hellfire/common missile
The budget request included $5.0 million for the
modernized Hellfire program to explore risk reduction
opportunities. The conferees understand the Army is considering
the possibility of moving toward a common chemical energy
missile and that the modernized Hellfire program would serve as
the baseline for this effort. The conferees fully support the
Army's goal to reduce the different types of anti-tank missile
systems in its future tactical inventory. However, this goal
was not supported by a request for funds in the fiscal year
2001 budget. Therefore, the conferees direct the Army to ensure
that fiscal year 2001 funds for the modernized Hellfire are
used, in part, to initiate a program definition study to
determine the potential of a common ground and air-to-ground
missile. Furthermore, the conferees expect the Army to begin
funding this effort in the fiscal year 2002 budget submission.
National Imagery and Mapping Agency pre-acquisition activities
Congress has repeatedly addressed the critical need to
conduct thorough and effective pre-acquisition activities
before embarking on a path to make the necessary improvements
to the National Imagery and Mapping Agency's (NIMA) tasking,
processing, exploitation, and dissemination (TPED)
capabilities. The conferees agree that NIMA needs to conduct
comprehensive pre-acquisition activities and will require
substantial additional funds for this purpose.
The conferees believe that these pre-acquisition
activities should accomplish several goals: (1) to apply new
information technology and modern business practices across the
imagery and geospatial enterprise, to include such concepts as
federated management and migrating legacy systems based on
proprietary software to an open systems architecture; (2) to
develop a realistic program plan and acquisition strategy
related to the role of NIMA, its oversight mechanisms, and its
contractors, including the use of an overarching systems
integration contract (perhaps along the lines of the National
Missile Defense Lead Systems Integrator contract), unless the
Department of Defense (DOD) can demonstrate that it would be
more efficient and effective for the government to retain the
integration role; (3) to develop a realistic plan to manage the
transition of the current systems and personnel of the United
States Imagery and Geospatial Information System (USIGS) to the
new, modern architecture; (4) to ensure that all imagery and
geospatial systems within DOD and other intelligence community
agencies (including tactical programs, airborne systems, and
commercial capabilities) are incorporated into an integrated
imagery TPED architecture; and (5) to provide appropriate basis
for migrating the TPED architecture from an imagery and
geospatial TPED architecture to one capable of processing
intelligence of multiple types (a so-called ``MULTI-INT''
architecture).
The conferees understand that the plan of the NIMA
Director is to consider all options for TPED, to include making
significant changes to the current architecture. The conferees
agree that the review should be thorough, and that NIMA should
retain only those previous architectural efforts and program
planning that withstand fresh scrutiny. The conferees do not
intend for NIMA to delay progress in important ongoing
activities (including such programs as NIMA libraries and
softcopy exploitation, now in the fielding phase) while the
pre-acquisition effort is underway.
The conferees believe that direct and personal
involvement by the Deputy Secretary of Defense and the Director
of Central Intelligence (DCI) are necessary to ensure that the
large resource investment to correct TPED deficiencies is
properly managed and adequately supported by all DOD and
Intelligence Community components. Therefore, the conferees
request the Deputy Secretary and the DCI to direct all
subordinate departments, agencies, and organizations to fully
support NIMA TPED pre-acquisition activities. This must include
providing overall guidance, developing concepts and system
technical interfaces, and organizing and training intelligence
providers and customers to maximize the imagery TPED functions.
As noted above, the scope of this effort clearly must involve
all imagery and geospatial information systems, including open-
source systems. It should also include: all collection systems
(spacecraft, aircraft, unmanned aerial vehicles, etc.); all
tasking, data, storage, processing, exploitation, analysis,
dissemination (including communications) and collaboration
systems; and all databases and the specific interfaces. In
short, this pre-acquisition effort should refine and define the
end-to-end information management processes for U.S. imagery
and geospatial data systems so that intelligence can be
provided to all customers at all levels.
The conferees expect that the policy and programmatic
knowledge gained and the system-level specifications that
result from the pre-acquisition activity will be used to focus
NIMA's TPED development and acquisition efforts. The conferees
expect the Deputy Secretary of Defense and the DCI to develop a
realistic TPED transition plan with rigorous cost assessments
and to submit that plan to Congress concurrent with future
budget requests.
The conferees recognize that the fiscal year 2001 budget
request and the Future Years Defense Program (FYDP) reflected
additional resources to satisfy TPED requirements. This
reflects the first firm commitment by the Deputy Secretary of
Defense that the Department would provide additional resources
to support TPED modernization. Although the conferees recognize
that better funding estimates will result from the pre-
acquisition activities addressed above, the administration must
continue near- and long-term efforts to identify funding
commitments in the fiscal year 2002 budget request and the FYDP
that match the critical requirements in this area.
In the near-term, the conferees believe that the
Department should take a number of steps to ensure the TPED
efforts beginefficiently and promptly. These actions should
include the following:
(1) NIMA should establish a focused, capable, and
empowered program office that:
(a) remains separate from ongoing
acquisition efforts;
(b) reports directly to the NIMA corporate
acquisition executive for the Director of NIMA;
and
(c) maintains clear and agreed upon
relationships with the management oversight
staffs, partnering program offices, and
customers.
(2) NIMA should modify the current TPED study
contracts as necessary to develop or to assist the
Department in developing the following:
(a) a NIMA enterprise-wide 2005-era vision
for the imagery TPED architecture, as
modernized by new information management
technology and business practices;
(b) a 2005-era concept of operations for
all products, services, and business
operations;
(c) a range of architectural approaches for
a 2005-era USIGS that would account for current
and near-term systems, and that are designed to
facilitate transition from the current
architecture;
(d) an acquisition strategy and program
plan that clearly outlines program management,
including the role of the NIMA program office
and use of a systems integrator, contracts for
advisory and assistance services (CAAS), and
federally funded research and development
centers;
(e) a source selection strategy;
(f) draft interface control documents,
interagency memoranda, and one or more requests
for proposal (as determined by the acquisition
strategy) with all reference documents, to
include statements of objectives, requirements,
and operational concepts;
(g) a draft transition plan for all
segments of the imagery and geospatial
architecture, both internal and external to
NIMA; and
(h) cost estimates and budget profiles for
complete life cycle costs.
(3) NIMA's plan to achieve the actions in item (2)
above shall be reviewed by the Assistant Secretary of
Defense for Command, Control, Communications, and
Intelligence, and the Deputy Director of Central
Intelligence for Community Management.
The conferees direct the Secretary of Defense, in
coordination with the DCI, to take these actions by February 1,
2001, and submit a report by that date to the congressional
defense and intelligence committees that describes the
implementation of these actions.
Nuclear Detonation Detection System
The conferees note that the Nuclear Detonation (NUDET)
Detection System (NDS) Electromagnetic Pulse (EMP) V sensors
are currently scheduled to fly on the next generation Global
Positioning System (GPS) Block IIF satellites. These sensors
support the mission areas of Integrated Tactical Warning and
Attack Assessment (ITWAAA), Treaty Monitoring, and Nuclear
Force Management (NFM). The conferees recognize that these
sensors are necessary to providing the Commander in Chief of
U.S. Strategic Command with the robust battle damage assessment
capability required to adequately advise the National Command
Authority during Single Integrated Operations Plan (SIOP)
execution. In addition, these sensors are critical for arms
control monitoring and verification.
Therefore, the conferees support efforts to procure the
NDS EMP V sensors in time to fly on the first GPS IIF
satellites. The conferees direct the Secretary of the Air Force
to ensure that there is no loss in sensor coverage.
Radar technology insertion program
The conferees understand that the Air Force recently
conducted a review of the Joint Surveillance and Target Attack
Radar System (JSTARS) acquisition program, and confirmed the
requirement for the Radar Technology Insertion Program (RTIP).
Conferees note that RTIP capability will offer a major
enhancement to the current JSTARS fleet and strongly urge the
Air Force to install RTIP into any JSTARS aircraft produced
after RTIP goes into production.
Space launch ranges
The conferees are concerned that continuing to vest the
Air Force with sole fiscal responsibility for the space launch
ranges is increasingly problematic. The conferees note that
several recent congressional hearings and governmental studies
indicate that: (1) the Air Force is transitioning to use of
commercial launch services and the commercial launch industry
is, and will remain, the predominant user of these ranges; (2)
because it does not recover the costs of its management,
operation, and modernization of the ranges, the Air Force
provides a substantial subsidy to the commercial launch
industry, which is less justifiable as the commercial launch
industry matures; (3) the Air Force has done an inadequate job
of maintaining and modernizing the ranges, and inadequate
funding for the ranges is causing equipment to become outdated;
and (4) the commercial launch industry does not believe that
the Air Force manages the ranges efficiently, often leading to
costly launch delays.
The conferees urge the Secretary of Defense to give
consideration to expanding the sources of funding for range
modernization, maintenance, and operations and to transition
responsibility for range management, modernization,
maintenance, and operations from the Air Force to joint
responsibility between a combination of the Air Force, other
state and federal agencies, and the commercial sector. The
conferees believe that such approaches may offer the
opportunities to improve both military and commercial launch
capabilities.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Authorization of Appropriations

Authorization of appropriations (secs. 201-202)
The House bill contained provisions (secs. 201-202) that
would authorize the recommended fiscal year 2001 funding levels
for all research, development, test, and evaluation accounts.
The Senate amendment contained similar provisions.
The conference agreement includes these provisions.

Subtitle B--Program Requirements, Restrictions, and Limitations

Management of Space-Based Infrared System-Low (sec. 211)
The House bill contained a provision (sec. 212) that
would transfer during fiscal year 2001 the management authority
over the Space-Based Infrared System (SBIRS) Low program from
the Air Force to the Ballistic Missile Defense Organization
(BMDO).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delay the
transfer of the SBIRS-Low program to BMDO until fiscal year
2002.
Joint strike fighter program (sec. 212)
The House bill contained a provision (sec. 213) that
would require the Secretary of Defense to certify to the
congressional defense committees that the joint strike fighter
(JSF) is technologically mature enough prior to allowing the
JSF program to enter the engineering and manufacturing
development (EMD) phase.
The Senate amendment contained a provision (sec. 215)
that would require a report from the Secretary of Defense on
the technical exit criteria for the JSF to enter EMD and on the
impact of any changes the Department of Defense had made to the
acquisition strategy. The Senate amendment would also provide a
waiver of an amount of funds from the transfer authority
ceiling in the event the Department decided to reprogram funds
within the JSF program to support EMD activities.
The House recedes with an amendment that would require
the Secretary of Defense to provide a report on the technical
exit criteria for the JSF to enter EMD. The provision would
require that, prior to entering EMD, the Secretary of Defense
would have to certify to the congressional defense committees
that the technical exit criteria have been met, that key
technologies are sufficiently mature, and that the short
takeoff and vertical landing variant of the design selected for
EMD has accumulated at least 20 flight test hours. The
provision would also provide a waiver of transfer authority
ceiling in the event the Department were to decide that it
needed to reprogram funds within the JSF program.
Fiscal year 2002 joint field experiment (sec. 213)
The Senate amendment contained a provision (sec. 211)
that would require the Secretary of Defense to plan in fiscal
year 2001, and execute in fiscal year 2002, a major joint field
experiment. This experiment would include elements from all
military services and special operations forces that represent
equipment, organizations, and concepts intended to counter
threats to U.S. national security in the year 2010 and beyond.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to submit to the congressional defense committees
by March 1, 2001, a report on the concept plan for this joint
field experiment that includes: (1) the objectives of the
experiment; (2) participating forces; (3) experiment schedule
and location(s); (4) funding requirements for each
participating joint command, defense agency, and service
component; and (5) identified shortfalls in funding required
for the experiment that are not included in the fiscal year
2002 budget request for each of the participating joint
commands, defense agencies, and service components.
The conferees agree to authorize an increase of $2.0
million in PE 63727N to facilitate the planning in fiscal year
2001 of this major joint field experiment to be executed in
fiscal year 2002.
Nuclear aircraft carrier design and production modeling (sec. 214)
The budget request included $38.3 million in PE 64567N
for aircraft carrier contract design. The budget request did
not include funds specifically designated for converting
nuclear aircraft carrier designs to a three-dimensional,
computer-based system.
The House bill would authorize $5.0 million of the budget
request to begin development of an aircraft carrier design
product model for the CVNX.
The Senate amendment contained a provision (sec. 212)
that would authorize an increase of $10.0 million in PE 64567N
to develop an electronic product model of the CVNX-1 and
applicable sections of CVN-77 nuclear aircraft carrier design.
The Senate amendment would also direct the Navy to provide an
analysis of the potential costs and benefits of extending this
product model effort for use in supporting the Nimitz-class
ships in the fleet.
The House recedes with an amendment that would authorize
an increase of $8.0 million in PE 64567N to develop an
electronic product model of the CVNX-1 and applicable sections
of CVN-77. The amendment would also require the Secretary of
the Navy to provide a report on the cost effectiveness of
converting design data to an electronic form and developing a
three-dimensional design product model for the CVNX class
aircraft carrier.
DD-21 class destroyer program (sec. 215)
The Senate amendment contained a provision (sec. 213)
that would authorize the Secretary of the Navy to pursue a
technology insertion approach to DD-21 that would commence
construction of the first DD-21 in fiscal year 2004 followed by
a fiscal year 2009 delivery. The provision would also express
the sense of Congress that there are compelling reasons to
commence DD-21 construction in fiscal year 2004 followed by
sequential construction of DD-21 destroyers until a total of 32
are built. The provision would further direct the Secretary of
Defense and the Secretary of the Navy to submit certain reports
on DD-21.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Limitation on Russian American Observation Satellites program (sec.
216)
The Senate amendment contained a provision (sec. 219)
that would prohibit the expenditure or obligation of funds for
the Russian American Observation Satellites (RAMOS) program
until 30 days after the Secretary of Defense submits to
Congress a report concerning the protection of advanced
military technology that may be associated with the RAMOS
program.
The House bill contained no similar provision.
The House recedes.
Joint Biological Defense Program (sec. 217)
The Senate amendment contained a provision (sec. 220)
that would prohibit the obligation of funds to procure the
vaccine for the biological agent anthrax until the Secretary of
Defense makes a notification and delivers a report to the
congressional defense committees.
The House bill contained no similar provision.
The House recedes with an amendment that would establish
permissible actions related to the obligation of funds to
procure the anthrax vaccine and would require the Secretary to
report within seven days to the Congress all obligations in
connection with the qualified procurement of anthrax vaccine
with a value greater than $5.0 million.
The conferees note that the anthrax virus is only one of
several biological agents Department of Defense officials have
testified could pose a threat to military personnel. The
conferees are concerned that the myriad issues associated with
the production and acquisition of the anthrax vaccine may also
apply to other biological warfare defense vaccine research,
development, and procurement programs. It is incumbent on the
Secretary to develop a plan, including milestones, for
modernizing all vaccines used or anticipated to be used to
immunize military personnel against biological agents. In the
development of that plan, the Secretary should take such
action, including procuring vaccines from more than one
manufacturer, if necessary or appropriate, to ensure military
personnel immunization policies and plans can be effectively
implemented.
Section 1703 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160) required the
Secretary of Defense to report annually on the status and plans
of chemical and biological defense research, development and
procurement programs. In the report to be submitted in calendar
year 2001 and the subsequent three reports, the costs incurred
by, and payments made to, each contractor or other entity
engaged in the production, storage, distribution, or marketing
of the anthrax vaccine administered by the Department of
Defense should be provided. In the report to be submitted in
calendar year 2001, the following information should be
included: (1) an estimate and update of the life cycle costs of
the anthrax vaccination program; (2) a description of the
anthrax vaccine acquisition strategy; (3) an assessment of
government requirements (defense and non-defense) for the
anthrax vaccine; (4) an assessment of the financial and
manufacturing ability of the manufacturer of the anthrax
vaccine to meet government requirements; and (5) a description
of any activity related to any anthrax vaccine license with
significant implications for the Department of Defense.
Report on biological warfare defense vaccine research and development
programs (sec. 218)
The Senate amendment contained a provision (sec. 221)
that would direct the Secretary of Defense to report on the
Department of Defense (DOD) program to develop and procure
vaccines for biological warfare agents no later than February
1, 2001. The provision would require the Secretary to develop a
design for a government-owned, contractor-operated (GOCO)
vaccine production facility and provide a determination on the
utility of such afacility to support civilian vaccine
production, and an analysis of possible vaccine production for
international use.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
requirements of the report to include an estimated
establishment cost and schedule for the GOCO facility, and an
evaluation of the non-military use of such a facility on the
production of vaccines for U.S. Armed Forces.
Cost limitations applicable to F-22 aircraft program (sec. 219)
The Senate amendment contained a provision (sec. 214)
that would provide one percent relief on the engineering and
manufacturing (EMD) development cost cap for the F-22 aircraft
if the funds are required for testing, as certified by the
Director of Operational Test and Evaluation (DOT&E) and the
Undersecretary of Defense for Acquisition, Technology, and
Logistics (USD AT&L).
The House bill contained no similar provision.
The House recedes with an amendment that would provide
one and one half percent relief on the EMD cost cap for the F-
22 aircraft program, if the use of these funds is required for
testing, as certified by DOT&E after consultation with USD
AT&L. The amendment would also reestablish the EMD and
production cost caps, as established by section 217 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85).
Unmanned advanced capability combat aircraft and ground combat vehicles
(sec. 220)
The Senate amendment contained a provision (sec. 217)
that would establish an initiative to promote the use of
unmanned combat systems and technologies with the goal that,
within 10 years, one-third of U.S. military operational deep
strike aircraft will be unmanned and, within 15 years, one-
third of all ground combat vehicles will be unmanned. The
Senate amendment would authorize $200.0 million in research,
development, test and evaluation in PE 62702E to accelerate the
technologies that will lead to the development and fielding of
remotely controlled air combat vehicles by 2010 and remotely
controlled ground combat vehicles by 2015.
The House bill contained no similar provision.
The House recedes with an amendment.
The conferees support the need to strengthen Army, Navy,
and Air Force efforts to exploit the significant potential of
unmanned combat aircraft and ground vehicles to effectively
accomplish many critical combat missions while avoiding risk to
aircraft and ground vehicle crews. The amendment reaffirms the
goal established in section 217 of the Senate amendment of
developing and fielding advanced capability unmanned combat
aircraft and ground vehicles such that one-third of the
operational deep strike aircraft in the year 2010 and one-third
of the ground combat vehicles acquired through the Army's
future combat system development program by the year 2015 could
be unmanned.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees that describes
the development and demonstration efforts of the services
together with the Defense Advanced Research Projects Agency
(DARPA) that will be required to support the established goals.
The report shall be submitted in conjunction with the fiscal
year 2002 budget request and will include the acquisition
strategy required to achieve the established goals, including
necessary funding, analysis of alternatives, and potential
contributions to, or impacts to current and planned deep strike
combat aircraft and ground combat vehicles.
The conferees recommend that efforts to develop and to
demonstrate unmanned combat aircraft and ground combat vehicles
should be focused initially on the highest risk mission areas.
For aircraft, this mission area is defined as those early entry
deep strike missions for suppression of enemy air defenses and
other highest priority targets. The amendment also addresses
commonality between the Air Force and Navy programs. The
conferees expect that significant air vehicle systems
commonality and interoperability between the Navy and Air Force
variants is achievable, specifically in the areas of
electronics, avionics, datalinks, and operating stations. The
conferees also recognize the importance of low observable (LO)
designs in future systems. To that end, Air Force should
proceed with development of air vehicle three and validate the
LO design of the unmanned combat air vehicle (UCAV) system.
Accordingly, the Navy should fully explore the advantages of LO
technology in their design of the unmanned combat air vehicle
(UCAV-N) system.
In its analysis of alternatives, the Navy should examine
a force of 10 to 20 UCAVs per carrier airwing. For ground
combat vehicles, the capabilities currently anticipated for the
Army's new objective force currently under development in
collaboration with DARPA offer the most appropriate focus for
application of unmanned vehicle capability.
To accelerate efforts toward achieving these aggressive
goals, the conferees authorize an increase of $100.0 million in
PE 62702E, as follows: $50.0 million for the Air Force's UCAV
program; $25.0 million for the Navy's UCAV-N program; and,
$25.0 million for the Army-DARPA joint program on the Future
Combat System (FCS). The conferees expect DARPA and the
services to work the additional funding, responsibilities, and
timelines into the existing memorandum of agreements for these
three programs.
The conferees recognize that an increase of $46.0 million
is authorized in PE 63005A for enabling technologies for the
FCS, as noted elsewhere in this report. The request for the
additional funds came from the Department of the Army's
unfunded prioritylist. The conferees note that the Army
transformation program hinges on the success of FCS as it is the
centerpiece of the service's new ground warfare strategy. The conferees
urge the Department to fully fund this critical program in the future.
Global Hawk high altitude endurance unmanned aerial vehicle (sec. 221)
The Senate amendment contained a provision (sec. 216)
that would require a demonstration of the Global Hawk high
altitude endurance unmanned aerial vehicle (HAE UAV) in a
counter-drug surveillance scenario.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to initiate this demonstration no
later than March 1, 2001. The provision would also direct the
Secretary to conduct the demonstration and the parallel radar
development effort using funds authorized to be appropriated
for Drug Interdiction and Counter-drug Activities, Defense.
Army space control technology development (sec. 222)
The Senate amendment contained a provision (sec. 218)
that would authorize $20.0 million for the Kinetic Energy Anti-
Satellite (KE-ASAT) program, $5.0 million for other Army space
control technology development, and prohibit the obligation of
funds for other Army space control technology until funds for
the KE-ASAT program have been released to the KE-ASAT program
manager.
The House bill contained no similar provision.
The House recedes with an amendment that would specify
that, of the funds authorized to be appropriated for Army space
control technology development, $3.0 million shall be available
for the KE-ASAT program.

Subtitle C--Ballistic Missile Defense

Funding for fiscal year 2001 (sec. 231)
The House bill contained a provision (sec. 231) that
would authorize funds for the National Missile Defense Program,
including funds for the Space-Based Infrared System (SBIRS)-Low
program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
funds for the National Missile Defense program, but not the
SBIRS-Low program. Matters related to SBIRS-Low are addressed
elsewhere in this report.
Reports on ballistic missile threat posed by North Korea (sec. 232)
The House bill contained a provision (sec. 233) that
would require that, not later than two weeks after the next
flight test by North Korea of a long-range ballistic missile,
or 60 days after enactment of this Act, the President shall
submit to Congress a report on the North Korean ballistic
missile threat to the United States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that, not later than two weeks after the next flight test by
North Korea of a long-range ballistic missile, the President
shall submit to Congress a report on the North Korean ballistic
missile threat to the United States.
Plan to modify ballistic missile defense architecture (sec. 233)
The House bill contained a provision (sec. 234) that
would require the Director of the Ballistic Missile Defense
Organization to develop a plan to adapt ballistic missile
defense systems and architectures to counter threats to the
United States, U.S. Armed Forces deployed outside the United
States, and other U.S. national security interests that are
posed by ballistic missiles with ranges of 1,500 to 2,500
miles.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Management of Airborne Laser program (sec. 234)
The House bill contained a provision (sec. 235) that
would designate the Airborne Laser (ABL) program as a program
element of the ballistic missile defense program managed by the
Ballistic Missile Defense Organization (BMDO).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Air Force to obtain the approval of the
Director of BMDO before making any change to the ABL funding
profile, schedule, or technical requirements, and for the
Director of BMDO, in coordination with the Secretary of the Air
Force, to submit a report to the congressional defense
committees on the role of the ABL in current U.S. missile
defense architecture.
As addressed elsewhere in this conference agreement, the
conferees recommend a funding increase of $85.0 million for the
ABL program, the amount needed in fiscal year 2001 to keep the
Program Definition and Risk Reduction aircraft on schedule to
conduct the first lethal demonstration during fiscal year 2003.
The conferees direct the Secretary of the Air Force to spend
these additional fiscal year 2001 funds consistent with the
fiscal year 2000 program plan. Absent the development of
technical problems, the conferees believe that the ABL
programshould remain on schedule for a lethal demonstration in fiscal
year 2003 and initial operational capability in fiscal year 2008.

Subtitle D--High Energy Laser Programs

High energy laser programs (secs. 241-250)
The House bill contained a provision (sec. 211) that
would authorize funding for high energy laser (HEL) research
and development, and would require the Secretary of Defense to
designate a senior civilian official in the Office of the
Secretary of Defense (OSD) to oversee, coordinate, prioritize,
and conduct planning and programming for the HEL programs. The
provision would also express a sense of Congress concerning the
appropriate funding levels for HEL research and development,
require the establishment of a memorandum of agreement between
the Secretary of Defense and the Administrator of the National
Nuclear Security Administration to conduct joint laser research
programs, and establish certain reporting requirements.
The Senate amendment contained a similar provision (sec.
917) that would authorize funding for HEL programs, require the
Secretary of Defense to implement the organizational
recommendations included in the High Energy Laser Master Plan
of March 24, 2000, and require other actions related to the
management of HEL.
The Senate recedes with an amendment that would require
the Secretary of Defense to implement the recommendations
included in the High Energy Laser Master Plan recommendations
and would address other matters related to HEL program funding
and management. The amendment would also require the Secretary
of Defense, in consultation with the Deputy Undersecretary of
Defense for Science and Technology, to evaluate whether to
include other directed energy science and technology programs
in the new high energy laser management structure.

Subtitle E--Other Matters

Reports on mobile offshore base concept and potential use for certain
purposes of technologies associated with that concept (sec.
251)
The Senate amendment contained a provision (sec. 241)
that would require the Secretary of Defense to submit a report
on the mobile offshore base that would contain a cost-benefit
analysis for the base and a recommendation on whether a program
should be established, with lead service designation and
schedule.
The House bill contained no similar provision.
The House recedes with an amendment that would require an
additional report from the Secretary of the Navy on the
potential application and feasibility of using existing
technologies, including those associated with the mobile
offshore base concept, to a sea-based platform for support of
naval aviation training. This report should be viewed as a
matter totally disassociated with the potential requirement for
a mobile offshore base, with the exception of potential sharing
of technologies.
Air Force science and technology planning (sec. 252)
The Senate amendment contained a provision (sec. 242)
that would require the Secretary of the Air Force to submit a
report to the congressional defense committees on the long-term
challenges and short-term objectives of the Air Force science
and technology (S&T) program.
The House bill contained no similar provision.
The House recedes with an amendment that would strike the
reporting requirement for the Air Force, clarify the planning
requirement, and require the Comptroller General to report on
the results of the review and an assessment regarding the
extent to which the review was conducted in compliance with the
requirements of this section.
Enhancement of authorities regarding education partnerships for
purposes of encouraging scientific study (sec. 253)
The Senate amendment contained a provision (sec. 243)
that would amend section 2194 of title 10, United States Code,
to enhance authorities relating to education partnerships to
encourage scientific study.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the types of property eligible for transfer under the
authorities of this provision.
Recognition of those individuals instrumental to naval research efforts
during the period from before World War II through the end of
the cold war (sec. 254)
The House bill contained a provision (section 241) that
would recognize those individuals instrumental in the
establishment and conduct of oceanographic and scientific
research partnerships between the Federal Government and
academic institutions during the period beginning before World
War II and continuing through the end of the Cold War, support
efforts by the Secretary of the Navy and the Chief of Naval
Research to honor those individuals, and express appreciation
for the ongoing efforts of the Office of Naval Research to
support oceanographic and scientific research and the
development of researchers in scientific fields related to the
missions of the Navy and the Marine Corps.
The Senate amendment contained no similar provision.
The Senate recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Acoustic mine detection technology
The Senate amendment contained a provision (sec. 223)
that would authorize an increase of $2.5 million in PE 62712A
for research in acoustic mine detection.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $2.5
million in PE 62712A for research in acoustic mine detection,
as noted elsewhere in this conference report.
Additional authorization for weathering and corrosion technology for
aircraft surfaces and parts
The Senate amendment contained a provision (sec. 203)
that would authorize an increase of $1.5 million in PE 62102F
for weathering and corrosion technology for aircraft surfaces
and parts.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $1.0
million in PE 62102F for research, development, test, and
evaluation technologies and processes to address weathering and
corrosion of aircraft surfaces and parts, as noted elsewhere in
this report.
The conferees direct that all applicable competitive
procedures be used in the award of contracts or other
agreements under this program and that cost sharing be used to
the maximum extent practicable.
Air logistics technology
The Senate amendment contained a provision (sec. 225)
that would authorize an increase of $300,000 in PE 63712S for
air logistics technology.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $300,000
in PE 63712S for air logistics technology, as noted elsewhere
in this conference report.
Ammunition risk analysis research
The Senate amendment contained a provision (sec. 229)
that would authorize an increase of $5.0 million in PE 63104D
for research in ammunition risk analysis.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $5.0
million in PE 63104D for research in ammunition risk analysis,
as noted elsewhere in this conference report.
Funding for comparisons of medium armored vehicles
The Senate amendment contained a provision (sec. 230)
that would authorize an increase of $40.0 million to support a
comparative evaluation by the Army of medium armored combat
vehicles.
The House bill contained no similar provision.
The Senate recedes.
Joint technology information center initiative
The Senate amendment contained a provision (sec. 228)
that would authorize $20.0 million for the Joint Technology
Information Center Initiative.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $20.0 million in
Research, Development, Test and Evaluation, Defensewide, for
the Joint Technology Information Center initiative.
Navy information technology center and human resource enterprise
strategy
The budget request included $15.3 million in PE 65013N
for information technology development.
The House bill would authorize the budget request.
The Senate amendment contained a provision (sec. 227)
that would authorize an increase of $5.0 million in PE 65013N
for the Navy's single integrated human resources strategy
(SIHRS).
The Senate recedes on the provision.
The conferees agree to authorize an increase of $8.0
million in PE 65013N for the business process re-engineering of
Navy legacy systems through the SIHRS.
Sense of Congress concerning commitment to deployment of National
Missile Defense System
The House bill contained a provision (sec. 232) that
would: (1) reaffirm the policy of the United States declared in
the National Missile Defense (NMD) Act of 1999 (Public Law 106-
38); (2) find that an effective NMD system is technologically
feasible; (3) find that hostile ``rogue'' nations are capable
of posing missile threats to the United States sufficient to
justify deployment of an NMD system; and (4) express the sense
of Congress that the action of the President in signing the NMD
Act of 1999 entails a commitment by the President to execute
the policy declared in that Act.
The Senate amendment contained no similar provision.
The House recedes.
Technology for mounted maneuver forces
The Senate amendment contained a provision (sec. 224)
that would authorize an increase of $5.0 million in PE 65326A
to test and evaluate future operational technologies for use by
mounted maneuver forces.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $3.5
million in PE 65326A to test and evaluate future operational
technologies for use by mounted maneuver forces, as noted
elsewhere in this conference report.

Title III--Operation and Maintenance

Overview
The budget request for fiscal year 2001 contained an
authorization of $108,746.1 million for Operation and
Maintenance in the Department of Defense and $1,154.4 for
Working Capital Fund Accounts in fiscal year 2001.
The House bill would authorize $109,415.5 million for
Operation and Maintenance and $1,503.4 for Working Capital Fund
Accounts.
The Senate amendment would authorize $108,904.7 million
for Operation and Maintenance and $1,154.4 for Working Capital
Fund Accounts.
The conferees recommended an authorization of $109,750.2
million for Operation and Maintenance and $1,154.4 for Working
Capital Fund Accounts for fiscal year 2001. The conference
agreement reflects reductions reflected in the fiscal year 2001
Department of Defense Appropriations Act (Public Law 106-259).
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.

Battlefield Mobility Enhancement System
The budget request included no funding for the
battlefield mobility enhancement system know as Military Gator
(M-Gator).
The House bill would authorize $9.3 million for M-Gator.
The Senate amendment would authorize $10.0 million for M-
Gator.
The conferees agree to authorize $3.0 million for M-
Gator. The conferees commend the Department of the Army and,
specifically, the XVIII Airborne Corps for their efforts in
acquiring the M-Gator battlefield mobility enhancement system.
The conferees note that these efforts substantially shortened
the acquisition process for this system by using a commercial
off-the-shelf vehicle and thereby resisted the oft-repeated
mistake of excessive modifications and militarizations, saving
both time and money. The conferees understand that it took the
Army only three years from the execution of the operational
needs statement to the initial fielding of the M-Gator. The
conferees are also pleased to note that M-Gators are currently
available for world-wide deployment by the 82nd and 101st
Airborne Divisions and, within available funding, will soon be
available in the 10th Mountain Division in New York and the
25th Infantry Division in Hawaii.
Cultural and historic activities
The budget request included $300,000 for the Legacy
Resource Management Program.
The House bill would authorize an increase of $6.5
million in the Legacy program.
The Senate amendment would authorize an increase of $6.1
million in the Legacy program for the recovery and preservation
of three Civil War vessels: the H.L. Hunley, a Civil War
submarine; the U.S.S. Monitor, a Civil War ironclad warship;
and the C.S.S. Alabama, a Civil War commerce raider.
The conferees agree to authorize an increase of $6.5
million in the Legacy program. The conferees direct the
Secretary of Defense and the Secretary of the Navy to use the
additional Legacy funds to accomplish the following: (1) To
raise the H.L. Hunley, recover other remaining artifacts, and
conduct related preservation activities; (2) to make
preparations for the turret recovery of the U.S.S. Monitor and
recover other remaining artifacts, including two cannons; and
(3) to survey and recover the artifacts of the C.S.S. Alabama,
including the aft pivot gun and the lifting screw. The
conferees further direct that, not later than April 1, 2001,
the Secretary of Defense shall submit to the congressional
defense committees a report that completely describes all prior
and current use of Legacy funds and relevant state funds, and
the status of recovery and preservation activities related to
the H.L. Hunley, the U.S.S. Monitor, and the C.S.S. Alabama.
MOCAS enhancements
The budget request included $1.1 billion for the Defense
Logistics Agency.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $1.2
million for improvements to the Mechanization of Contract
Administration Service (MOCAS) System. The increase in funding
is necessary for the development of a query tool, enhanced
shared data warehouse, and other improvements to bring the
MOCAS system in compliance with other provisions in the Act.
The House bill contained no similar provision and would
authorize the budget request.
The conferees agree to authorize an increase of $1.0
million for these purposes for the Defense Finance and
Accounting Service.

ITEMS OF SPECIAL INTEREST

Funding for Formerly Used Defense Sites and the Conway Bombing and
Gunnery Range, Horry County, South Carolina
The Department of Defense (DOD) is responsible for
cleaning up properties that it formerly owned, leased,
possessed, or operated, known as Formerly Used Defense Sites
(FUDS). The Army is the executive agent for the FUDS program,
and the U.S. Army Corps of Engineers (Corps) manages and
executes actual remediation activities. Because DOD no longer
owns or uses the FUDS properties, a Corps district commander is
given direct oversight responsibility for execution of
environmental restoration projects.
There are about 9,302 properties identified for inclusion
in the FUDS program, hundreds of which could be categorized as
former ranges. Unfortunately, there are significant funding
shortfalls within the FUDS program, which makes it difficult to
execute much needed remediation projects at these sites. In an
effort to address this problem, the Department of Defense
Appropriations Act, 2001 (Public Law 106-259) included an
increase of $45.0 million for FUDS remediation. Although these
additional funds should facilitate further remediation
activities on FUDS properties, there remains a funding
shortfall that must be comprehensively addressed through the
Department of Defense budget process. The conferees direct the
Secretary of Defense to work cooperatively with the Secretary
of the Army to resolve effectively the funding shortfall in the
FUDS program.
The conferees are particularly concerned about the lack
of focus and support for remediation of former military ranges.
Specifically, the conferees have been informed of
potentialsafety and environmental issues at the former Conway Bombing
and Gunnery Range (Range III), Horry County, South Carolina. The
conferees encourage the Secretary of the Army to move forward with
remediation at such ranges in accordance with existing Department of
Army policy.
United States Army marksmanship program
The conferees believe that international marksmanship
competitions are an excellent opportunity to showcase the
skills of U.S. military personnel in a sport that many
countries see as a paradigm of military preparedness.
The conferees note that since 1956, the United States
Army Marksmanship Unit, including active and reserve
participants, have made a significant contribution to the
success of U.S. marksmanship teams. Since the 1988 Olympic
Games, reserve component participation on the Department of
Defense (DOD) contingent on U.S. shooting teams has averaged
nearly one half of all DOD team members. The conferees urge the
Secretary of Defense to review the current Army Marksmanship
program in order to maintain adequate opportunities for reserve
component personnel to participate in future international
marksmanship events.
Water quality issues at installations in Kaiserslautern, Germany
The conferees are concerned about contamination at
approximately 36 locations recently identified on, or near,
military installations supporting the missions of the U.S. Army
and the U.S. Air Force in the area of Kaiserslautern, Germany.
The conferees recognize the effort of the Secretaries of the
Army and the Air Force to work cooperatively with local German
authorities to resolve matters relating to environmental
contamination of the water supply that supports the military
installations and civilians in the area of Kaiserslautern,
Germany. The conferees direct the Secretaries of the Army and
Air Force to assess jointly the nature and extent of the water
contamination issue, and develop a plan for the completion of
remediation and restoration, to include related costs. The
conferees direct the secretaries concerned to submit their
findings and recommendations concurrent with the submission of
the budget request for fiscal year 2002.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Authorization of Appropriations

Authorization of appropriations (secs. 301-302)
The House bill contained provisions (secs. 301-302) that
would authorize the recommended fiscal year 2001 funding levels
for all operations and maintenance and working capital fund
accounts.
The Senate amendment contained similar provisions.
The conference agreement includes these provisions.
Armed Forces Retirement Home (sec. 303)
The House bill contained a provision (sec. 303) that
would authorize $69,832,000 from the Armed Forces Retirement
Home Trust Fund to be appropriated for the operation of the
Armed Forces Retirement Homes.
The Senate amendment contained an identical provision
(sec. 303).
The conference agreement includes this provision.
Transfer from National Defense Stockpile Transaction Fund (sec. 304)
The House bill contained a provision (sec. 304) that
would authorize the Secretary of Defense to transfer not more
than $150.0 million from the amounts received from sales in the
National Defense Stockpile Transaction Fund to the operations
and maintenance accounts of the military services.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Joint warfighting capabilities assessment teams (sec. 305)
The Senate amendment contained a provision (sec. 312)
that would authorize $4.0 million in operation and maintenance
for defense-wide activities for the Joint Staff be made
available for the sole purpose of improving the performance of
the joint warfighting capabilities assessment teams of the
Joint Requirements Oversight Council.
The House bill contained no similar provision.
The House recedes with a technical amendment.

Subtitle B--Environmental Provisions

Establishment of additional environmental restoration account and use
of accounts for operation and monitoring of environmental
remedies (sec. 311)
The Senate amendment contained a provision (sec. 341)
that would amend section 2703 of title 10, United States Code,
to designate an account for formerly used defense sites within
the Environmental Restoration Account (ERA), and to ensure that
all site closeout activities would be funded by an appropriate
ERA.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Certain environmental restoration activities (sec. 312)
The House bill contained a provision (sec. 313) that
would authorize the Secretary of Defense or the secretaries of
the military departments to use funds available in the
environmental restoration accounts (ERA), pursuant to section
2703 of title 10, United States Code, to permanently relocate
facilities. The authorization would be subject to secretarial
determination that permanent relocation was the most cost
effective environmental restoration option and would sunset in
three years. The provision would also limit the total funds
available to five percent of the funds deposited in an ERA for
a fiscal year.
The Senate amendment contained a similar provision (sec.
346), but made the authorization contingent upon a secretary's
written determination that such permanent relocation is part of
a response action that: (1) has the support of the affected
community; (2) has the approval of relevant regulatory
agencies; and (3) is the most cost effective response action
available. The authority would terminate after September 30,
2003, and be subject to a five percent funding cap within each
fiscal year for the funds available under section 2703. The
secretary concerned would also be required to provide an annual
report to the congressional defense committees on each response
action for which there has been a written determination made
under this provision.
The Senate recedes with a technical amendment.
The conferees expect the Department of Defense to use
this authority judiciously, and to ensure that funds are used
only for legitimate environmental restoration priorities.
Moreover, the conferees intend that this provision will allow
for a flexible approach to environmental restoration at certain
formerly used defense sites where progress has been slow.
Annual reports under Strategic Environmental Research and Development
Program (sec. 313)
The Senate amendment contained a provision (sec. 343)
that would modify the current reporting requirement for the
Science Advisory Board to allow for its inclusion in the annual
report for the Strategic Environmental Research and Development
Program.
The House bill contained no similar provision.
The House recedes.
Payment of fines and penalties for environmental compliance at Fort
Wainwright, Alaska (sec. 314)
The Senate amendment contained a provision (sec. 342)
that would require the Secretary of Defense or the secretaries
of the military departments to seek congressional authorization
prior to paying any fine or penalty imposed by a Federal agency
for an environmental compliance violation if the fine or
penalty amount agreed to is $1.5 million or more. Supplemental
environmental projects carried out as part of fine or penalty
for amounts $1.5 million or more and agreed to after the
enactment of this Act would also require specific authorization
by law.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense or the Secretary of the Army to pay no
more than $2.0 million in settlement for a $16.07 million
notice of violation issued on March 5, 1999, by the
Administrator of the Environmental Protection Agency at Fort
Wainwright, Alaska.
The conferees note that a number of questions have been
raised about the manner in which environmental compliance fines
and penalties are assessed by state and federal enforcement
authorities. Therefore, the conferees direct the Secretary of
Defense to submit a report to the congressional defense
committees no later than March 1, 2002, that includes an
analysis of all environmental compliance fines and penalties
assessed and imposed at military facilities during fiscal years
1995 through 2001. The analysis shall address the criteria or
methodology used by enforcement authorities in initially
assessing the amount of each fine and penalty. Any current or
historical trends regarding the use of such criteria or
methodology shall be identified.
Payment of fines or penalties imposed for environmental compliance
violations at other Department of Defense facilities (sec. 315)
The House bill contained a provision (sec. 311) that
would authorize the payment of certain fines and penalties, or
to carry out supplemental environmental projects in accordance
with section 8149 of the Department of Defense Appropriations
Act for Fiscal Year 2000. The Secretary of the Army would be
specifically authorized to pay following supplemental
environmental projects carried out in satisfaction of an
assessed fine or penalty: (1) $993,000 for Walter Reed Army
Medical Center, Washington, D.C.; (2) $377,250 for Fort
Campbell, Kentucky; (3) $20,701 for Fort Gordon, Georgia; (4)
$78,500 for Pueblo Chemical Depot, Colorado; (5) $20,000 for
Deseret Chemical Depot, Utah. The Secretary of the Navy would
be specifically authorized to pay the following fines and
penalties: (1) $108,000 for Allegany Ballistics Laboratory,
West Virginia; and (2) $5,000 for Naval Air Station, Corpus
Christi, Texas.
The Senate amendment contained a similar provision (sec.
344) that would authorize an additional fine of $7,975 for Fort
Sam Houston, Texas.
The House recedes with an amendment that would authorize
an additional fine of $1,650 imposed at Quantico, Virginia.
The conferees are pleased with the Army's most recent
efforts to reduce the level of fines and penalties received.
Reimbursement for certain costs in connection with the former Nansemond
Ordnance Depot Site, Suffolk, Virginia (sec. 316)
The Senate amendment contained a provision (sec. 345)
that would authorize the Secretary of Defense to pay not more
than $98,210 from the Environmental Restoration, Formerly Used
Defense Sites Account to reimburse the Nansemond Ordnance Depot
Site Special Account of the Hazardous Substance Superfund,
established by the Internal Revenue Code of 1986 (26 U.S.C.
9507). The reimbursement would be for oversight costs incurred
by the U.S. Environmental Protection Agency (EPA) on a time
critical removal action at the Former Nansemond Ordnance Depot
performed by the Department of Defense (DOD) under the
Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) (42 U.S.C. 9601 et seq.) and the Defense
Environmental Restoration Program (10 U.S.C. 2701 et seq.).
The House bill contained no similar provision.
The House recedes.
The conferees direct the Department of Defense and the
military departments to continue to seek congressional
authorization prior to reimbursing EPA for any oversight costs
incurred at environmental restoration sites where the DOD or
the military departments have incurred liability under CERCLA.
Necessity of military low-level flight training to protect national
security and enhance military readiness (sec. 317)
The House bill contained a provision (sec. 312) that
would mandate that any environmental impact statement
completed, as of the date of the enactment of this Act, for
each special use airspace designated by a military department
for the performance of low-level training flights satisfy all
future requirements of the National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321 et seq.).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide,
consistent with existing law, that NEPA does not require a
programmatic, nation-wide environmental impact statement for
low level flight training as a precondition to the use of any
airspace by a military department for the performance of low-
level training flights.
Ship disposal project (sec. 318)
The Senate amendment contained a provision (sec. 347)
that would direct the Secretary of the Navy to continue to
carry out a ship disposal project in fiscal year 2001 and to
use competitive contracting procedures to award task orders
within the ship disposal project. The provision would also
direct the Secretary to submit, not later than December 31,
2000, a report to the congressional defense committees on the
ship disposal project.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Defense Environmental Security Corporate Information Management Program
(sec. 319)
The Senate amendment contained a provision (sec. 348)
that would direct the Secretary of Defense to submit, not later
than 60 days after the date of the enactment of this Act, a
report to the congressional defense committees on the Defense
Environmental Security Corporate Information Management
(DESCIM) Program. The report would contain specific
recommendations regarding the future mission of the DESCIM
Program and address issues of concern within the Department of
Defense.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the
Chief Information Officer of the Department of Defense (DOD) to
ensure management and oversight of the DESCIM program
consistent with: the Clinger-Cohen Act of 1996 (42 U.S.C. 1401
et seq.); section 331(a) of the National Defense Authorization
Act for Fiscal Year 1999 (10 U.S.C. 2223); DOD Directives
5000.1, 5000.2-R, 5237.1; and all other statutes, directives,
regulations, and management controls that are applicable to
investments in information technology and related services.
The conferees remain concerned about evidence of
mismanagement of the DESCIM program. The conferees note the
nominal return on an investment of about $100.0 million.
Report on Plasma Energy Pyrolysis System (sec. 320)
The Senate amendment contained a provision (sec. 349)
that would require the Secretary of the Army to submit, not
later than October 1, 2000, a report to the congressional
defense committees that includes the Army's analysis and
recommendations regarding future applications for both phases
of the Plasma Energy Pyrolysis System (PEPS) technology (PE
62720A).
The House bill contained no similar provision.
The House recedes with an amendment that would change the
date for submission of the report to February 1, 2001.
Sense of Congress regarding environmental restoration of former defense
manufacturing site, Santa Clarita, California (sec. 321)
The House bill contained a provision (sec. 314) that
would express the sense of Congress that every effort should be
made to apply all known public and private sector innovative
technologies to restore the Santa Clarita site to productive
use.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike
the original findings.

Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

Use of appropriated funds to cover operating expenses of commissary
stores (sec. 331)
The House bill contained a provision (sec. 321) that
would authorize the Defense Commissary Agency to use
appropriated funds to cover expenses of operating stores and
central product processing facilities.
The Senate amendment contained no similar provision.
The Senate recedes.
Adjustment of sales prices of commissary store goods and services to
cover certain expenses (sec. 332)
The House bill contained a provision (sec. 322) that
would require the Defense Commissary Agency to adjust prices of
goods and services to cover losses from shrinkage, spoilage,
and pilferage, as well as the cost of first destination
transportation.
The Senate amendment contained no similar provision.
The Senate recedes.
Use of surcharges for construction and improvement of commissary stores
(sec. 333)
The House bill contained a provision (sec. 323) that
would authorize the Secretary of Defense to use proceeds solely
from the commissary surcharge for acquisition, construction,
conversion, expansion, improvement, repair, maintenance, and
equipping commissaries or to cover environmental evaluation and
construction costs, including surveys and similar expenses
related to commissary construction.
The Senate amendment contained no similar provision.
The Senate recedes.
Inclusion of magazines and other periodicals as an authorized
commissary merchandise category (sec. 334)
The House bill contained a provision (sec. 324) that
would add magazines and other periodicals as an authorized
merchandise category for sale in commissaries.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to
promulgate policy guidance that would limit the display of
magazines and other periodicals in commissaries to the
immediate area of the checkout lanes.
Use of most economical distribution method for distilled spirits (sec.
335)
The House bill contained a provision (sec. 325) that
would authorize military exchanges to use private distributors
to distribute distilled spirits in those cases in which such an
option is determined to be the most cost-effective means of
distribution.
The Senate amendment contained an identical provision
(sec 369).
The conference agreement includes this provision.
Report on effects of availability of slot machines on United States
military installations overseas (sec. 336)
The House bill contained a provision (sec. 326) that
would require the Secretary of Defense to submit to the
Congress, not later than March 31, 2001, a report evaluating
the effect of the ready availability of slot machines as a
morale, welfare and recreation activity on United States
military installations overseas on members of the armed forces,
their dependents, and others who use the slot machines.
The Senate amendment contained no similar provision.
The Senate recedes.

Subtitle D--Department of Defense Industrial Facilities

Designation of Centers of Industrial and Technical Excellence and
public-private partnerships to increase utilization of such
centers (sec. 341)
The Senate amendment contained a provision (sec. 332)
that would amend section 2474 of title 10, United States Code,
to devolve the authority to designate the depot-level
activities of the Department of Defense and the military
departments to the respective secretaries of the military
departments, including the arsenals and ammunition plants of
the U.S. Army. The provision would also expand the activities
authorized to be conducted at these centers by employees of the
center, the private sector, or other entities outside the
Department of Defense, to include the performance of work under
contract, or subcontract, in any of the core competencies of
the center; the performance of other depot-level maintenance
and repair related to the core competencies at the center; or
other work by the private sector that is not related to the
core competencies of the center that requires theuse of any
facility or equipment of the center that are not fully utilized by a
military department for its own production and maintenance
requirements. The full costs of work performed by the employees of the
center under contract from the private sector must be charged to the
contract. Any revenues generated, by rents or through other mechanisms,
by private sector use of facilities and equipment at these centers
would be available to offset the costs of facility operations,
maintenance, and environmental restoration at the center where the
leased property is located. The provision would also include a loan
guarantee program to encourage the private sector to participate in the
public-private partnerships established in the centers.
The House bill contained no similar provision.
The House recedes with an amendment that would not
include ammunition plants or arsenals under section 2474. The
amendment would also authorize, rather than require, the
secretary of a military department to allow centers to enter
into public-private partnerships. Furthermore, the amendment
would limit the work conducted at a center to work that is
related to the core competencies of the center. Finally, rather
than authorize a new loan guarantee program, the amendment
would require the Secretary of Defense to provide the Congress
with a report on the extent to which a loan guarantee program
modeled after the loan guarantee program in the Armament
Retooling and Manufacturing Support Program would help to
achieve the objectives of section 2474.
Unutilized and underutilized plant-capacity costs of United States
arsenals (sec. 342)
The Senate amendment contained a provision (sec. 335)
that would prohibit the inclusion of the cost of unutilized or
under utilized plant capacity in the evaluation of bids for the
contracting of the arsenal to provide a good or service to a
U.S. Government organization.
The House bill had no similar provision.
The House recedes with a technical amendment.
Arsenal support program initiative (sec. 343)
The House bill contained a provision (sec. 113) that
would extend the Armament Retooling and Manufacturing Support
(ARMS) program by one year and authorize the Army manufacturing
arsenals to take part in the program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish
a separate two year arsenal support demonstration program with
authorities similar to those provided by the ARMS program.
Codification and improvement of armament retooling and manufacturing
support programs (sec. 344)
The Senate amendment contained a provision (sec. 331)
that would amend Part IV of subtitle B of title 10, United
States Code, to make certain changes and codify the Armament
Retooling and Manufacturing Support (ARMS) Initiative. The
provision would expand the objectives of the program to include
a reduction of the cost of ownership and/or disposal of
ammunition plants, to enhance best business practices, and
foster cooperation with the private sector at these facilities.
The provision would also make it easier for non-federal
entities to use excess capacity at these facilities, and offset
the costs to the Federal Government of ownership by allowing
revenues generated through private sector use to be applied to
overhead and production costs.
The House bill contained no similar provision.
The House recedes with an amendment that would not
further expand the use of the ARMS program to excess facilities
or allow an ARMS facility to use contracts, leases, or other
agreements for activities not traditionally associated with the
ARMS program, unless approved by the Secretary of the Army.

Subtitle E--Performance of Functions by Private-Sector Sources

Inclusion of additional information in reports to Congress required
before conversion of commercial or industrial type functions to
contractor performance (sec. 351)
The House bill contained a provision (sec. 331) that
would require the Secretary of Defense to provide the Congress
with additional information before converting commercial or
industrial functions to contractor performance. The additional
information would include a certification that funds are
specifically budgeted for conversion analysis, the date on
which the analysis was initiated, and the number of Department
of Defense civilians that would be adversely affected by the
proposed conversion.
The Senate amendment contained a similar provision (sec.
366(b)).
The Senate recedes with an amendment that would require
the Secretary of Defense to identify the funding source for the
conversion analysis and the number of Department of Defense
civilians who will be terminated or otherwise affected by the
proposed conversion. The amendment would also require the
Secretary to include the estimated economic impact of the
change and a certification that the factors considered in the
examinations performed, and the decisions made, did not include
any predetermined personnel constraint or limitation in terms
of man-years, end strength, full-time equivalent positions, or
maximum number of employees.
Effects of outsourcing on overhead costs of Centers of Industrial and
Technical Excellence and Army ammunition plants (sec. 352)
The Senate amendment contained a provision (sec. 333)
that would require the Secretary of Defense to submit a report
to Congress 30 days prior to entering into a contract that
would result in moving workload performed by 50 or more
employees from a center or ammunition plant. The report should
describe the impact of any reduction in workload at a center or
ammunition plant as a result of a contract and describe the
overhead costs of that facility.
The House bill contained no similar provision.
The House recedes with an amendment that would increase
the waiting period from 30 to 60 days.
Consolidation, restructuring, or re-engineering of Department of
Defense organizations, functions, or activities (sec. 353)
The House bill contained a provision (sec. 364) that
would prohibit the Secretary of Defense from initiating
manpower reductions at organizations or activities, or within
functions, that are commercial, commercial exempt from
competition, military essential, or inherently governmental
until the Secretary submits a report to Congress outlining the
elements to be analyzed, the location and a description of the
elements, the number of civilian or military personnel that
would be affected, the cost of performance, and a certification
that the decision is not the result of predetermined
constraints or limitations on Department of Defense personnel.
The provision would also require the Secretary of Defense to
submit to the Armed Services Committees of the Senate and the
House of Representatives a report on any decision on
consolidation or re-engineering if such action would eliminate
11 or more positions. The provision would also require the
Comptroller General to review and to audit the findings of the
Secretary of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to provide annually to Congress the
Department's Strategic Sourcing Plan. The provision would also
require that the Secretary of Defense provide a report to
Congress outlining the results of the analysis performed for
those elements when an action would result in a manpower
reduction affecting 50 or more personnel. The Secretary could
not implement the results of the analysis until 30 days after
providing the Congress with the required report. This provision
would not apply to the transfer of military units between
locations.
Monitoring of savings resulting from workforce reductions as part of
conversion of functions to performance by private sector or
other strategic sourcing initiatives (sec. 354)
The Senate amendment contained a provision (sec. 366)
that would require the Secretary of Defense to establish a
system for monitoring the performance of functions of the
Department of Defense that are performed by 50 or more
employees of the Department and have been subjected to a review
to determine whether the function should be performed by
federal employees or a private sector workforce. The provision
would also establish three performance measures, including the
costs incurred, the savings derived, and the value of the
performance by the selected workforce measured against the
costs of the performance of the workload by the workforce at
the beginning of the review. The provision would also require
the Secretary of Defense to provide to the Congress with an
annual report that outlines the results of the performance
reviews conducted over the previous years.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the report provided by the Secretary of Defense to the Congress
regarding the results of past performance reviews to include
those reviews conducted over the previous five years. The
report would compare the costs to perform the function before
and after the review, and the anticipated savings from the
review to the actual savings realized.
Performance of emergency response functions at chemical weapons storage
installations (sec. 355)
The Senate amendment contained a provision (sec. 364)
that would prohibit the Secretary of the Army from converting
to contractor performance the emergency response functions of
any chemical weapons storage installation currently performed
by U.S. Government employees until the Secretary provides a
certification to the Committees on Armed Services of the Senate
and the House of Representatives.
The House bill contained no similar provision.
The House recedes with an amendment that reiterates the
responsibility of the Secretary to enforce section 2465 of
title 10, United States Code.
Suspension of reorganization or relocation of Naval Audit Service (sec.
356)
The Senate amendment contained a provision (sec. 367)
that would require the Secretary of the Navy to provide the
congressional defense committees a report outlining the plans
and justification for the reorganization of the Naval Audit
service 60 days before consolidating the functions of the
service currently performed at its primary East and West Coast
locations to Washington, DC.
The House bill contained no similar provision.
The report accompanying H.R. 4205 (House Report 106-616)
directed the Secretary to wait 180 days before consolidating
all activities in Washington.
The House recedes with an amendment that would require
the Secretary to wait 180 days before proceeding with the
consolidation.

Subtitle F--Defense Dependents Education

Eligibility of dependents of American Red Cross employees for
enrollment in Department of Defense domestic dependent schools
in Puerto Rico (sec. 361)
The House bill contained a provision (sec. 342) that
would authorize the Secretary of Defense to permit the
dependents of certain American Red Cross employees in Puerto
Rico to enroll in Department of Defense Domestic Dependent
Schools.
The Senate amendment contained a similar provision (sec.
1053).
The Senate recedes with a clarifying amendment.
Assistance to local educational agencies that benefit dependents of
members of the armed forces and Department of Defense civilian
employees (sec. 362)
The House bill contained a provision (sec. 341) that
would authorize $35.0 million for educational assistance to
local educational agencies where the standard for the minimum
level of education within the state could not be maintained
because of the large number of military connected students.
The Senate amendment contained no similar provision.
The Senate recedes.
Impact aid for children with severe disabilities (sec. 363)
The Senate amendment contained a provision (sec. 311)
that would authorize $20.0 million in Operation and
Maintenance, Defense-wide activities for impact aid payments
for children with disabilities under section 8003(d) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(d)).
The House bill contained no similar provision.
The House recedes with an amendment that would, effective
October 1, 2001, establish a formula under which the Secretary
of Defense would distribute funds, if appropriated for that
purpose, for impact aid for disabled children.
Assistance for maintenance, repair, and renovation of school facilities
that serve dependents of members of the Armed Forces and
Department of Defense civilian employees (sec. 364)
The Senate amendment contained a provision (sec. 379)
that would authorize the Secretary of Defense to make a grant
to an eligible local educational agency to assist the agency in
maintenance, repair, and renovation projects.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
authorization to fiscal year 2001.

Subtitle G--Military Readiness Issues

Measuring cannibalization of parts, supplies, and equipment under
readiness reporting system (sec. 371)
The House bill contained a provision (sec. 351) that
would amend section 117 of title 10, United States Code, to
include equipment cannibalization rates in the quarterly
readiness reports to Congress. The provision would also require
the monthly readiness report to include a description of the
funding proposed in the President's budget request to address
each deficiency in readiness identified during the joint
readiness review conducted for the first quarter of the current
fiscal year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend
section 117 of title 10, United States Code, to include
cannibalization rates. The requirement for the Secretary of
Defense to outline the funding proposed in the President's
budget request to address each deficiency in readiness
identified during the joint readiness review is addressed
elsewhere in this conference agreement.
Reporting requirements regarding transfers from high-priority readiness
appropriations (sec. 372)
The House bill contained a provision (sec. 352) that
would include Combat Enhancement Forces and Combat
Communications as high priority appropriations to be included
in reports required by section 483 of title 10, United States
Code, and require that other appropriations involved in
transfers to, or transfers from, high priority accounts be
identified in those same reports. The provision would also
strike the termination date for this report.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Effects of worldwide contingency operations on readiness of military
aircraft and equipment (sec. 373)
The Senate amendment contained a provision (sec. 361)
that would require the Secretary of Defense to submit a report
to Congress on the effects of worldwide contingency operations
on the aircraft of the Navy, Marine Corps, and Air Force, and
the ground equipment of the Army and Marine Corps. The report
shall include the assessment of the Secretary of the effects of
such operations on the ability of the Department of Defense to
maintain a high level of readiness.
The House bill contained no similar provision.
The House recedes with an amendment that would include
the effect that contingency operations are having on the
readiness of the aircraft and the ground equipment of each of
the military services.
Identification of requirements to reduce backlog in maintenance and
repair of defense facilities (sec. 374)
The House bill contained a provision (sec. 353) that
would require the Secretary of Defense to develop and annually
update a strategic plan for the reduction of the backlog in
real property maintenance.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to identify the funds necessary to reduce the
backlog of real property maintenance and report that
requirement to the Congress.
New methodology for preparing budget requests to satisfy Army readiness
requirements (sec. 375)
The Senate amendment contained a provision (sec. 362)
that would require the Secretary of the Army to develop a new
methodology to be used in preparing a budget request that more
accurately reflects the Army's requirements. This methodology
should be based on the level of training required to maintain
essential readiness, the cost of conducting such training, and
the cost of all other Army operations, including the cost of
meeting its infrastructure requirements. This methodology
should be used in the preparation of the fiscal year 2002
budget request.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Review of AH-64 aircraft program (sec. 376)
The Senate amendment contained a provision (sec. 378)
that would require the Comptroller General to conduct a study
of the Army's AH-64 aircraft program to determine if the
readiness of the program is adversely affected by lack of
funding for modern parts, upgrades, and technical support.
The House bill contained no similar provision.
The House recedes.
Report on Air Force spare and repair parts program for C-5 (sec. 377)
The Senate amendment contained a provision (sec. 1027)
that would require the Secretary of the Air Force to submit a
report to the congressional defense committees on the overall
status of the spare and repair parts program of the Air Force
for the C-5 aircraft.
The House amendment contained no similar provision.
The House recedes.

Subtitle H--Other Matters

Annual report on public sale of certain military equipment identified
on United States Munitions List (sec. 381)
The House bill contained a provision (sec. 362) that
would require the Secretary of Defense to provide an annual
report to the Committees on Armed Services of the Senate and
the House of Representatives identifying each public sale
conducted by a military department or defense agency of
military items that are identified on the United States
Munitions List 22 C.F.R. 121.1, and assigned a demilitarization
code of B or its equivalent.
The Senate amendment contained no similar provision.
The Senate recedes.
Resale of armor-piercing ammunition disposed of by the Army (sec. 382)
The Senate amendment contained a provision (sec. 370)
that would require the Secretary of the Army to ensure that
excess armor-piercing ammunition that is not transferred to law
enforcement or other governmental agencies or made available
for foreign military sales, is not sold to the public. The
requirement would not apply to the non-armor-piercing
components of that ammunition, but such components could not be
used to produce armor-piercing ammunition for sale to civilian
purchasers.
The House had no similar provision.
The House recedes.
Reimbursement by civil air carriers for support provided at Johnston
Atoll (sec. 383)
The Senate amendment contained a provision (sec. 373)
that would authorize the Secretary of the Air Force to require
reimbursement by a civil air carrier for support provided by
the United States to that carrier at Johnston Atoll that is
either requested by the carrier, or determined to be necessary
to accommodate the carrier's use of Johnston Atoll. The
reimbursement shall be equal to the actual costs incurred by
the United States, and shall be credited to either Air Force
operation and maintenance accounts or to the Army chemical
demilitarization accounts.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Travel by Reserves on military aircraft (sec. 384)
The Senate amendment contained a provision (sec. 692)
that would authorize reservists traveling to a place of annual
training or inactive duty training to travel space-required on
military aircraft between the member's home and the place of
such duty or training, and would make reservists eligible
forspace-available travel on military aircraft for travel outside the
United States.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
that the space-required travel in conjunction with training or
reserve duty is both to and from their home, and that would not
permit reservists to use space-available travel on military
aircraft.
Overseas airlift service on Civil Reserve Air Fleet aircraft (sec. 385)
The Senate amendment contained a provision (sec. 376)
that would amend section 41106 of title 49, United States Code,
to require that the Department of Defense (DOD) procure
transportation from air carriers with aircraft in the Civil
Reserve Air Fleet for travel from a place in the United States
to a place outside the United States, and to the extent
practicable, between two locations outside the United States.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Additions to plan for ensuring visibility over all in-transit end items
and secondary items (sec. 386)
The Senate amendment contained a provision (sec. 363)
that would amend section 349 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261) by including specific requirements for monitoring and
measuring implementation of the plan to ensure visibility over
in-transit inventory items. The requirements would include the
assignment of oversight responsibility for each action required
to address weaknesses in the controls over in-transit items, a
description of the resources required for oversight, and an
estimate of the annual cost of oversight.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Reauthorization of pilot program for acceptance and use of landing fees
charged for use of domestic military airfields by civil
aircraft (sec. 387)
The Senate amendment contained a provision (sec. 372)
that would extend through fiscal year 2010 the authority of the
service secretary concerned to accept payments for the use of
domestic military and shared use airfields by civil aircraft
and to use those payments for the operation and maintenance of
the airfield.
The House bill contained no similar provision.
The House recedes.
Extension of authority to sell certain aircraft for use in wildfire
suppression (sec. 388)
The Senate amendment contained a provision (sec. 375)
that would extend through fiscal year 2005 the authority of the
Secretary of Defense to sell excess aircraft and spare parts to
persons or entities that contract with the Federal Government
for the delivery of fire retardant by air in order to suppress
wildfires.
The House bill contained no similar provision.
The House recedes.
Damage to aviation facilities caused by alkali silica reactivity (sec.
389)
The Senate amendment contained a provision (sec. 371)
that would require the Secretary of Defense to test the use of
lithium salts to preserve runway integrity and provide the
congressional defense committees with a report outlining its
success in mitigating the impact of alkali silica reactivity
(ASR).
The House bill contained no similar provision.
The House recedes with an amendment that would require a
pilot program to review the problems of ASR at environmentally
diverse facilities of the military services.
Demonstration project to increase reserve component internet access and
services in rural communities (sec. 390)
The Senate amendment contained a provision (sec. 314)
that would authorize a demonstration project for the National
Guard to provide internet access to government offices in rural
areas.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the National Guard to provide internet access to Guard and
other military reserve offices in rural areas. The provision
would also require the Secretary of the Army to provide the
congressional defense committees with a report and
recommendations regarding the expansion of this demonstration
project to other offices.
Additional conditions on implementation of Defense Joint Accounting
System (sec. 391)
The Senate amendment contained a provision (sec. 380)
that would postpone the milestone III decision to field the
Defense Joint Accounting System (DJAS) until the Secretary of
Defense conducts an analysis of the requirement for the DJAS
and certifies to Congress that this warrants deployment.
The House bill amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to outline more specifically the need
for the System.
The conferees note that this provision would supercede
the direction provided by House report accompanying H.R. 4204
(H. Rept. 106-616).
Report on Defense Travel System (sec. 392)
The Senate amendment contained a provision (sec. 377)
that would require the Secretary of Defense to submit a report
on the development, fielding, schedule, and potential cost
savings expected to result from the deployment of the Defense
Travel System.
The House bill contained no similar provision.
The House recedes with an amendment that would strike the
limitation on the use of funds for this system. The conferees
direct the Secretary of Defense to submit a prior notification
reprogramming to the congressional defense committees before
the transfer of any funds for this program.
Review of Department of Defense costs of maintaining historical
properties (sec. 393)
The Senate amendment contained a provision (sec. 374)
that would require the Comptroller General to conduct a review
of the annual costs incurred by the Department of Defense in
complying with the requirements of the National Historic
Preservation Act (NHPA) (16 U.S.C. 470 et seq.). The provision
would require the Comptroller General to provide the
congressional defense committees with a report of the results
of the review, including the projected costs of maintaining
these properties over the next 10 years, an analysis of
maintaining only those properties which originally qualified as
historic properties when the NHPA was first enacted, the
accounts used for paying the costs to comply with the NHPA, and
the identity of all properties that must be maintained in order
to comply with the NHPA.
The House bill contained no similar provision
The House recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority to ensure demilitarization of significant military equipment
formerly owned by the Department of Defense
The House bill contained a provision (sec. 361) that
would authorize the Secretary of Defense to require the owner
of significant military equipment formerly owned by the
Department of Defense to demilitarize that equipment or return
it to the Department of Defense for demilitarization.
The Senate amendment had no similar provision.
The House recedes.
The conferees note that although the provision intended
to address congressional concerns regarding the release of un-
demilitarized military equipment to the public by the
Department of Defense, the provision could have serious
unintended consequences for legitimate owners of former
military equipment, such as museums and ceremonial display
organizations. The conferees direct the Secretary of Defense to
reassess its approach for the recovery of un-demilitarized
military equipment in a way that will not affect legitimate
owners of former military equipment.
Close-in weapon system overhauls
The Senate amendment contained a provision (sec. 319)
that would provide $391.8 million for weapons maintenance
including $10.0 million for close-in weapon system overhauls.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $10.0 million in the
operation and maintenance account of the Navy for overhauls of
the close-in weapon system.
Industrial mobilization capacity at government-owned, government-
operated army ammunition facilities and arsenals
The Senate amendment contained a provision (sec. 318)
that would provide $51.28 million to fund the cost of
maintaining the industrial mobilization capacity at Army
ammunition facilities and arsenals.
The House bill contained no similar provision.
The Senate recedes.
Investment of commissary trust revolving fund
The Senate amendment contained a provision (sec. 368)
that would authorize the Secretary of Defense to invest a
portion of the Commissary Trust Revolving Fund in public debt
securities.
The House bill contained no similar provision.
The Senate recedes.
MK-45 overhaul
The Senate amendment contained a provision (sec. 317)
that would authorize the expenditure of $12.0 million for the
overhaul of MK-45 five inch guns.
The House bill had no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $12.0 million for the
overhaul of these guns in the Navy's operation and maintenance
account.
Mounted urban combat training site, Fort Knox
The Senate amendment contained a provision (sec. 316)
that would authorize the expenditure of $4.0 million for
trainingrange upgrades at the mounted urban combat training
site, Fort Knox, Kentucky.
The House bill had no similar provision.
The Senate recedes.
National Guard assistance for certain youth and charitable
organizations
The House bill contained a provision (sec. 365) that
would amend section 508 of title 32, United States Code, to
include other youth or charitable organizations designated by
the Secretary of Defense among those organizations eligible to
receive assistance from the National Guard.
The Senate amendment contained no similar provision.
The House recedes.
Notice of use of radio frequency spectrum by a system entering
engineering and manufacturing development
The Senate bill contained a provision (sec. 365) that
would require the Secretary of Defense to submit a report to
the congressional defense committees before a new weapon system
is acquired that would outline the frequency that the system
will use. The report would also include a statement of whether
the Department is designated as the primary user of that
frequency and, if not, the unique technical characteristics
that make it necessary to use that particular frequency, and a
description of the protections that the Department of Defense
has been given to ensure that it will not incur costs as a
result of current or future interference from other users of
that particular frequency.
The House amendment contained no similar provision.
The Senate recedes.
The conferees are concerned that in the past the
Department of Defense has pursued the development of weapons
systems utilizing portions of the radio frequency spectrum that
are not designated for military use. This can lead to
unintended interference between that system and a commercial
system licensed to use the same frequency. This interference
could then result in operational constraints, or expensive
redesign of the weapon system.
The conferees note that the Department of Defense is
implementing new procedures that are designed to ensure
adequate coordination of the military services' efforts to
develop new systems so that past problems with frequency
interference do not take place. The conferees direct the
Comptroller General to review these procedures and their
implementation and provide the Armed Services Committees of the
Senate and the House of Representatives with a report outlining
the extent to which they will prevent interference that would
result in operational constraints or expensive redesigns.
Revision of authority to waive limitation on performance of depot-level
maintenance
The Senate bill contained a provision (sec. 334) that
would amend section 2466 of title 10, United States Code, to
require the President of the United States, rather than the
secretary of the respective military department, to waive the
50 percent depot maintenance requirement for reasons of
national security.
The House amendment contained no similar provision.
The Senate recedes.
The conferees are concerned that the Secretary of the Air
Force has not taken the actions necessary to ensure the Air
Force complies with the requirement contained in section 2466
of title 10, United States Code, that 50 percent of all depot
maintenance funds of a military department be spent on depot
maintenance services provided by employees of the Federal
Government. The conferees believe that this requirement is
essential to maintain the core maintenance capability necessary
to preserve a ready and controlled source of repair and
maintenance.
Spectrum data base upgrades
The Senate amendment contained a provision (sec. 320)
that would provide a decrease of $10.0 million for spectrum
data base upgrades.
The House bill contained no similar provision.
The Senate recedes.
Use of humanitarian and civic assistance funding for pay and allowances
of special operations command reserves furnishing demining
training and related assistance as humanitarian assistance
The Senate bill contained a provision (sec. 322) that
would authorize pay and allowances from within funds for the
overseas humanitarian, disaster, and civic assistance account,
for reserve members of the Special Operations Command when
these reservists perform humanitarian demining activities.
The House amendment contained no similar provision.
The Senate recedes.
Weatherproofing of facilities at Keesler Air Force Base
The Senate amendment contained a provision (sec. 313)
that would authorize the expenditure of $2.8 million for the
weatherproofing of facilities at Keesler Air Force Base.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $2.8 million in the Air
Force operation and maintenance account for the weatherproofing
of these facilities.

Title IV--Military Personnel Authorizations

ITEMS OF SPECIAL INTEREST

Funding for Army Reserve Individual Mobilization Augmentees
The conferees are aware that projected fiscal year 2001
funding shortfalls within the Army Reserve have required that
limitations be placed on the number of days that Individual
Mobilization Augmentees (IMA) may serve on active duty. The
conferees are also aware that many Army Reserve IMAs serve
extended training tours in active component staffs and units,
and that the imposed limits will significantly reduce, in some
cases by as much half, the amount of support that IMAs may
provide to the active Army. Believing that IMAs provide
significant, critical support to the active Army, the conferees
strongly urge the Secretary of the Army to address the funding
shortfall expeditiously, either by transferring active military
personnel funding to reserve personnel accounts, or by other
means the Secretary considers appropriate.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Active Forces

End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that
would authorize active duty end strengths for fiscal year 2001,
as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army......................................................... 480,000 480,000 480,000
Navy......................................................... 372,037 372,000 372,642
Marine Corps................................................. 172,518 172,600 172,600
Air Force.................................................... 360,877 357,000 357,000
----------------------------------------------------------------------------------------------------------------

The Senate amendment contained a similar provision (sec.
401) that would authorize active duty end strengths for fiscal
year 2001, as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army......................................................... 480,000 480,000 480,000
Navy......................................................... 372,037 372,000 372,000
Marine Corps................................................. 172,518 172,600 172,600
Air Force.................................................... 360,877 357,000 357,000
----------------------------------------------------------------------------------------------------------------

The Senate recedes.
Revision in permanent end strength minimum levels (sec. 402)
The House bill contained a provision (sec. 402) that
would revise the active duty end strength floors to reflect the
end strengths in the budget request.
The Senate amendment contained no similar provision.
The Senate recedes.
Adjustment to end strength flexibility authority (sec. 403)
The House bill contained a provision (sec. 403) that
would authorize the secretary of a military department to
reduce active duty end strength below the floors when the
authorized end strength is equal to or higher than the minimum
end strength level.
The Senate amendment contained no similar provision.
The Senate recedes.

Subtitle B--Reserve Forces

End strengths for Selected Reserve (sec. 411)
The House bill contained a provision (sec. 411) that
would authorize Selected Reserve end strengths for fiscal year
2001, as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 350,000 350,000 350,706
Army Reserve................................................. 205,000 205,000 205,300
Navy Reserve................................................. 90,288 88,900 88,900
Marine Corps Reserve......................................... 39,624 39,500 39,558
Air National Guard of the United States...................... 106,678 108,000 108,000
Air Force Reserve............................................ 73,708 74,300 74,358
Coast Guard Reserve.......................................... 8,000 8,000 8,000
----------------------------------------------------------------------------------------------------------------

The Senate amendment contained a similar provision (sec.
411) that would authorize Selected Reserve end strengths for
fiscal year 2001, as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 350,000 350,000 350,088
Army Reserve................................................. 205,000 205,000 205,000
Navy Reserve................................................. 90,288 88,900 88,900
Marine Corps Reserve......................................... 39,624 39,500 39,558
Air National Guard of the United States...................... 106,678 108,000 108,022
Air Force Reserve............................................ 73,708 74,300 74,300
Coast Guard Reserve.......................................... 8,000 8,000 8,500
----------------------------------------------------------------------------------------------------------------

The House recedes with an amendment that would authorize
Selected Reserve end strengths for fiscal year 2001, as shown
below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 350,000 350,000 350,526
Army Reserve................................................. 205,000 205,000 205,300
Navy Reserve................................................. 90,288 88,900 88,900
Marine Corps Reserve......................................... 39,624 39,500 39,558
Air National Guard of the United States...................... 106,678 108,000 108,022
Air Force Reserve............................................ 73,708 74,300 74,358
Coast Guard Reserve.......................................... 8,000 8,000 8,000
----------------------------------------------------------------------------------------------------------------

End strengths for Reserves on active duty in support of the reserves
(sec. 412)
The House bill contained a provision (sec. 412) that
would authorize end strengths for reserves on active duty in
support of the reserves for fiscal year 2001, as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 22,430 22,448 23,154
Army Reserve................................................. 12,804 12,806 13,106
Navy Reserve................................................. 15,010 14,649 14,649
Marine Corps Reserve......................................... 2,272 2,203 2,261
Air National Guard of the United States...................... 11,157 11,148 11,148
Air Force Reserve............................................ 1,134 1,278 1,336
----------------------------------------------------------------------------------------------------------------

The Senate amendment contained a similar provision (sec.
412) that would authorize end strengths for reserves on active
duty in support of the reserves for fiscal year 2001, as shown
below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 22,430 22,448 22,974
Army Reserve................................................. 12,804 12,806 12,806
Navy Reserve................................................. 15,010 14,649 14,649
Marine Corps Reserve......................................... 2,272 2,203 2,261
Air National Guard of the United States...................... 11,157 11,148 11,170
Air Force Reserve............................................ 1,134 1,278 1,278
----------------------------------------------------------------------------------------------------------------

The Senate recedes with an amendment that would authorize
end strengths for reserves on active duty in support of the
reserves for fiscal year 2001, as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 22,430 22,448 22,974
Army Reserve................................................. 12,804 12,806 13,106
Navy Reserve................................................. 15,010 14,649 14,649
Marine Corps Reserve......................................... 2,272 2,203 2,261
Air National Guard of the United States...................... 11,157 11,148 11,170
Air Force Reserve............................................ 1,134 1,278 1,336
----------------------------------------------------------------------------------------------------------------

End strengths for military technicians (dual status) (sec. 413)
The House bill contained a provision (sec. 413) that
would authorize the minimum level of dual status technician end
strength for fiscal year 2001, as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 23,125 22,357 23,392
Army Reserve................................................. 6,474 5,271 5,921
Air National Guard of the United States...................... 22,247 22,221 22,247
Air Force Reserve............................................ 9,785 9,733 9,785
----------------------------------------------------------------------------------------------------------------

The Senate amendment contained a similar provision (sec.
413) that would authorize the minimum level of dual status
technician end strength for fiscal year 2001, as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 23,125 22,357 24,728
Army Reserve................................................. 6,474 5,271 5,249
Air National Guard of the United States...................... 22,247 22,221 22,221
Air Force Reserve............................................ 9,785 9,733 9,733
----------------------------------------------------------------------------------------------------------------

The House recedes with an amendment that would authorize
the minimum level of dual status technician end strength for
fiscal year 2001, as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 23,125 22,357 23,128
Army Reserve................................................. 6,474 5,271 5,921
Air National Guard of the United States...................... 22,247 22,221 22,247
Air Force Reserve............................................ 9,785 9,733 9,785
----------------------------------------------------------------------------------------------------------------

Fiscal year 2001 limitation on non-dual status technicians (sec. 414)
The Senate amendment contained a provision (sec. 414)
that would establish numerical limits on the number of non-dual
status technicians who may be employed in the Department of
Defense as of September 30, 2001, as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 1,180 1,600 1,600
Army Reserve................................................. 1,295 1,195 1,195
Air National Guard of the United States...................... 342 326 326
Air Force Reserve............................................ 0 0 0
----------------------------------------------------------------------------------------------------------------

The House bill contained no similar amendment.
The House recedes with an amendment that would establish
numerical limits on the number of non-dual status technicians
who may be employed in the Department of Defense as of
September 30, 2001, as shown below:

----------------------------------------------------------------------------------------------------------------
2000 2001
authorization 2001 request recommendation
----------------------------------------------------------------------------------------------------------------
Army National Guard of the United States..................... 1,180 1,600 1,600
Army Reserve................................................. 1,295 1,195 1,195
Air National Guard of the United States...................... 342 326 326
Air Force Reserve............................................ 0 0 10
----------------------------------------------------------------------------------------------------------------

Increase in numbers of members in certain grades authorized to be on
active duty in support of the Reserves (sec. 415)
The House bill contained a provision (sec. 414) that
would increase the control grades for reserves serving on
active duty or on full-time national guard duty in support of
the reserves. The provision would authorize 20 additional
colonels, 82 additional lieutenant colonels, 38 additional
majors, 97 additional E-9s and 90 additional E-8s in the Air
Force and 76 additional colonels, 219 additional lieutenant
colonels, 178 additional majors, 221 additional E-9s and 373
additional E-8s in the Army.
The Senate amendment contained a similar provision (sec.
415) that would authorize 20 additional colonels, 131
additional lieutenant colonels, 107 additional majors, 96
additional E-9s and 61 additional E-8s in the Air Force and 73
additional colonels, 163 additional lieutenant colonels, 8
additional majors, 17 additional E-9s and 83 additional E-8s in
the Army.
The House recedes with an amendment that would authorize
20 additional colonels, 75 additional lieutenant colonels, 88
additional majors, 97 additional E-9s, and 76 additional E-8s
in the Air Force and 58 additional colonels, 148 additional
lieutenant colonels, 89 additional majors, 119 additional E-9s
and 228 additional E-8s in the Army.
The conferees are concerned with the piecemeal manner in
which the reserve components are requesting increases to the
control grade limits. This is the third consecutive year in
which control grade tables for reserve officers on active duty
in support of the reserves have been adjusted. The conferees
strongly support the initiative in the House report
accompanying H.R. 4205, (H. Rept. 106-616) to require a
comprehensive approach to determining the appropriate control
grade limits for each of the reserve components. Therefore, the
conferees direct the Secretary of Defense to study the
requirements and force structure of the reserves on active duty
in support of the reserves and to recommend a permanent
solution for managing grade structure for these officers. In
conducting the study, the Secretary of Defense shall include
the following areas:
(1) the grade structure authorized for the active
duty forces and rationale for why the grade structure
for reserves on active duty in support of the reserves
should be different;
(2) explain any differences between required force
structure and authorized force structure for the
controlled grades;
(3) the need for independent grade limits for each
reserve component;
(4) the potential for repealing the current grade
tables in favor of a system that would manage grades
based on the grade authorized for the position occupied
by a service member; and
(5) the current mix within each reserve component
of traditional reservists, dual status technicians,
active component service members and reservists on
active duty in support of the reserves in each
controlled grade and how that mix for each component
might change over time under the Secretary's
recommended solution.
The conferees direct that the Secretary of Defense submit
a report of findings and recommendations to the Committees on
Armed Services of the Senate and the House of Representatives
not later than March 31, 2001.

Subtitle C--Other Matters Relating to Personnel Strengths

Authority for Secretary of Defense to suspend certain personnel
strength limitations during war or national emergency (sec.
421)
The House bill contained a provision (sec. 501) that
would authorize the Secretary of Defense to suspend, in time of
war or national emergency, the limits on the number of
personnel serving in certain grades.
Senate amendment contained a similar provision (sec.
421).
Senate recedes with a clarifying amendment.
Exclusion from active component end strengths of certain reserve
component members on active duty in support of the combatant
commands (sec. 422)
The Senate amendment contained a provision (sec. 422)
that would exempt a number, limited to not more than two-tenths
of one percent of the active duty end strength of the service
concerned, of reserve component members on active duty
performing special work in support of the armed forces and the
combatant commands from counting against the active component
end strengths.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
exemption to reserve component personnel below the grade of
brigadier general, or in the case of the Navy, rear admiral
(lower half) who perform active duty for special work in the
combatant commands and would limit the active duty time that
could be exempted to not more than 270 days.
Exclusion of Army and Air Force medical and dental officers from
limitation on strengths of reserve comissioned officers in
grades below brigadier general (sec. 423)
The House bill contained a provision (sec. 512) that
would exempt medical and dental officers from the calculation
of the number of officers in each grade authorized to serve in
an active status in a reserve component and would make the
procedures for calculating the number of officers serving in
controlled grades for the reserve components consistent with
the procedures used for the active component.
The Senate amendment contained a similar provision (sec.
423).
The Senate recedes with a clarifying amendment.
Authority for temporary increases in number of reserve component
personnel serving on active duty or full-time national guard
duty in certain grades (sec. 424)
The House bill contained a provision (sec. 515) that
would authorize the Secretary of Defense to increase the number
of reserve members serving on active duty in support of the
reserves in certain senior grades by the same percentage the
Secretary is authorized to increase end strength of that force
by section 115 of title 10, United States Code.
The Senate amendment contained a similar provision (sec.
424).
The House recedes with a clarifying amendment.

Subtitle D--Authorization of Appropriations

Authorization of appropriations for military personnel (sec. 431)
The House bill contained a provision (sec. 421) that
would authorize $75,801,666,000 to be appropriated to the
Department of Defense for military personnel.
The Senate amendment contained a provision (sec. 431)
that would authorize $75,632,266,000 to be appropriated to the
Department of Defense for military personnel.
The Senate recedes.
The conferees provide the following itemization of the
increases and decreases from the President's budget request
related to the military personnel accounts. These increases and
decreases do not include the additional funds included in the
Emergency Supplemental Act, 2000 (division B of Public Law 106-
246), which is authorized elsewhere in this conference
agreement.

MILITARY PERSONNEL ACCOUNTS
[Additions in millions]
------------------------------------------------------------------------
Conference
agreement
------------------------------------------------------------------------
ACTIVE END STRENGTH
Navy:
Add Recruiters (500)................................... 15.0
USS Houston (142)...................................... 3.5

RC END STRENGTH

Army National Guard:
Add AGR's (General Increase)........................... 14.5
Add AGR's (WMD CS Teams)............................... 2.0
Army Reserve Add AGR's (General Increase).................. 10.0
Air National Guard AGR's (WMD CS Teams).................... 1.2
Air Force Reserve:
Add AGR Recruiters (50)................................ 1.7
Add Red Horse AGR's (8)................................ 0.4
USMC Reserve Add AR's (58)................................. 1.9

COMPENSATION

Restructuring of basic pay tables for certain enlisted 88.0
members...................................................
Accelerate Buydown of Out-of-Pocket Housing Costs.......... 25.0
Increase Minimum Dislocation Allowance..................... 6.0
Family subsistence supplemental allowance for low-income 5.0
members...................................................
Revision of enlistment bonus authority..................... 10.0
Equity in computation of BAH for junior enlisted members... 10.0
Authorization of BAH for members w/out dependents on sea 30.0
duty......................................................
Retention bonus for members qualified in a critical 10.0
military skill............................................
Participation in Thrift Savings Plan....................... 1.0
Determinations of income-eligibility for special 3.0
supplemental food program.................................
Special duty assignment pay for enlisted members........... 25.0
Entitlement of Reserves not on active duty to special duty 8.0
assignment pay............................................
Authorization of special pay and accession bonus for 4.0
pharmacy officers.........................................
Separation pay for twice passed-over officers.............. 15.0
Reimburse Pet Quarantine Fees.............................. 1.0

RETIREMENT

Increase maximum number of reserve retirement points....... 4.0
Recruiting & Retention..................................... ...........
Army Enlistment/Reenlistment Bonuses....................... 20.0
Army Reserve College First................................. 5.0
Navy Enlistment/Reenlistment Bonuses....................... 20.0
USMC:
Enlistment Bonus....................................... 2.0
Selective Reenlistment Bonus........................... 4.0
College Fund........................................... 4.4
Air Force:
Selective Reenlistment Bonus........................... 29.0
College-to-USAF Enl. Program........................... 6.0
AF Reserve AGR Pilot Retention Bonus....................... 3.8

OTHER ISSUES

Army Reserve Funeral Honors................................ 2.7
Naval Reserve:
Reserve Annual Training................................ 2.4
Reserve ADT (CINC Support)............................. 13.4
Reserve ADT (Schools).................................. 3.0
ADSW (Voluntary Support)............................... 1.0
Inactive Duty for Training Travel...................... 1.5
USMC Reserve Active Duty for Special Work.................. 3.0
------------
Total Increases to Military Personnel Accounts....... 416.4
------------------------------------------------------------------------

MILITARY PERSONNEL ACCOUNTS
[Reductions in millions]
------------------------------------------------------------------------
Conference
agreement
------------------------------------------------------------------------
End Strength Underexecution:
Army................................................... 68.8
US Marine Corps........................................ 15.0
Air Force.............................................. 51.7
US Marine Corps Reserve................................ 0.7
Air National Guard..................................... 0.9
Unemployment Compensation:
Army................................................... 2.1
Navy................................................... 1.4
US Marine Corps........................................ 0.7
Air Force.............................................. 0.6
Permanent Change of Station:
Navy................................................... 2.0
Army Reserve........................................... 2.5
Other:
Air Force.............................................. 8.7
Army Reserve........................................... 2.1
Foreign Currency Fluctuation:
Army................................................... 117.0
Navy................................................... 35.0
US Marine Corps........................................ 9.6
Air Force.............................................. 97.6
------------
Total Reductions Military Personnel.................. 416.4
------------------------------------------------------------------------

LEGISLATIVE PROVISIONS NOT ADOPTED

Temporary exemption of Director of the National Security Agency from
limitations on number of Air Force officers above major general
The Senate amendment contained a provision (sec. 425)
that would temporarily exempt the Air Force officer serving as
the Director of the National Security Agency from the
limitations on the number of Air Force officers authorized to
serve on active duty in grades above major general.
The House bill contained no similar amendment.
The Senate recedes.

Title V--Military Personnel Policy

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Officer Personnel Policy

Eligibility of Army and Air Force reserve colonels and brigadier
generals for position vacancy promotions (sec. 501)
The Senate amendment contained a provision (sec. 501)
that would authorize the Secretary of the Army to use a single
selection board to recommend Army Reserve colonels and
brigadiergenerals for assignment to vacancy positions and to
recommend colonels and brigadier generals for promotion.
The House bill contained no similar provision.
The House recedes with an amendment that would extend
similar authority to the Secretary of the Air Force.
Flexibility in establishing promotion zones for Coast Guard Reserve
officers (sec. 502)
The Senate amendment contained a provision (sec. 502)
that would authorize the Secretary of Transportation the same
flexibility as secretaries of the military departments to
establish promotion zones for the reserve officers based on
service need.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Time for release of reports of officer promotion selection boards (sec.
503)
The Senate amendment contained a provision (sec. 503)
that would authorize the Secretary of Defense to make public
the names of officers recommended for promotion by a selection
board prior to approval of the recommendation of the board by
the President.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Clarification of requirements for composition of active-duty list
selection boards when reserve officers are under consideration
(sec. 504)
The House bill contained a provision (sec. 505) that
would amend section 612 of title 10, United States Code, to
specify that reserve officers serving on active duty may be
appointed to serve on promotion boards even though they are not
on the active-duty list.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority to issue posthumous commissions in case of members dying
before official recommendation for appointment or promotion is
approved by Secretary concerned (sec. 505)
The House bill contained a provision (sec. 502) that
would clarify that the secretary concerned may confer
posthumous commissions in cases where military members die
prior to approval of an official recommendation for appointment
or promotion.
The Senate amendment contained a similar provision (sec.
504).
The Senate recedes.
Technical corrections relating to retired grade rule for Army and Air
Force officers (sec. 506)
The House bill contained a provision (sec. 503) that
would eliminate conflicting provisions regarding the time-in-
grade requirement to retire at the current grade held by a
reserve component officer.
The Senate amendment contained a similar provision (sec.
509).
The House recedes.
Grade of chiefs of reserve components and directors of National Guard
components (sec. 507)
The Senate amendment contained a provision (sec. 510)
that would require the secretaries of the military departments
to, within 90 days of enactment of this Act, increase the grade
of the Chief of Army Reserve, Chief of Naval Reserve, Chief of
Air Force Reserve, Director of Army National Guard and Director
of Air National Guard to lieutenant general or, in the case of
the Navy, vice admiral.
The House bill contained no similar provision.
The House recedes with an amendment that would include
the Commander, Marine Forces Reserve, would retain the
requirements in current law that the reserve component chiefs
be joint qualified while extending the time period in which the
Secretary of Defense may waive the joint qualification
requirement by one year through fiscal year 2003, would require
the reserve component chief to be appointed to a three-star
grade within 12 months of enactment, and would amend section
525b, title 10, United States Code, to increase the current
limit on the number of officers that may serve on active duty
in grades above major general or, in the case of the Navy, rear
admiral, while maintaining the limit on the number of general
and flag officers.
Revision to rules for entitlement to separation pay for regular and
reserve officers (sec. 508)
The House bill contained a provision (sec. 517) that
would clarify that the separation of a reserve officer on
active duty who was not selected for promotion twice to the
same grade and who subsequently declines selective continuation
shall be considered subject to involuntary separation and
eligible for separation pay.
The Senate amendment contained a provision (sec. 573)
that would make an officer who has twice failed selection for
promotion to the next higher grade and who was offered the
opportunity to continue on active duty, and who declines this
offer, ineligible to receive involuntary separation pay.
The Senate recedes with an amendment that would make any
officer who twice fails selection for promotion to the next
higher grade, and is offered the opportunity to continue
onactive duty until the earliest point of eligibility for retirement
and declines this offer ineligible to receive separation pay. Any
officer who twice fails selection for promotion to the next higher
grade, is offered selective continuation for a period that would not
permit him to serve until eligible for retirement, and subsequently
declines this offer would be eligible for separation pay.

Subtitle B--Reserve Component Personnel Policy

Exemption from active-duty list for reserve officers on active duty for
a period of three years or less (sec. 521)
The House bill contained a provision (sec. 511) that
would exclude certain reserve component officers serving on
active duty for periods of three years or less from the active
duty list for promotion purposes.
The Senate amendment contained a similar provision (sec.
505).
The Senate recedes.
Termination of application requirement for consideration of officers
for continuation on the reserve active-status list (sec. 522)
The House bill contained a provision (sec. 513) that
would terminate the requirement that a reserve officer apply
for continuation on the reserve active-status list.
The Senate amendment contained a similar provision (sec.
508).
The House recedes.
Authority to retain Air Force reserve officers in all medical
specialties until specified age (sec. 523)
The House bill contained a provision (sec. 514) that
would authorize the Secretary of the Air Force to extend the
service of medical service corps and biomedical sciences
officers to age 67.
The Senate amendment contained a similar provision (sec.
507).
The Senate recedes with a clarifying amendment.
Authority for provision of legal services to reserve component members
following release from active duty (sec. 524)
The House bill contained a provision (sec. 516) that
would authorize legal services assistance to reservists, who
serve on active duty for more than 29 days, and their
dependents for a period not to exceed twice the length of time
served on active duty.
The Senate amendment contained a similar provision (sec.
695).
The House recedes with a clarifying amendment.
Extension of involuntary civil service retirement date for certain
reserve technicians (sec. 525)
The House bill contained a provision (sec. 518) that
would authorize the secretaries of the military departments to
retain certain non-dual status reserve technicians until age
60.
The Senate amendment contained no similar amendment.
The Senate recedes with a clarifying amendment.

Subtitle C--Education and Training

Eligibility of children of reserves for presidential appointment to
service academies (sec. 531)
The Senate amendment contained a provision (sec. 541)
that would make the children of members of the reserve
components and retired or retirement-eligible reservists
eligible for presidential appointments to the service academies
on the same basis as children of active duty or retired active
duty personnel.
The House bill contained no similar provision.
The House recedes.
Selection of foreign students to receive instruction at service
academies (sec. 532)
The Senate amendment contained a provision (sec. 542)
that would require the secretaries of the military departments
to give priority consideration among foreign students applying
for admission to the service academies to those who have a
national service obligation upon graduation from the academy.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Revision of college tuition assistance program for members of Marine
Corps Platoon Leaders Class program (sec. 533)
The House bill contained a provision (sec. 521) that
would authorize the use of the Marine Corps Platoon Leaders
Class tuition assistance program for the purpose of providing
educational assistance, to include legal training to
commissioned officers participating in the Platoon Leaders
Class program.
The Senate amendment contained a provision (sec. 544)
that would authorize members of the Marine Corps Platoon
Leaders Class to continue to receive tuition assistance while
in pursuit of an undergraduate degree. The Senate amendment
also contained a related provision (sec. 604) that would
clarify that the limitation on credible service computation as
a result of accepting tuition assistance applies only to
service as an enlisted member and not as a commissioned
officer.
The House recedes with an amendment that would combine
the three provisions.
Review of allocation of Junior Reserve Officers Training Corps units
among the services (sec. 534)
The House bill contained a provision (sec. 522) that
would require the Secretary of Defense to review and
redistribute the current service Junior Reserve Officers
Training Corps allocations for fiscal years 2001 through 2006
to ensure the most efficient and effective allocation of the
3,500 authorized programs.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority for Naval Postgraduate School to enroll certain defense
industry civilians in specified programs relating to defense
product development (sec. 535)
The House bill contained a provision (sec. 523) that
would authorize the Secretary of the Navy to enroll up to ten
defense-industry civilians at any one time at the Naval
Postgraduate School in a defense product development curriculum
leading to the award of a masters degree.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.

Subtitle D--Decorations, Awards, and Commendations

Limitation on award of Bronze Star to members in receipt of Imminent
Danger Pay (sec. 541)
The conference agreement includes a provision that would
limit the award of the Bronze Star Medal to members of the
armed forces who are eligible to receive Imminent Danger Pay at
the time of the events for which the medal is awarded.
Consideration of proposals for posthumous or honorary promotions or
appointments of members or former members of the armed forces
and other qualified persons (sec. 542)
The House bill contained a provision (sec. 533) that
would authorize members of Congress to request that the
secretary of a military department review a proposal for
posthumous or honorary promotion, or appointment of a member or
former member of the armed forces or other person. The
secretary of the military department would review the request
on the merits and provide the Committees on Armed Services of
the Senate and the House of Representatives and the member of
Congress who initiated the request written notice of one of the
following determinations:
(1) the request for appointment or promotion does
not warrant approval;
(2) the request for appointment or promotion
warrants approval on the merits and authorization in
law is required and recommended;
(3) the request for appointment or promotion
warrants approval on the merits and has been
recommended to the President as an exception to policy;
and
(4) the request for appointment or promotion
warrants approval on the merits and authorization in
law is required, but not recommended.
The Senate amendment contained no similar provision.
The Senate recedes.
Waiver of time limitations for award of certain decorations to certain
persons (sec. 543)
The House bill contained a provision (sec. 534) that
would waive the statutory time limitations for the award of the
Distinguished Flying Cross to individuals recommended by the
secretaries of the military departments.
The Senate amendment contained a similar provision (sec.
572).
The House recedes.
Addition of certain information to markers on graves containing remains
of certain unknowns from the U.S.S. Arizona who died in the
Japanese attack on Pearl Harbor on December 7, 1941 (sec. 544)
The House bill contained a provision (sec. 535) that
would require the Secretary of the Army, based on a review of
existing information related to the interment of unknown
casualties from the U.S.S. Arizona, to provide the Secretary of
Veterans Affairs with information to be added to the
inscriptions on the grave markers of those unknowns who are
interred at the National Memorial Cemetery of the Pacific in
Honolulu, Hawaii.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress on the court-martial conviction of Captain Charles
Butler McVay, commander of the U.S.S. Indianapolis, and on the
courageous service of the crew of that vessel (sec. 545)
The House bill contained a provision (sec. 536) that
would express the sense of Congress that the commander of the
U.S.S. Indianapolis, (then Captain) Charles Butler McVay, III,
was not culpable for the sinking of his ship and that the
President should award the Presidential Unit Citation to the
final crew of the U.S.S. Indianapolis for courage and fortitude
after the torpedo attack.
The Senate amendment contained a provision (sec. 575)
that would express the sense of Congress that, on the basis of
facts presented in a public hearing conducted by the Committee
on ArmedServices of the Senate on September 14, 1999, the
American people should now recognize Captain McVay's lack of
culpability for the loss of the U.S.S. Indianapolis and the lives of
the men who died as a result of the sinking; that Captain McVay's
military record now reflect that he is exonerated for the loss of his
ship and crew; and that Congress strongly encourages the Secretary of
the Navy to award a Navy Unit Commendation to the U.S.S. Indianapolis
and its final crew.
The House recedes with a clarifying amendment.
Posthumous advancement on retired list of Rear Admiral Husband E.
Kimmel and Major General Walter C. Short, senior officers in
command in Hawaii on December 7, 1941 (sec. 546)
The House bill contained a provision (sec. 537) that
would request the President to advance Rear Admiral (Retired)
Husband E. Kimmel, U.S. Navy, to admiral and Major General
(Retired) Walter C. Short, U.S. Army, to lieutenant general on
the retired list with no increase in compensation or benefits.
The provision would also express the sense of Congress that
both officers were professional and competent and the losses
incurred during the attack on Pearl Harbor were not the result
of dereliction in the performance of duties in the case of
either officer.
The Senate amendment contained a similar provision (sec.
576).
The Senate recedes with a clarifying amendment.
Commendation of citizens of Remy, France, for World War II actions
(sec. 547)
The House bill contained a provision (sec. 538) that
would commend the bravery and honor of the citizens of Remy,
France, for their action to bury Lieutenant Houston Braly,
364th Fighter Group, during World War II. The provision would
also recognize the efforts of the surviving members of the
364th Fighter Group to raise funds to restore the stained glass
windows of Remy's 13th century church that were destroyed
during World War II.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority for award of the medal of honor to William H. Pitsenbarger
for valor during the Vietnam War (sec. 548)
The conferees included a provision that would waive the
statutory time limits and authorize the President to
posthumously award the Medal of Honor to William H.
Pitsenbarger of Piqua, Ohio, for valor during the Vietnam War.

Subtitle E--Military Justice and Legal Assistance Matters

Recognition by states of military testamentary instruments (sec. 551)
The House bill contained a provision (sec. 541) that
would amend chapter 53 of title 10, United States Code, to
exempt a military testamentary instrument from any requirement
of form, formality, or recording before probate under the laws
of a state, and would provide that such an instrument has the
same legal effect as a testamentary instrument prepared and
executed in accordance with the laws of the state in which it
is presented for probate. The provision would define ``military
testamentary instrument'' and would establish requirements for
the execution of such an instrument.
The Senate amendment contained an identical provision
(sec. 574).
The conference agreement includes this provision.
Policy concerning rights of individuals whose names have been entered
into Department of Defense official criminal investigative
reports (sec. 552)
The House bill contained a provision (sec. 542) that
would require the Department of Defense to apply the ``probable
cause'' standard before ``titling'' or designating a person as
a suspect in any official report or in a central index. The
provision would also require the Secretary of Defense to
establish a uniform standard for removal of a person's name
from an official report and any central index if it is
subsequently determined that there is not probable cause to
believe that that person committed the crime.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense to establish policy that creates a
uniform process that affords individuals titled in criminal
investigative reports or indexed in a central index an
opportunity to obtain a review of such actions. If it is
determined that an entry was made contrary to Department of
Defense requirements, the name and identifying information of
the person would be expunged from these records.
The conferees direct the Secretary of Defense to: (1)
review policies and procedures addressing the degree of
evidence or information that must exist before titling and
indexing occurs, to include the weight, if any, given to
initial allegations; (2) review the sufficiency of training
provided to individuals with access to the Defense Clearance
and Investigative Index (DCII) regarding the significance of
criminal investigative entries in the DCII; (3) review the use
of criminal investigative data in the DCII to determine if it
is being used properly and examine the adequacy of available
sanctions for those who improperly use such information; and
(4) provide other pertinent information discovered in the
review process. The Secretary shall submit a report, with
findings and recommendations, to the congressional defense
committees by April 1, 2001.
Limitation on secretarial authority to grant clemency for military
prisoners serving sentence of confinement for life without
eligibility for parole (sec. 553)
The House bill contained a provision (sec. 544) that
would amend Article 74 of the Uniform Code of Military Justice
(10 U.S.C. 874) to prohibit the secretary concerned from
remitting or suspending that part of a court-martial sentence
that extended to confinement for life without eligibility for
parole, and would make conforming and clarifying amendments to
other provisions of the Uniform Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
authority of the secretary concerned to remit or suspend such a
sentence to situations in which the person had served at least
20 years confinement. Such authority could not be redelegated.
Authority for civilian special agents of the military department
criminal investigative organizations to execute warrants and
make arrests (sec. 554)
The House bill contained a provision (sec. 545) that
would amend chapter 373 of title 10, United States Code, to
authorize the secretaries of the military departments to grant
the authority to execute and serve warrants and make arrests to
the civilian special agents of their respective military
criminal investigative organizations, subject to certain
guidelines.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Requirement for verbatim record in certain special court-martial cases
(sec. 555)
The Senate amendment contained a provision (sec. 577)
that would amend Article 54 of the Uniform Code of Military
Justice (10 U.S.C. 854) to require that a verbatim record of
trial be prepared in each special court-martial in which the
sentence adjudged includes a bad-conduct discharge, confinement
for more than six months, or forfeiture of pay for more than
six months.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Commemoration of the fiftieth anniversary of the Uniform Code of
Military Justice (sec. 556)
The Senate amendment contained a provision (sec. 1051)
that would request the President to issue a proclamation
commemorating the fiftieth anniversary of the Uniform Code of
Military Justice, which was enacted May 5, 1950, and call upon
the Department of Defense, the armed forces, and the United
States Court of Appeals for the Armed Forces to commemorate the
occasion in a suitable manner.
The House bill contained no similar provision.
The House recedes.

Subtitle F--Matters Relating to Recruiting

Army recruiting pilot programs (sec. 561)
The Senate amendment contained a provision (sec. 551)
that would require the Secretary of the Army to conduct three
distinct five-year pilot programs to assess their effectiveness
for creating enhanced opportunities for recruiters and to
improve the effectiveness of Army recruiting programs.
The House bill contained no similar provision.
The House recedes with an amendment that would reduce the
scope of the civilian contract recruiter pilot program and
would require recruiters assigned to vocational schools and
community colleges to be assigned those duties as their primary
responsibility.
Enhancement of recruitment market research and advertising programs
(sec. 562)
The Senate amendment contained a provision (sec. 552)
that would direct the Secretary of Defense to take the
necessary actions to enhance joint and service recruiting and
advertising programs through an aggressive market research
program, and would waive certain requirements of the Paperwork
Reduction Act to enhance the flexibility of the Secretary of
Defense and the military services to react to changes in the
recruiting market.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Access to secondary schools for military recruiting purposes (sec. 563)
The Senate amendment contained a provision (sec. 553)
that would, effective July 1, 2002, require local educational
agencies to provide military recruiters access to secondary
schools on the same basis as colleges, universities, and
private sector employers, unless the governing body of the
local educational agency acts by majority vote to deny access
to military recruiters. The provision would also establish a
process to ensure that secondary schools provide military
recruiters access to the campus, directories, and student lists
on the same basis as that afforded colleges, universities, and
private sector employers. The provision would require the
relevant military service to send a senior official to meet
with the local educational agency within 120 days of a military
recruiter being denied access. If the secondary school
continues to deny accessto military recruiters the Secretary of
Defense shall, within 60 days, communicate with the governor of the
state requesting assistance in restoring access for military
recruiters. A copy of this correspondence shall be provided to the
Secretary of Education. If, one year after the date of the transmittal
of the letter from the Secretary of Defense, the local educational
agency continues to deny access to at least two of the armed forces,
the Secretary of Defense shall notify the Committees on Armed Services
of the Senate and the House of Representatives, and the members of the
House of Representatives and the Senate who represent the district or
districts in which the local educational agency operates.
The House bill contained no similar provision.
The House recedes with an amendment that would expand the
definition of the senior official who shall visit schools that
deny access to include colonels, or in the case of the Navy,
Captains, and would make other technical changes.
Pilot program to enhance military recruiting by improving military
awareness of school counselors and educators (sec. 564)
The House bill contained a provision (sec. 555) that
would require the Secretary of Defense to conduct a three-year
pilot program to improve communications with student counselors
and educators by providing funding, assistance, and information
to an existing interactive internet site designed to provide
information and services to employees of local educational
agencies and institutions of higher learning.
The Senate amendment contained no similar provision.
The Senate recedes.

Subtitle G--Other Matters

Extension to end of calendar year of expiration date for certain force
drawdown transition authorities (sec. 571)
The House bill contained a provision (sec. 504) that
would extend the expiration date of the current drawdown
transition authorities through December 31, 2001.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Voluntary separation incentive (sec. 572)
The House bill contained a provision (sec. 506) that
would authorize service members who simultaneously receive
retired pay and voluntary separation incentive pay to terminate
their eligibility for the voluntary separation incentive pay
and would permit the retired member to reimburse the government
for the amount of the voluntary separation incentive pay
received without concurrently increasing the amount of the
voluntary separation incentive pay that is owed.
The Senate amendment contained no similar provision.
The Senate recedes.
Congressional review period for assignment of women to duty on
submarines and for any proposed reconfiguration or design of
submarines to accommodate female crew members (sec. 573)
The House bill contained a provision (sec. 507) that
would require the Secretary of Defense to provide Congress
written notification and wait until 120 days of continuous
legislative session pass prior to implementating any policy
change affecting the current male-only assignment policy for
submarines and prior to the expenditure of any funds to
reconfigure or design a submarine to accommodate the assignment
of female crew members.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
the required waiting period between notification of Congress
and the implementation of any policy change with regard to the
assignment of females to submarines or expenditure of funds for
design or reconfiguration of a submarine to accommodate females
to 30 days in which both the House of Representatives and the
Senate are in session.
Management and per diem requirements for members subject to lengthy or
numerous deployments (sec. 574)
The Senate amendment contained a provision (sec. 578)
that would amend section 586 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) to
change the requirement for an officer in the grade of general
or admiral to approve deployments of personnel who would be
away from home more than 200 of the past 365 days to require
that the designated component commander for the member's armed
force approve deployments of personnel who would be away from
home more than 200 of the past 365 days; to change the point at
which the high-deployment per diem allowance would be paid from
251 days or more of the preceding 365 days to 501 days or more
of the preceding 730 days. The provision would also require the
Secretary of Defense to submit a report to the Committees on
Armed Services of the Senate and the House of Representatives
not later than March 31, 2002, on the administration of this
provision and make recommendations for revision, as the
Secretary deems appropriate.
The House bill contained no similar provision.
The House recedes with an amendment that would change the
point at which the high deployment per diem allowance would be
paid from 501 days or more of the preceding 730 days to 401
days or more of the preceding 730 days.
The conferees strongly support the position of the
Department of Defense that any high deployment per diem
payments should be made from the operations and maintenance
accounts. The conferees believe that deploying service members
in excess of 400 days in any 730 day period cannot be
attributable to any factorother than operational necessity. As
such, high deployment per diem is an operational cost and must be paid
from the operations and maintenance accounts.
Pay in lieu of allowance for funeral honors duty (sec. 575)
The House bill contained a provision (sec. 551) that
would authorize a reserve component member assigned to a
funeral honors detail for the funeral of a veteran to be
compensated at the same rate as the member would be compensated
for participating in inactive-duty training.
The Senate amendment contained a similar provision (sec.
603).
The House recedes with a clarifying amendment.
Test of ability of reserve component intelligence units and personnel
to meet current and emerging defense intelligence needs (sec.
576)
The House bill contained a provision (sec. 552) that
would require the Secretary of Defense to conduct a three-year
test to determine the most effective peacetime structure and
operational employment of reserve component intelligence assets
for meeting future Department of Defense peacetime operational
intelligence requirements and to establish a means of
coordinating the transition of the peacetime operational
support network into wartime requirements.
The Senate amendment contained no similar provision.
The Senate recedes.
National Guard Challenge Program (sec. 577)
The House bill contained a provision (sec. 553) that
would authorize the head of a federal agency or department to
provide funds to the Secretary of Defense to support the
National Guard Challenge Program and would allow the Secretary
of Defense to expend those funds notwithstanding the $62.5
million limit in defense funding established by section 509(b)
of title 32, United States Code. The provision would also
require the Secretary of Defense to establish regulations for
the Challenge Program.
The Senate amendment contained a provision (sec. 910)
that would transfer oversight responsibility for the National
Guard Challenge Program from the Chief of the National Guard
Bureau to the Secretary of Defense, and would amend the
limitation on federal funding for the National Guard Challenge
Program to only Department of Defense funding.
The Senate recedes with an amendment that would combine
the two provisions.
The conferees note that the intent of the transfer of
responsibility for the National Guard Challenge Program to the
Secretary of Defense is to reaffirm the role of the Secretary
of Defense to establish policy for and oversight of the
operation of Department of Defense programs. It is not the
intent of the conferees that the National Guard Bureau should
lose its ability to administer this highly successful program.
Rather, the intent is that there be increased oversight and
direction by the Secretary of Defense.
Study of use of civilian contractor pilots for operational support
missions (sec. 578)
The House bill contained a provision (sec. 554) that
would require the Secretary of Defense to study the feasibility
and cost of using civilian contractor personnel as pilots and
other aircrew members to fly government aircraft performing
non-combat operational support missions world-wide.
The Senate amendment contained no similar provision.
The Senate recedes.
Reimbursement for expenses incurred by members in connection with
cancellation of leave on short notice (sec. 579)
The House bill contained a provision (sec. 556) that
would authorize the service secretaries to reimburse members
for travel expenses when leave is canceled within 48 hours of
commencing due to mission requirements of a contingency
operation.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority for award of the Medal of Honor
The House bill contained a provision (sec. 531) that
would waive the statutory time limitations for the award of the
Medal of Honor to Andrew J. Smith for valor during the Battle
of Honey Hill in South Carolina. The House bill also contained
a provision (sec. 532) that would waive the statutory time
limitations for the award of the Medal of Honor to Ed W.
Freeman for valor during the battle of the IaDrang Valley in
the Republic of Vietnam.
The Senate amendment contained a provision (sec. 571)
that would waive the statutory time limits and authorize the
President to award the Medal of Honor to Ed W. Freeman of Idaho
for valor during the Vietnam Conflict; to James K. Okubo of
Detroit, Michigan for valor during World War II; and to Andrew
J. Smith of Massachusetts for valor during the Civil War.
The conferees note that Public Law 106-223, enacted on
June 21, 2000, waived the statutory time limits and authorized
the President to award the Medal of Honor to Ed W. Freeman of
Idaho for valor during the Vietnam Conflict; to James K. Okubo
of Detroit, Michigan, for valor during World War II; and to
Andrew J. Smith of Massachusetts for valor during the Civil
War. The conferees recede from their respective provisions.
Collection and use of deoxyribonucleic acid identification information
from violent and sexual offenders in the armed forces
The House bill contained a provision (sec. 543) that
would require the secretaries of the military departments to
collect a deoxyribonucleic acid (DNA) sample from each member
of the armed forces who is, or has been, convicted of a violent
or sexual offense. The provision would further require the
Secretary of Defense to analyze each sample and furnish the
results of each analysis to the Federal Bureau of Investigation
(FBI) for use in the Combined DNA Index System.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize that the collection and indexing
of samples, as proposed in this provision, has merit, but
believe that this matter would be better addressed by general
legislation with government-wide application.
Contingent exemption from limitation on number of Air Force officers
serving on active duty in grades above major general
The Senate amendment contained a provision (sec. 511)
that would exempt an Air Force officer serving in the grade of
Lieutenant General or General from the limitations on the
number of Air Force officers serving on active duty in grades
above major general when either the Commander-in-Chief, United
States Transportation Command, or the Commander-in-Chief,
United States Space Command, is an officer from a service other
than the Air Force.
The House bill contained no similar provision.
The Senate recedes.
Joint Officer Management
The Senate amendment contained provisions (sec. 521-527)
that would streamline the designation and management of joint
speciality officers by simplifying the requirements for
designation as a joint speciality officer, requiring Joint
Professional Military Education to be conducted in residence
and by establishing promotion objectives for joint speciality
officers.
The House bill contained no similar provision.
The Senate recedes.
Military Voting Rights Act of 2000
The Senate bill contained provisions (sec. 561-563) that
would amend the Soldiers' and Sailors' Civil Relief Act of 1940
(50 U.S.C. App. 501) to preclude a military member from losing
a claim to state residency for the purpose of voting in federal
and state elections because of absence due to military orders,
and would also amend the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff) to require each state to
permit absent military voters to use absentee registration
procedures and to vote by absentee ballot in elections for
states and local offices, in addition to federal offices, as
provided in current law.
The House amendment contained no similar provision.
The Senate recedes.
Preparation, participation, and conduct of athletic competitions and
small arms competitions by the National Guard and members of
the National Guard
The Senate amendment contained a provision (sec. 580)
that would permit National Guard units and personnel to prepare
for, participate in, and conduct athletic competitions and
small arms competitions.
The House bill contained no similar provision.
The Senate recedes.
Repeal of contingent funding increase for Junior Reserve Officers
Training Corps
The Senate amendment contained a provision (sec. 543)
that would repeal the requirement that any amount in excess of
$62,500,000 appropriated for the National Guard Challenge
Program be made available for the Junior Reserve Officers
Training Corps.
The House bill contained no similar provision.
The Senate recedes.
Review of actions of selection boards
The Senate amendment contained a provision (sec. 506)
that would authorize the secretary concerned to correct a
military personnel record in accordance with a recommendation
made by a special board. The remedy could be restoration to
active duty or status, if the person was separated, retired, or
transferred to the retired or inactive reserve as the result of
a recommendation made by a selection board; or the person could
elect to receive back pay and allowances in lieu of
restoration. If a special board did not recommend the
correction, the action of the original selection board would be
considered as final. The secretaries concerned shall prescribe
regulations to carry out this provision, which would be subject
to the approval of the Secretary of Defense.
The provision would require exhaustion of a person's
administrative remedies within the military department
concerned before the person could obtain relief in a judicial
proceeding. The provision would not limit the jurisdiction of
any federal court to determine the validity of any statute,
regulation, or policy, and also would not limit the
secretaries' authority to correct military records through
boards for the correction ofmilitary records under section 1552
of title 10, United States Code.
The provision would also amend section 628 of title 10,
United States Code, the statute dealing with promotion special
selection boards, to require exhaustion of a person's remedies
before a special selection board before relief could be
obtained in a judicial proceeding.
The House bill contained no similar provision.
The Senate recedes.
The conferees believe that, while such an approach may
have merit, this issue requires further study.

Title VI--Compensation and Other Personnel Benefits

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Pay and Allowances

Increase in basic pay for fiscal year 2001 (sec. 601)
The House bill contained a provision (sec. 601) that
would waive section 1009 of title 37, United States Code, and
increase the rates of basic pay for members of the uniformed
services by 3.7 percent, effective January 1, 2001.
The Senate amendment contained a similar provision (sec.
601).
The House recedes.
Additional restructuring of basic pay rates for enlisted members (sec.
602)
The Senate amendment contained a provision (sec. 610A)
that would, effective October 1, 2000, restructure the basic
pay tables for enlisted members in grades E-5, E-6, and E-7 to
increase the basic pay rates for members in these grades.
The House bill contained no similar provision.
The House recedes with an amendment that would, effective
July 1, 2001, restructure the basic pay tables for enlisted
members in grades E-5, E-6, and E-7 to increase the basic pay
rates for members in these grades, and would authorize the
Secretary of Defense to, on a one-time basis, adjust the basic
pay tables for enlisted members to increase the rate of basic
pay. The Secretary of Defense would be required to submit a
legislative proposal incorporating any adjustments with the
fiscal year 2002 legislative proposals. In the event the
Secretary of Defense elects not to use the one-time authority
to adjust the basic pay tables for other enlisted members, the
increases for enlisted members in grades E-5 through E-7 would
be effective July 1, 2001.
Revised method for calculation of basic allowance for subsistence (sec.
603)
The House bill contained a provision (sec. 602) that
would repeal the basic allowance for subsistence transition
program, effective October 1, 2001, and establish a process for
increasing the basic allowance for subsistence rate in effect
by the amount of the increase in food costs, as determined by
the Department of Agriculture.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Family subsistence supplemental allowance for low-income members of the
Armed Forces (sec. 604)
The House bill contained a provision (sec. 603) that
would authorize the Secretary of Defense to establish a five-
year program to pay members determined to be qualified for food
stamps using the same gross income standards used by state
officials to determine food stamp eligibility, except that the
value of the member's basic allowance for housing will be
included even if the member resides in government housing, a
monthly amount not to exceed $500 per month, to supplement the
basic allowance for subsistence.
The Senate amendment contained a provision (sec. 610)
that would authorize, for a five-year period, a special
subsistence allowance of $180 per month payable to enlisted
personnel in grades E-5 and below who demonstrate eligibility
for food stamps.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish a five-year program to
pay members determined to be qualified for food stamps.
Basic allowance for housing (sec. 605)
The House bill contained a provision (sec. 604) that
would repeal the requirement that service members pay 15
percent of housing costs out-of-pocket and would authorize the
Secretary of Defense to increase the basic allowance for
housing to eliminate out-of-pocket expenses for service members
by fiscal year 2005.
The Senate amendment contained a similar provision (sec.
605). The Senate amendment also contained a provision (sec.
610B) that would permit service members who make a low-cost or
no-cost permanent change of station move, while remaining in
the same quarters occupied during their previous assignment,
eligible for the higher of the basic allowance for housing rate
from the previous permanent station or the new permanent
station.
The Senate recedes with an amendment that would combine
the provisions.
Additional amount available for fiscal year 2001 increase in basic
allowance for housing inside the United States (sec. 606)
The House bill contained a provision (sec. 610) that
would increase the funding available for the basic allowance
for housing by $30.0 million in order to reduce the out-of-
pocket costs by an additional one-half of one percent.
The Senate amendment contained no similar provision.
The Senate recedes.
Equitable treatment of junior enlisted members in computation of basic
allowance for housing (sec. 607)
The House bill contained a provision (sec. 605) that
would establish a single housing rate for members in grades E-1
through E-4 with dependents and would increase the basic
allowance for housing rate to members above the rate previously
paid to members in grade E-4.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Eligibility of members in grade E-4 to receive basic allowance for
housing while on sea duty (sec. 608)
The House bill contained a provision (sec. 606) that
would, effective October 1, 2001, authorize the payment of the
basic allowance for housing to members serving in the grade of
E-4, without dependents, who are assigned to sea duty in ships.
The Senate amendment contained a similar provision (sec.
606), that would be effective upon enactment of this Act.
The House recedes.
Personal money allowance for senior enlisted members of the armed
forces (sec. 609)
The House bill contained a provision (sec. 607) that
would authorize a $2,000 per year personal money allowance to
senior enlisted members in each of the armed forces.
The Senate amendment contained a similar provision (sec.
607).
The Senate recedes.
Increased uniform allowances for officers (sec. 610)
The House bill contained a provision (sec. 608) that
would increase the one-time initial uniform allowance paid to
officers from $200 to $400 and the one-time additional uniform
allowance paid to officers from $100 to $200.
The Senate amendment contained a similar provision (sec.
608).
The House recedes with a clarifying amendment.
Cabinet-level authority to prescribe requirements and allowance for
clothing of enlisted members (sec. 611)
The Senate amendment contained a provision (sec. 609)
that would authorize the Secretary of Defense, and the
Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service of the Navy, to prescribe
the clothing to be furnished annually to enlisted members and
to establish the amount of the cash allowance paid when the
prescribed clothing is not provided.
The House bill contained no similar provision.
The House recedes.
Increase in monthly subsistence allowance for members of
precommissioning programs (sec. 612)
The House bill contained a provision (sec. 609) that
would, effective October 1, 2001, increase the minimum stipend
paid to senior Reserve Officers Training Corps (ROTC) cadets to
$250 per month, would establish the maximum monthly stipend as
$600 per month, and would provide the Secretary of Defense the
authority to establish a tiered-stipend system in order to
permit the monthly stipend to increase as the involvement of
the cadet in ROTC increases.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would,
effective October 1, 2001, establish the pay rates for cadets
and midshipmen at the service academies at 35 percent of the
basic pay of an O-1 with less than two years of service and
would increase the maximum monthly ROTC stipend to $674.

Subtitle B--Bonuses and Special and Incentive Pays

Extension of certain bonuses and special pay authorities for reserve
forces (sec. 621)
The House bill contained a provision (sec. 611) that
would extend the authority for the special pay for health care
professionals who serve in the selected reserve in critically
short wartime specialities, the selected reserve reenlistment
bonus, the selected reserve enlistment bonus, special pay for
enlisted members of the selected reserve assigned to certain
high priority units, the selected reserve affiliation bonus,
the ready reserve enlistment and reenlistment bonus, and the
prior service enlistment bonus until December 31, 2001. The
provision would also extend the authority for repayment of
educational loans for certain health care professionals who
serve in the selected reserve until January 1, 2002.
The Senate amendment contained an identical provision
(sec. 611).
The conference agreement includes this provision.
Extension of certain bonuses and special pay authorities for nurse
officer candidates, registered nurses, and nurse anesthetists
(sec. 622)
The House bill contained a provision (sec. 612) that
would extend the authority for the nurse officer candidate
accession program, the accession bonus for registered nurses,
and the incentive pay for nurse anesthetists until December 31,
2001.
The Senate amendment contained an identical provision
(sec. 612).
The conference agreement includes this provision.
Extension of authorities relating to payment of other bonuses and
special pays (sec. 623)
The House bill contained a provision (sec. 613) that
would extend the authority for the aviation officer retention
bonus, reenlistment bonus for active members, special pay for
nuclear qualified officers extending the period of active
service, nuclear career accession bonus, and the nuclear career
annual incentive bonus to December 31, 2001, and would extend
the enlistment bonus for persons with critical skills and the
Army enlistment bonus to September 30, 2001.
The Senate amendment contained a similar provision (sec.
613).
The Senate recedes with an amendment that would remove
the references to the enlistment bonus for persons with
critical skills and the Army enlistment bonus in favor of a
consolidated enlistment bonus addressed elsewhere in this
conference agreement.
Revision of enlistment bonus authority (sec. 624)
The House bill contained a provision (sec. 618) that
would consolidate existing bonus authorities and establish a
maximum amount of $20,000 that may be paid to any enlistee.
The Senate amendment contained a similar provision (sec.
621).
The Senate recedes with a clarifying amendment.
Consistency of authorities for special pay for reserve medical and
dental officers (sec. 625)
The House bill contained a provision (sec. 614) that
would clarify that reserve medical and dental officers are paid
special pay in a consistent manner.
The Senate amendment contained similar provision (sec.
614).
The Senate recedes with a clarifying amendment.
Elimination of required congressional notification before
implementation of certain special pay authority (sec. 626)
The House bill contained a provision (sec. 620) that
would eliminate the requirement for the secretary concerned to
notify the Congress of the intent to pay special pay to
optometrists and nurse anesthetists.
The Senate amendment contained no similar provision.
The Senate recedes.
Special pay for physician assistants of the Coast Guard (sec. 627)
The House bill contained a provision (sec. 615) that
would extend the authority to pay special pay currently
provided to physician assistants in the military departments to
physician assistants in the Coast Guard.
The Senate amendment contained a similar provision (sec.
615).
The House recedes.
Authorization of special pay and accession bonus for pharmacy officers
(sec. 628)
The Senate amendment contained a provision (sec. 616)
that would authorize the secretary of a military department, or
in the case of the Public Health Service, the Secretary of
Health and Human Services, to pay a special pay and an
accession bonus for pharmacy officers.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Correction of references to Air Force veterinarians (sec. 629)
The Senate amendment contained a provision (sec. 617)
that would clarify that the special pay for board certified
veterinarians in the armed forces and the Public Health Service
includes Air Force biomedical sciences officers who hold a
degree in veterinary medicine.
The House bill contained no similar provision.
The House recedes.
Career sea pay (sec. 630)
The House bill contained a provision (sec. 617) that
would authorize the secretary of a military department to
establish the rates of career sea pay up to a limit of $750 per
month and would increase the maximum career sea pay premium pay
from $100 per month to $350 per month for consecutive or
cumulative duty at sea.
The Senate amendment contained a similar provision (sec.
619).
The House recedes with a clarifying amendment.
Increased maximum rate of special duty assignment pay (sec. 631)
The House bill contained a provision (sec. 616) that
would, effective October 1, 2001, increase the limit on special
duty assignment pay from $275 per month to $600 per month.
The Senate amendment contained a similar provision (sec.
620) that would be effective October 1, 2000.
The House recedes.
Entitlement of members of the National Guard and other reserves not on
active duty to receive special duty assignment pay (sec. 632)
The Senate amendment contained a provision (sec. 622)
that would authorize members of the Selected Reserve who are
not on active duty to receive special duty assignment pay.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
amount of special duty assignment pay for members of the
Selected Reserve not on active duty to one day of pay for each
drill period in which the reserve member successfully
participates each month.
Authorization of retention bonus for members of the armed forces
qualified in a critical military skill (sec. 633)
The House bill contained a provision (sec. 619) that
would, effective 90 days after the Secretary of Defense
notifies Congress of the details of the implementation plan,
establish a retention bonus, providing payments up to $200,000
over a career, for members qualified in a critical military
skill. The authority for this bonus would expire on December
31, 2001.
The Senate amendment contained no similar provision.
The Senate recedes.
Entitlement of active duty officers of the Public Health Service Corps
to special pays and bonuses of health professional officers of
the armed forces (sec. 634)
The Senate amendment contained a provision (sec. 618)
that would make the special pays and bonuses for active duty
officers of the Public Health Service Corps equal to those of
health professional officers of the armed forces.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.

Subtitle C--Travel and Transportation Allowances

Advance payments for temporary lodging of members and dependents (sec.
641)
The House bill contained a provision (sec. 631) that
would authorize advance payment of temporary lodging and living
expenses incident to permanent changes in station.
The Senate amendment contained a similar provision (sec.
631).
The Senate recedes.
Additional transportation allowance regarding baggage and household
effects (sec. 642)
The House bill contained a provision (sec. 632) that
would authorize the secretary concerned to reimburse a member
for mandatory pet quarantine fees for household pets up to a
maximum of $275 when the fees are incident to a permanent
change of station.
The Senate amendment contained no similar provision.
The Senate recedes.
Incentive for shipping and storing household goods in less than average
weights (sec. 643)
The Senate amendment contained a provision (sec. 632)
that would authorize the secretary concerned to pay a service
member a share of the amount of savings resulting from the
service member shipping or storing a lower household good or
baggage weight than the average weight shipped or stored by
members of the same grade and dependent status.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to develop regulations for this
program in order to ensure that members of one service do not
receive a benefit for which members of another service may not
be eligible.
Equitable dislocation allowances for junior enlisted members (sec. 644)
The House bill contained a provision (sec. 633) that
would require the Secretary of Defense to increase the amount
of dislocation allowance paid to service members with
dependents in pay grades E-1 through E-4 to the amount paid to
service members in pay grade E-5.
The Senate amendment contained no similar amendment.
The Senate recedes.
Authority to reimburse military recruiters, senior ROTC cadre, and
Military Entrance Processing personnel for certain parking
expenses (sec. 645)
The House bill contained a provision (sec. 634) that
would authorize the Secretary of Defense to reimburse service
members and civilian employees for expenses incurred in parking
their privately owned vehicles at their duty locations if they
are assigned to duty as a recruiter, with a military entrance
processing facility or with a Senior Reserve Officer Training
Corps detachment.
The Senate amendment contained a similar provision (sec.
661).
The House recedes with an amendment that would make the
provision effective October 1, 2001.
Expansion of funded student travel for dependents (sec. 646)
The House bill contained a provision (sec. 635) that
would authorize funded student travel payments to be made for
dependents pursuing graduate and vocational education programs
in addition to secondary and undergraduate education programs.
The Senate amendment contained a similar provision (sec.
633).
The Senate recedes.

Subtitle D--Retirement and Survivor Benefit Matters

Exception to high 36-month retired pay computation for members retired
following a disciplinary reduction in grade (sec. 651)
The Senate amendment contained a provision (sec. 641)
that would require the computation of retired pay for military
personnel who retire following a reduction in grade be based on
basic pay of the grade held at the time of retirement rather
than the average of the highest three years of basic pay.
The House bill contained no similar provision.
The House recedes.
Increase in maximum number of reserve retirement points that may be
credited in any year (sec. 652)
The House bill contained a provision (sec. 641) that
would increase, from 70 to 90, the maximum number of days in
any one year that a reservist may accrue as credit toward
retirement benefits.
The Senate amendment contained a similar provision (sec.
694).
The Senate recedes with a clarifying amendment.
Retirement from active reserve service after regular retirement (sec.
653)
The Senate amendment contained a provision (sec. 644)
that would permit a retired active component service member who
later serves, and is promoted in an active reserve position, to
retire as a member of the retired reserve at the higher grade.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Same treatment for federal judges as for other federal officials
regarding payment of military retired pay (sec. 654)
The Senate amendment contained a provision (sec. 645)
that would amend section 371 of title 28, United States Code,
to ensure that federal judges appointed under Article III of
the Constitution are treated the same as other federal
officials with regard to reduction in military retired pay.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Reserve Component Survivor Benefit Plan spousal consent requirement
(sec. 655)
The House bill contained a provision (sec. 642) that
would require retirement-eligible reservists to obtain the
concurrence of their spouses before making a decision to
decline or defer participation in the Reserve Component
Survivor Benefit Plan or to select a level of participation
that is less than the maximum available or to select coverage
for a child but not the spouse.
The Senate amendment contained a similar provision (sec.
642).
The Senate recedes with a clarifying amendment.
Sense of Congress on increasing Survivor Benefit Plan annuities for
surviving spouses age 62 or older (sec. 656)
The Senate amendment contained a provision (sec. 646)
that would express the sense of Congress that legislation
should be enacted that increases the minimum basic annuities
provided under the Survivor Benefit Plan for surviving spouses
of members of the uniformed services who are 62 years of age or
older.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Revision to special compensation authority to repeal exclusion of
uniformed services retirees in receipt of disability retired
pay (sec. 657)
The conferees included a provision that would, effective
October 1, 2001, make former members of the uniformed services
retired for disability under chapter 61 of title 10, United
States Code, eligible to receive the special compensation for
severely disabled uniformed services retirees authorized by
section 658 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65).

Subtitle E--Other Matters

Participation in Thrift Savings Plan (sec. 661)
The House bill contained a provision (sec. 651) that
would authorize active duty and reserve members of the
uniformed services to deposit up to five percent of their basic
pay, before tax, each month in the Thrift Savings Plan now
available for federal civil service employees.
The Senate amendment contained a similar provision (sec.
643) that would amend section 663 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) to
establish the effective date for offering the Thrift Savings
Planto active and reserve component military personnel,
effective not later than 180 days after the date of enactment of this
Act, and would eliminate the requirement for the President to identify
the mandatory spending offsets that are currently provided in the
Concurrent Resolution on the Budget for Fiscal Year 2001.
The House recedes with an amendment that would permit the
Secretary of Defense, with the advice of the Thrift Board, to
delay the effective date for both the active and reserve
component participation by 180 days and require that Committees
on Armed Services of the Senate and the House of
Representatives be notified of any delay.
Determinations of income eligibility for special supplemental food
program (sec. 662)
The Senate amendment contained a provision (sec. 669)
that would exclude the basic allowance for housing when
computing eligibility for the special supplemental food program
for service members assigned outside the United States. The
special supplemental food program is similar to the Women,
Infants, and Children program in the United States.
The House bill contained no similar provision.
The House recedes.
Billeting services for reserve members traveling for inactive-duty
training (sec. 663)
The Senate amendment contained a provision (sec. 693)
that would require the Secretary of Defense to promulgate
regulations that would authorize reservists traveling to
inactive-duty training at a location more than 50 miles from
their residence to be eligible for billeting in Department of
Defense facilities on the same basis as active duty personnel
traveling for official purposes.
The House bill contained no similar provision.
The House recedes.
Settlement of claims for payments for unused accrued leave and for
retired pay (sec. 664)
The Senate amendment contained a provision (sec. 663)
that would authorize the Secretary of Defense to settle claims
for unused accrued leave and to waive time limitations for
filing claims for payments for unused accrued leave and for
retired pay.
The House bill contained no similar provision.
The House recedes.
Additional benefits and protections for personnel incurring injury,
illness, or disease in the performance of funeral honors duty
(sec. 665)
The Senate amendment contained a provision (sec. 668)
that would authorize the payment of incapacitation pay for
reservists who incur an injury, illness, or disease in the
performance of funeral honors duties.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Authority for extension of deadline for filing claims associated with
capture and internment of certain persons by North Vietnam
(sec. 666)
The Senate amendment contained a provision (sec. 662)
that would extend the time limitation for certain Vietnamese
Commandos, or their survivors, to file claims when the
Secretary of Defense determines that such an extension is
necessary to prevent an injustice or that a failure to file
within the time frame is due to excusable neglect.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Back pay for members of the Navy and Marine Corps selected for
promotion while interned as prisoners of war during World War
II (sec. 667)
The Senate amendment contained a provision (sec. 673)
that would authorize the payment of back pay for former members
of the Navy and Marine Corps who were unable to compete for
promotion while interned as prisoners of war during World War
II.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
payments to former members or their spouses.
Sense of Congress concerning funding for reserve components (sec. 668)
The Senate amendment contained a provision (sec. 691)
that would express the sense of Congress that it is in the
national interest for the President to provide funds for the
reserve components of the armed forces that are sufficient to
ensure that the reserve components meet requirements specified
in the National Military Strategy.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority to pay gratuity to certain veterans of Bataan and Corregidor
The Senate amendment contained a provision (sec. 665)
that would authorize the Secretary of Veterans Affairs to pay a
$20,000 gratuity to a veteran or to the surviving spouse of
aveteran who served at Bataan or Corregidor, was captured and held as a
prisoner of war, and was required to perform slave labor during World
War II.
The House bill contained no similar provision.
The Senate recedes.
Benefits for members not transporting personal motor vehicles overseas
The Senate amendment contained a provision (sec. 634)
that would authorize the secretary concerned to pay a service
member a share of the amount of savings that accrue when an
authorized member elects not to ship a personal vehicle
overseas at government expense and would limit the amount
payable to store a personal vehicle in lieu of shipment to an
amount equal to the cost that would have been incurred by
shipping the vehicle overseas and back.
The House bill contained no similar provision.
The Senate recedes.
Computation of survivor benefits
The Senate amendment contained a provision (sec. 650)
that would reduce the amount of the offset from a survivor
benefit annuity when the surviving spouse becomes eligible for
social security benefits based on the contributions of the
deceased service member.
The House bill contained no similar provision.
The Senate recedes.
Concurrent payment of retired pay and compensation for retired members
with service-connected disabilities
The Senate amendment contained a provision (sec. 666)
that would permit the concurrent payment of military retired
pay and disability compensation from the Department of Veterans
Affairs for retired service members with service-connected
disabilities.
The House bill contained no similar provision.
The Senate recedes.
Concurrent payment to surviving spouses of Disability and Indemnity
Compensation and annuities under Survivor Benefit Plan
The Senate amendment contained a provision (sec. 652)
that would permit the concurrent payment of Disability and
Indemnity Compensation and Survivor Benefit Plan annuities to
surviving spouses of deceased service members.
The House bill contained no similar provision.
The Senate recedes.
Effective date of disability retirement for members dying in civilian
medical facilities
The House bill contained a provision (sec. 643) that
would authorize the secretary concerned to specify a date and
time of death, other than that determined by the attending
physician, for a member who dies in a civilian medical facility
solely for the purpose of allowing a member to retire as if
disabled.
The Senate amendment contained no similar provision.
The House recedes.
Eligibility of certain members of the Individual Ready Reserve for
Servicemembers' Group Life Insurance
The Senate amendment contained a provision (sec. 664)
that would authorize volunteers for assignment to a category in
the Individual Ready Reserve that is subject to involuntary
recall to active duty to participate in the Servicemembers'
Group Life Insurance program.
The House bill contained no similar provision.
The Senate recedes.
Equitable application of early retirement eligibility requirements to
military reserve technicians
The Senate amendment contained a provision (sec. 651)
that would modify the early retirement eligibility requirements
for all military technicians from a combination of 50 years of
age and 25 years of service to 25 years of service or 50 years
of age and 20 years of service.
The House bill contained no similar provision.
The Senate recedes.
Family coverage under Servicemembers' Group Life Insurance
The Senate amendment contained a provision (sec. 648)
that would, at no cost to the government, extend life insurance
coverage under the Servicemembers' Group Life Insurance to
family members.
The House bill contained no similar provision.
The Senate recedes.
Fees paid by residents of the Armed Forces Retirement Home
The Senate amendment contained a provision (sec. 649)
that would modify the fee structure paid by residents of the
Armed Forces Retirement Home.
The House bill contained no similar provision.
The Senate recedes.
The conferees are aware of the financial difficulties of
the Armed Forces Retirement Home and have received a number of
complaints from residents about the fee structure and
conditions at the homes. The conferees direct the Secretary of
Defense, in consultation with the Armed Forces Retirement Home
Board, to review the current and future financial status of the
ArmedForces Retirement Home, to include the current fee
structure. The Secretary of Defense shall submit a report not later
than March 30, 2001, to the Committees on Armed Services of the Senate
and the House of Representatives on the results of this review and any
recommendations for changing the current fees or operations of the
Armed Forces Retirement Home.
Recognition of members of the Alaska Territorial Guard as veterans
The Senate amendment contained a provision (sec. 671)
that would prospectively recognize certain former members of
the Alaska Territorial Guard as veterans.
The House bill contained no similar provision.
The Senate recedes.
Survivor benefit plan annuities for survivors of all members who die on
active duty
The Senate amendment contained a provision (sec. 647)
that would entitle a surviving spouse of a member who dies
while on active duty to a Survivor Benefit Plan annuity.
The House bill contained no similar provision.
The Senate recedes.
Travel by reservists on military aircraft to and from locations outside
the continental United States for inactive-duty training
The Senate amendment contained a provision (sec. 667)
that would permit reservists who live outside the continental
United States attending drills or annual training in the United
States to travel space-required on military aircraft.
The House bill contained no similar provision.
The Senate recedes.

Title VII--Health Care Provisions

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Health Care Services

Provision of domiciliary and custodial care for CHAMPUS beneficiaries
and certain former CHAMPUS beneficiaries (sec. 701)
The House bill contained a provision (sec. 703) that
would authorize the Secretary of Defense to reimburse certain
former Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) beneficiaries for costs incurred for
custodial or domiciliary care services during a period of
temporary ineligibility for such services under CHAMPUS. The
provision authorized a maximum expenditure of $100.0 million
for the program.
The Senate amendment contained a provision (sec. 732)
that would cap the program at $100.0 million per year and would
grandfather those that participated in the Department of
Defense home health care demonstration to allow their continued
participation in the case management program, without regard to
age.
The House recedes with an amendment that would
incorporate the reimbursement provision in the House bill and
direct the Comptroller General to report on the effectiveness
of the existing coordination of the basic TRICARE program with
the program for persons with disabilities and the individual
case management program, as they relate to meeting the health
care needs of disabled dependents of active duty military
members.
Chiropractic health care for members on active duty (sec. 702)
The House bill contained a provision (sec. 737) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a plan to phase in, over a period of five
years, permanent chiropractic services for all active duty
service personnel. The provision would also require the
Secretary of Defense to continue to provide the same level of
chiropractic health care services and benefits during fiscal
year 2001 as were provided during fiscal year 2000.
The Senate amendment contained a provision (sec. 737)
that would make permanent the provision of chiropractic health
care services to military health care system beneficiaries who
enroll in TRICARE Prime. The provision would direct the
Secretary of Defense to develop and implement a plan to make
available chiropractic services using a primary care manager
model and would continue services at existing demonstration
sites until TRICARE Prime enrollees at those sites would have
access under the new provision.
The Senate recedes with a technical amendment.
School-required physical examinations for certain minor dependents
(sec. 703)
The Senate amendment contained a provision (sec. 734)
that would direct the Secretary of Defense to provide eligible
dependents, between the ages of 5 years and 12 years, a
physical examination when such an examination is required by a
school in connection with the enrollment in that school.
TRICARE Prime enrollees would require no copayment. Enrollees
in TRICARE options other than Prime would pay appropriate cost
shares.
The House bill contained no similar provision.
The House recedes.
Two-year extension of dental and medical benefits for surviving
dependents of certain deceased members (sec. 704)
The Senate amendment contained a provision (sec. 735)
that would extend the medical and dental benefits for surviving
dependents of certain deceased members from one year to three
years.
The House bill contained no similar provision.
The House recedes.
Two-year extension of authority for use of contract physicians at
military entrance processing stations and elsewhere outside
medical treatment facilities (sec. 705)
The House bill contained a provision (sec. 701) that
would extend for two years, the authority of the Secretary of
Defense to contract with physicians to provide health care and
new-recruit examination services at military entrance
processing stations and other locations.
The Senate amendment contained a similar provision (sec.
736).
The Senate recedes.
Medical and dental care for medal of honor recipients (sec. 706)
The House bill contained a provision (sec. 702) that
would extend life-time medical and dental care, to be provided
by the Department of Defense, to medal of honor recipients and
their dependents.
The Senate amendment contained a similar provision (sec.
733).
The House recedes with a clarifying amendment.

Subtitle B--Senior Health Care

Implementation of TRICARE senior pharmacy program (sec. 711)
The House bill contained a provision (sec. 721) that
would authorize the establishment of the TRICARE Senior
Pharmacy Program. The program would provide Medicare eligible
military retirees and their eligible family members the same
pharmacy benefit as is currently available to other military
health care beneficiaries through the TRICARE preferred
provider and fee-for-services options commonly referred to as
TRICARE Extra and TRICARE Standard. The House authorized an
increase of $94.0 million to the Defense Health Program to fund
this requirement.
The Senate amendment contained a provision (sec. 731)
that would authorize a specific pharmacy benefit for eligible
beneficiaries of the military health care system, including
those eligible for Medicare. The provision would authorize a
national mail order program and a retail pharmacy network.
The Senate recedes with an amendment that would
grandfather all participants of the Base Realignment and
Closure pharmacy benefit program.
Conditions for eligibility for CHAMPUS and TRICARE upon the attainment
of age 65; expansion and modification of medicare subvention
project (sec. 712)
The House bill contained a provision (sec. 725) that
would extend the Medicare subvention, or TRICARE Senior Prime,
program nationwide and would make the program permanent.
The Senate amendment contained a provision (sec. 701)
that would extend TRICARE/CHAMPUS eligibility to all military
retirees and their dependents, regardless of age.
The House recedes with an amendment that would extend the
Medicare subvention program one year and would extend permanent
TRICARE/CHAMPUS eligibility to all military retirees and their
dependents, regardless of age.
The conferees note that continuation of the Medicare
subvention program beyond the extended termination date would
be contingent upon the Secretaries of Defense and Health and
Human Services jointly developing and implementing program
terms and conditions that are fair and equitable to both
agencies, providing a report to the Congress, and a subsequent
act of Congress.
The conferees recognize that the Department of Defense
has provided some level of health care services to the senior
population and would not expect reimbursement for that level of
effort. The conferees believe the administrative costs and
costs of resources expended during the process of approving a
military treatment facility as a subvention site should be
included when the Secretaries of Defense and Health and Human
Services jointly develop the terms of a new subvention
agreement.
While extending TRICARE/CHAMPUS eligibility to Medicare-
eligible beneficiaries, the conferees direct the Secretary of
Defense to refrain from using deductibles and copayments, in
recognition of their participation in Medicare Part B as a
condition of participation. The conferees urge the Secretary of
Defense to implement, wherever reasonable, primary care
impanelment programs patterned on the ``MacDill-65'' program
which provide opportunities for senior retirees to establish a
relationship with a military primary care provider while still
taking full advantage of the added benefits under this
provision.
The conferees also recognize that the ability of the
Secretary of Defense to prepare reliable budget estimates is
seriously compromised by the lack of any beneficiary enrollment
requirements. With the addition of this significant TRICARE
benefit for senior military retirees and their dependents, all
retired military personnel will now have access to
comprehensive health care services, no matter where they live.
Therefore, the conferees direct the Secretary of Defense to
submit a plan for universal, continuous enrollment of all
eligiblebeneficiaries beginning in fiscal year 2002. Through
the enrollment system, beneficiaries would select the component of the
military health care system through which they would seek their health
care services. The conferees expect the period of required enrollment
would not exceed one year and some provision would be made for
individual exceptions based on unforeseen circumstances. As the
enrollment plan is being developed, the conferees encourage the
Secretary of Defense to seek the views of affected beneficiary groups.
Their views should be included in the final report. The required report
shall be submitted to the Committees on Armed Services of the Senate
and the House of Representatives not later than March 30, 2001.
Accrual funding for health care for Medicare-eligible retirees and
dependents (sec. 713)
The conferees included a provision that would establish
an accrual funding mechanism to finance, on an actuarially
sound basis, liabilities of the Department of Defense under
Department of Defense retiree health care programs for
Medicare-eligible beneficiaries.
The conferees direct the Secretary of Defense to conduct
a study using an independent entity to develop strategies for
determining the periodicity and amount of payments from the
Department of Defense Medicare-Eligible Retiree Health Care
Fund under section 1113 of title 10, United States Code (as
added by section 713). The conferees direct the Secretary of
Defense to report to the Committees on Armed Services of the
Senate and House of Representatives, not later than February 8,
2001, on the results of the study, including any
recommendations and, if appropriate, legislative provisions
necessary to implement the accrual funding mechanism.

Subtitle C--TRICARE Program

Improvement of access to health care under the TRICARE program (sec.
721)
The House bill contained a provision (sec. 739) that
would eliminate the requirement to obtain non-availability
statements under any new contract for those beneficiaries
participating in TRICARE standard.
The Senate amendment contained a similar provision (sec.
714).
The Senate recedes with a technical amendment.
Additional beneficiaries under TRICARE prime remote program in the
continental United States (sec. 722)
The House bill contained a provision (sec. 711) that
would repeal the requirement for co-payments by family members
of active duty military members under TRICARE Prime Remote and
would require the same access and claims processing standards
as would be available under TRICARE Prime. The provision would
also extend the program to all uniformed service personnel and
their immediate family members, as defined in section 101 of
title 10, United States Code.
The Senate amendment contained an identical provision
(sec. 711).
The conference agreement includes this provision.
Modernization of TRICARE business practices and increase of use of
military treatment facilities (sec. 723)
The House bill contained a provision (sec. 713) that
would require managers for the Department of Defense TRICARE
program to implement improvements in business practices by the
end of fiscal year 2001, and would require the Secretary of
Defense to submit a plan for improvement by March 15, 2001. The
provision would also authorize an increase of $134.5 million
for the Defense Health Program to be used solely for the
purpose of maximizing the use of military treatment facilities.
The Senate amendment contained a similar provision (sec.
713).
The Senate recedes with a clarifying amendment.
The conferees note that the Emergency Supplemental Act,
2000 (division B of Public Law 106-246) included $695.0 million
for improvements in TRICARE for fiscal years 2000 and 2001. The
conferees direct that $134.5 million of these funds be used for
maximizing the use of military treatment facilities by
improving the efficiency of health care operations in such
facilities.
The conferees note that resource sharing initiatives are
achieving significant savings by recapturing services in the
direct care system. Savings can range from $1.25-$5.00 for
every dollar expended. The conferees direct the Secretary of
Defense to utilize the additional funds provided by this
provision to achieve comparable savings.
The conferees understand that requirements for additional
support staff are dynamic and require a flexible approach to
ensure full utilization of military treatment facilities. The
conferees direct the Secretary of Defense to develop a flexible
mechanism to acquire additional support staff, as needed.
Further, the conferees direct the Secretary of Defense to
include, as part of the plan for improving TRICARE business
practices, a methodology for the cost-effective use of
additional support staff.
Extension of TRICARE managed care support contracts (sec. 724)
The Senate amendment contained a provision (sec. 579)
that would provide authority to extend TRICARE managed care
support contracts in effect or in final stages of acquisition
to be extended up to four years.
The House bill contained no similar provision.
The House recedes.
Report on protections against health care providers seeking direct
reimbursement from members of the uniformed services (sec. 725)
The House bill contained a provision (sec. 719) that
would require the Secretary of Defense to provide a report to
the Committees on Armed Services of the Senate and the House of
Representatives on ways to discourage or prohibit TRICARE
health care providers from seeking inappropriate direct
reimbursement from military service members or their families
for eligible health care services.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Voluntary termination of enrollment in TRICARE retiree dental program
(sec. 726)
The House bill contained a provision (sec. 720) that
would authorize the Secretary of Defense to permit retirees who
enrolled in the Department of Defense Retiree Dental Program to
disenroll from the program under certain circumstances.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees recognize the necessity of a termination of
enrollment appeal process and direct the Secretary to ensure
appropriate dental expertise is included in such procedures.
Additionally, the conferees note the importance of making
available a dental benefit for retirees overseas and direct the
Secretary of Defense to explore expansion of this program.
Claims processing improvements (sec. 727)
The House bill contained a provision (sec. 714) that
would require the Secretary of Defense to implement several
changes to the TRICARE claims process system.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Prior authorizations for certain referrals and nonavailability-of-
health-care statements (sec. 728)
The House bill contained a provision (sec. 715) that
would prohibit the Secretary of Defense from requiring any
TRICARE managed care support contractors to establish prior
approval requirements among network providers.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees do not intend that this provision would in
any way interfere with the relationship between the primary
care provider and his or her patients or the requirement that
patients enrolled under TRICARE Prime be referred for specialty
care by their primary care providers. Rather, the conferees
intend that the Department of Defense would, in new managed
care support contracts, eliminate the requirement for TRICARE
primary care providers to seek authorization before making a
referral to a specialist who is part of a managed care support
contractor's network of providers.

Subtitle D--Demonstration Projects

Demonstration project for expanded access to mental health counselors
(sec. 731)
The House bill contained a provision (sec. 704) that
would direct the Secretary of Defense to conduct a
demonstration project to determine the effect of increasing
access to certified professional mental health counselors by
removing the requirement for physician referral prior to
engaging a counselor under the TRICARE program.
The Senate amendment contained no similar provision.
The Senate recedes.
Teleradiology demonstration project (sec. 732)
The House bill contained a provision (sec. 705) that
would direct the Secretary of Defense to implement a
teleradiology demonstration project for the purpose of
increasing the efficiency of operations and coordination
between outlying clinics and a major military medical facility.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add an
additional test site.
Health care management demonstration program (sec. 733)
The Senate amendment contained a provision (sec. 740)
that would direct the Secretary of Defense to conduct a test of
two models to improve health care delivery in the Defense
Health Program: one for studying alternative delivery policies,
processes, organizations, technologies; and another for
studying long-term disease management.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.

Subtitle E--Joint Initiatives With Department of Veterans Affairs

VA-DOD sharing agreements for health services (sec. 741)
The House bill contained a provision (sec. 738) that
wouldrequire the Secretary of Defense to give full force and
effect to any sharing agreement entered into between the Veterans
Health Administration and the Department of Defense treatment
facilities. The provision would also require the Secretary of Defense
to review all sharing agreements.
The Senate amendment contained no similar provision.
The Senate recedes.
Processes for patient safety in military and veterans health care
systems (sec. 742)
The House bill contained a provision (sec. 733) that
would require the Secretary of Defense to implement a system of
indicators, standards, and protocols necessary to track patient
safety.
The Senate amendment contained a provision (sec. 721)
that would direct enhanced cooperation between the Department
of Defense and Department of Veterans Affairs in the area of
patient safety.
The House recedes with a technical amendment.
Cooperation in developing pharmaceutical identification technology
(sec. 743)
The House bill contained a provision (sec. 734) that
would require the Secretary of Defense to implement a
pharmaceutical bar code identification program to improve the
safety of Department of Defense pharmacy programs.
The Senate amendment contained a provision (sec. 722)
that would direct the Secretary of Defense and the Secretary of
Veterans Affairs to develop jointly a plan to bar code pills
and to explore a bar code capability for the mail order
pharmacy program.
The House recedes with a technical amendment.

Subtitle F--Other Matters

Management of anthrax vaccine immunization program (sec. 751)
The House bill contained a provision (sec. 735) that
would strengthen congressional oversight of the Department of
Defense Anthrax Vaccine Immunization Program (AVIP). The
provision would require the Secretary of Defense to implement
several initiatives to strengthen oversight of the program
including: requiring the Secretary to track and report
separations resulting from refusal to participate in the
program; requiring guidance for emergency essential civilian
personnel who are participating in AVIP; requiring the
Secretary of Defense to put uniform medical and administrative
exemptions into regulation; improving monitoring of adverse
reactions; development of a plan for modernizing all-force
protection immunizations; and requiring reports on financial
and overall program management.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate
the procurement components of the provision and would focus on
the administration of the AVIP.
Elimination of copayments for immediate family (sec. 752)
The House bill contained a provision (sec. 712) that
would repeal the requirement for co-payments by family members
of active duty military members enrolled in TRICARE Prime.
The Senate amendment contained a similar provision (sec.
712).
The House recedes with a clarifying amendment.
The conferees expect the Department of Defense to ensure
that implementation of this provision would not impose
additional costs on managed care support contractors. Further,
it is not the intent of the conferees to eliminate copayments
for pharmaceutical benefits under the mail order pharmacy
program or such similar cost shares. The conferees expect
implementation within 180 days after enactment of this Act.
Medical informatics (sec. 753)
The Senate amendment contained a provision (sec. 723)
that would direct the Secretary of Defense to include two
additional sections in the medical informatics report required
by section 723 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65). The provision would also
direct that, from within the resources of the Defense Health
Program, $64.0 million be expended on a computerized patient
record system, and $9.0 million be expended on an integrated
pharmacy system in fiscal year 2001.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Patient care reporting and management system (sec. 754)
The Senate amendment contained a provision (sec. 739)
that would direct the Secretary of Defense to implement a
patient care reporting and management system in the military
health system to identify, track, and report on errors and
safety problems.
The House bill contained no similar provision.
The House recedes.
Augmentation of Army medical department by detailing reserve officers
of the Public Health Service (sec. 755)
The Senate amendment contained a provision (sec. 742)
that would authorize the Secretary of the Army and the
Secretary of Health and Human Services to enter into an
agreement to conduct a program under which officers of the
Public Health Service CorpsInactive Reserve may be detailed to
augment the Army Medical Department, subject to existing statutory
authorities.
The House bill contained no similar provision.
The House recedes.
Privacy of Department of Defense medical records (sec. 756)
The Senate amendment contained a provision (sec. 744)
that would direct the Secretary of Defense to create a blue
ribbon advisory panel on Department of Defense policies
regarding the privacy of medical records for beneficiaries of
the military health care system.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the
Secretary of Defense to report to Congress on a comprehensive
plan to improve privacy protections for Department of Defense
medical records, consistent with the Health Insurance
Portability and Accountability Act of 1996. The conferees
further direct the Secretary of Defense to issue interim
regulations to expedite implementation of this provision and
allow for reasonable use of medical records for certain
circumstances including, but not limited to, national security,
law enforcement, patient treatment, and payment for health care
services.
Authority to establish special locality-based reimbursement rates;
reports (sec. 757)
The House bill contained a provision (sec. 716) that
would authorize the Secretary of Defense to establish higher
rates for reimbursement for services in some localities under
certain conditions.
The Senate amendment contained a provision (sec. 715)
that would enhance access to TRICARE in rural states by
increasing the maximum allowable charge by physicians in rural
areas.
The Senate recedes with a clarifying amendment.
The conferees intend that the Department of Defense focus
on resolving provider participation issues, particularly in
rural areas, where limited numbers of health care providers
present extreme difficulties in accessing care.
Reimbursement for certain travel expenses (sec. 758)
The House bill contained a provision (sec. 717) that
would authorize the Secretary of Defense to reimburse TRICARE
beneficiaries for their reasonable expenses incurred while
traveling to a referral more than 100 miles from the location
at which they normally receive their primary care services.
The Senate amendment contained no similar provision.
The Senate recedes.
Reduction of cap on payments (sec. 759)
The House bill contained a provision (sec. 718) that
would reduce the maximum amount retired TRICARE beneficiaries
could pay under TRICARE to $3,000 per family. The House bill
authorized an increase in the Defense Health Program of $32.0
million for this purpose.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Training in health care management and administration (sec. 760)
The House bill contained a provision (sec. 731) that
would require the Secretary of Defense to provide a report to
the Committees on Armed Services of the Senate and the House of
Representatives on the continued implementation of section 715
of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106). The provision would increase the number
of senior management positions requiring professional
management and administrative experience.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees direct the Secretary of Defense to ensure
that senior managers involved in leading and managing the
Department of Defense complex health care delivery program are
provided all possible professional management and
administrative opportunities to increase their ability to
succeed in this dynamic environment.
Study on feasibility of sharing biomedical research facility (sec. 761)
The House bill contained a provision (sec. 736) that
would require the Secretary of the Army to conduct a study on
the feasibility of a military medical center sharing a
biomedical research facility with the Department of Veterans
Affairs and an academic institution to make more efficient use
of funding for biomedical research.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add an
additional site for such a demonstration.
Study on comparability of coverage for physical, speech, and
occupational therapies (sec. 762)
The House bill contained a provision (sec. 740) that
would direct the Secretary of Defense to conduct a study
comparing coverage and reimbursement for covered beneficiaries
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 Senate amendment contained no similar provision.
The Senate recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Extended coverage under the Federal Employees Health Benefits Program
The House bill contained a provision (sec. 723) that
would extend the period of the Federal Employees Health
Benefits Program demonstration for one year and would require
the Secretary of Defense to take actions to encourage
participation in the program to its full authorized enrollment
level.
The Senate amendment contained no similar provision.
The House recedes.
Extension of TRICARE senior supplement program
The House bill contained a provision (sec. 724) that
would extend the period of the TRICARE Senior Supplement
Program for one year.
The Senate amendment contained no similar provision.
The House recedes.
Service areas of transferees of former uniformed services treatment
facilities
The Senate amendment contained a provision (sec. 743)
that would expand the service areas of former uniformed
services treatment facilities.
The House bill contained no similar provision.
The Senate recedes.
Study of accrual financing for health care for military retirees
The House bill contained a provision (sec. 732) that
would direct the Secretary of Defense to conduct a study on the
feasibility and desirability of financing the military health
care program for uniformed services retirees on an accrual
basis.
The Senate amendment contained a similar provision (sec.
741).
The conferees adopted an accrual funding provision
elsewhere in this conference agreement.
Study of accrual financing for health care for retirees of the
uniformed services
The House bill contained a provision (sec. 732) that
would require the Secretary of Defense to conduct a study on
the feasibility and desirability of financing the military
health care program for uniformed services retirees on an
accrual basis.
The Senate amendment contained a similar provision (sec.
741).
The House recedes with a technical amendment.
Study on health care options for Medicare-eligible military retirees
The House bill contained a provision (sec. 722) that
would require the Secretary of Defense to conduct a study on
alternatives for providing continued health care benefits for
Medicare-eligible military retirees.
The Senate amendment contained no similar provision.
The House recedes.

Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters

ITEMS OF SPECIAL INTEREST

Acquisition programs at the National Security Agency
The Senate report accompanying S. 2549 (S. Rept. 106-292)
would direct the National Security Agency (NSA) and the
Department of Defense to manage the ongoing NSA modernization
effort as though it were a major defense acquisition program,
as defined in section 2430 of title 10, United States Code.
The House report accompanying H.R. 4205 (H. Rept. 106-
616) contained no such direction.
The conferees agree that there is a need to improve the
acquisition management and oversight processes to ensure
sufficient structure, accountability, and visibility for the
vital NSA modernization efforts. However, the conferees are not
convinced that the DOD acquisition model is sufficiently
flexible and timely to allow the NSA to deliver the necessary
capabilities against the rapidly changing threat environment.
The conferees understand that representatives from the
Intelligence Community (IC), the NSA, and the Office of the
Secretary of Defense have jointly begun to define a formal plan
to improve oversight of the NSA acquisition efforts, and that
an interim oversight board has been used to review a major NSA
acquisition program. The conferees understand that the IC and
the DOD jointly intend to create a streamlined acquisition
management and oversight process that will improve DOD and IC
oversight of the NSA Acquisition process.
The conferees agree to allow some time for this new plan
to achieve the objectives of providing sufficient structure,
accountability, and visibility for the very important
modernization efforts underway within NSA. The conferees take
this position with the understanding that DOD and the IC will
implement oversight procedures that will achieve several
objectives: (1) aid the Director of NSA in the effort to
accomplish fundamental financial and acquisition
managementreforms within the agency; (2) improve the linkage between
the development of requirements and the acquisition process; (3) ensure
that internal NSA acquisition processes comply with DOD and IC policy
and with best practices; (4) improve the linkage across agencies for
end-to-end performance; and (5) allow the Director to have sufficient
flexibility to deliver urgently needed capability.
The conferees direct the Director of NSA, the Director of
Central Intelligence, and the Secretary of Defense to provide
the Congress with a report, concurrent with the budget request
for fiscal year 2002, that outlines the oversight plan,
including the changes the plan will make in the acquisition
process. If implementation of this oversight plan fails to
demonstrate a review mechanism that meets these objectives, the
conferees may insist on requiring that NSA manage its programs
as major defense acquisition programs in the future.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations

Department of Defense acquisition pilot programs (sec. 801)
The House bill contained a provision (sec. 801) that
would amend the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355) to extend until fiscal year 2005 certain
acquisition pilot programs and to require a report on the pilot
programs.
The Senate amendment contained a provision (sec. 806)
that would extend this authority through October 1, 2007.
The House recedes with an amendment that would add the
500 pound Joint Direct Attack Munition to the original pilot
program and include a reporting requirement.
Multiyear services contracts (sec. 802)
The House bill contained a provision (sec. 808) that
would amend section 2306b of title 10, United State Code, to
clarify that this section applies to the multiyear procurement
of services, as well as to the multiyear procurement of
property.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would insert a
new section in title 10, United States Code, that would clarify
the authority to enter into multiyear contracts for the
acquisition of services. The conferees direct the Secretary of
Defense to provide to the congressional defense committees, not
later than February 1, 2001, a report that contains information
comparable to that required by section 2306b(l)(4) for each
multiyear service contract and each extension of an existing
multiyear service contract entered into, or planned to be
entered into, during the current or preceding year.
Clarification and extension of authority to carry out certain prototype
projects (sec. 803)
The House bill contained a provision (sec. 805) that
would amend section 845 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160), to extend for
three years the authority of the Defense Advanced Research
Projects Agency, the military departments, and other officials
designated by the Secretary of Defense to carry out prototype
projects using transactions other than contracts, cooperative
agreements, and grants, which must be executed in accordance
with statutes or regulations applicable to contracts.
The Senate amendment contained a provision (sec. 807)
that would extend for three years the other transaction
prototype authority, identify appropriate uses of this
authority to include cost sharing arrangements and the
participation of nontraditional defense contractors, and
establish a pilot program for the transition to follow-on
production contracts for prototypes developed under the section
845 authority.
The House recedes with an amendment to modify the
circumstances under which section 845 authority can be used and
to strike the pilot program for the transition to follow-on
production contracts for prototypes developed under the section
845 authority.
The conferees note the recommendations contained in the
report of the Comptroller General ``Acquisition Reform: DOD's
Guidance on Using Section 845 Agreements Could be Improved''
(GAO/NSIAD -00-33, dated April 2000), that the Secretary of
Defense provide updated guidance that lays out the conditions
for using section 845 agreements and provides a framework to
tailor the terms and conditions appropriate for each agreement.
The General Accounting Office (GAO) recommended that the
Secretary should establish and require the use of a set of
metrics, including the number of commercial firms participating
in section 845 agreements, which are measurable and directly
related to the agreement's use. The GAO also recommended that
these requirements should be in place in time to assist in the
deliberations on whether to extend the authority past September
30, 2001. The conferees further note that the Department of
Defense (DOD) concurred with the need for revised guidance to
help determine when section 845 agreements should be used, and
that the Department planned to issue an updated guide by April
2000. The conferees direct the Secretary of Defense to issue
the revised DOD guidelines for using section 845 agreements
within 90 days of the enactment of this Act.
Clarification of authority of Comptroller General to review records of
participants in certain prototype projects (sec. 804)
The Senate amendment contained a provision (sec. 808)
that would clarify the audit access of the Comptroller General
over other transaction prototype authority agreements for those
contractors who have only done business with the government
under other transaction authority or through cooperative
agreements.
The House bill contained no similar provision.
The House recedes.
Extension of time period of limitation on procurement of ball bearings
and roller bearings (sec. 805)
The House bill contained a provision (sec. 807) that
would amend section 2534 of title 10, United States Code, to
extend the limitations on the procurement of ball bearings and
roller bearings. This provision would also extend the
limitations on the procurement of naval valves for another
three fiscal years, and authorize limitations on the
procurement of polyacrylonitrile based carbon fiber (PAN carbon
fiber) for the next three fiscal years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend
the limitations on the procurement of ball bearings and roller
bearings to October 1, 2005. The conferees note that the
domestic source restriction on PAN carbon fiber was first
instituted in the 1980s after the Department of Defense
determined that it was overly dependent on foreign industry for
PAN carbon fibers. The conferees determined that a legislative
restriction was unnecessary, because the Department of Defense
has extended by three years the regulatory domestic source
restriction on PAN based carbon fibers.
Reporting requirements relating to multiyear contracts (sec. 806)
The Senate amendment contained a provision (sec. 802)
that would clarify the multiyear reporting requirements
required by section 2306b of title 10, United States Code.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
require an annual report that addresses all multiyear
contracts, regardless of the dollar value, and require a
separate report prior to entering into a multiyear contract or
extension above $500.0 million if the information required by
section 2306b, for the contract or extension was not included
in the annual report required by this provision.
Eligibility of small business concerns owned and controlled by women
for assistance under the mentor-protege program (sec. 807)
The Senate amendment contained a provision (sec. 809)
that would add small business concerns owned and controlled by
women to the list of entities that are eligible to participate
in the pilot mentor-protege program established by section 831
of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510).
The House bill contained no similar provision.
The House recedes.
Qualifications required for employment and assignment in contracting
positions (sec. 808)
The Senate amendment contained a provision (sec. 811)
that would require a baccalaureate degree and 24 semester
credit hours in business disciplines for new entrants into the
GS-1102 occupational series and for contracting officers above
the simplified acquisition threshold.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Revision of authority for solutions-based contracting pilot program
(sec. 809)
The Senate amendment contained a provision (sec. 815)
that would amend section 5312 of the Clinger-Cohen Act
(divisions D and E of the National Defense Authorization Act
for Fiscal Year 1996 [Public Law 104-106]) to remove detailed
statutory requirements concerning the development of a pilot
plan to include elimination of the direct participation of
private information technology specialists as part of a public-
private working group.
The House bill contained no similar provision.
The House recedes.
Procurement notice of contracting opportunities through electronic
means (sec. 810)
The Senate amendment contained a provision (sec. 818)
that would allow electronic postings of solicitations through
the single government-wide point of entry designated in the
Federal Acquisition Regulations.
The House bill contained no similar provision.
The House recedes with a technical amendment.

Subtitle B--Information Technology

Acquisition and management of information technology (sec. 811)
The House bill contained a provision (sec. 363) that
would require that for the next three fiscal years all mission
essential and mission critical information technology systems
be registered with the Chief Information Officer of the
Department of Defense (DOD). The House bill also contained a
provision (sec. 806) that would require that in each of the
next three fiscal years the Department of Defense Chief
Information Officercertify that each major automated
information system is in compliance with the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106) prior to granting milestone
approval.
The Senate amendment contained a provision (sec. 803)
with similar registration and approval requirements. The
provision would also require the Chief Information Officers of
the DOD and the military services to maintain a consolidated
inventory of DOD mission critical and mission essential
information systems, to identify interfaces between these and
other information systems, and to maintain contingency plans
for responding to a disruption in the operation of any of these
information systems. The Senate provision included similar
requirements to the House provisions.
The Senate recedes with an amendment that would establish
registration and approval requirements to enhance the
management and oversight of information technology
acquisitions.
Tracking and management of information technology purchases (sec. 812)
The Senate amendment contained a provision (sec. 804)
that would require the Secretary of Defense and the secretaries
of the military departments to administer an automated system
to track and manage purchases of information technology
products and services in excess of the simplified acquisition
threshold.
The House bill contained no similar provision.
The House recedes with an amendment requiring the
Secretary of Defense to provide for the collection of data on
purchases of information technology.
The conferees understand that the requirements of this
section will be met through the incorporation of the new data
elements into the Defense Contract Action Data System which is
the DOD data collection system for reporting contract actions
to the Federal Procurement Data System.
Appropriate use of requirements regarding experience and education of
contractor personnel in the procurement of information
technology services (sec. 813)
The Senate amendment contained a provision (sec. 816)
that would limit the circumstances in which bid solicitations
for contracts of information technology services set forth
minimum contractor personnel requirements for contract award
eligibility.
The House bill contained no similar provision.
The House recedes with an amendment that would preclude
in the bid solicitation for any contract of information
technology services, minimum requirements for contractor
personnel unless: (1) the contracting officer first determines
that the needs of the agency cannot be met without such
requirement; or (2) the needs of the agency require the use of
a type of contract other than a performance-based contract.
Navy-Marine Corps Intranet (sec. 814)
The House bill contained a provision (sec. 332) that
would prohibit the Department of the Navy from using fiscal
year 2001 funds for payment of a long-term contract for
comprehensive end-to-end shore based information services,
known as the Navy Marine Corps Intranet (NMCI), until
supporting documentation is provided to Congress.
The Senate amendment contained a similar provision (sec.
810) that would require the Secretary of the Navy to submit a
report to Congress before beginning performance of the NMCI
contract. The Senate amendment would also require that the
Marine Corps, the naval shipyards, and the naval aviation
depots be excluded from the performance of the contract in the
first year; the program be developed incrementally; the impact
on federal employees be mitigated; and the program be
implemented in accordance with the requirements of the Clinger-
Cohen Act of 1996, and applicable regulations and directives.
The House recedes with an amendment that would prohibit
the Department of Navy to obligate or expend funds on NMCI
until the Comptroller of the Department of Defense and the
Director of the Office of Management and Budget (OMB) have
reviewed and commented on the Department of Navy's June 30,
2000, and July 15, 2000, reports to the Congress; and the
Secretary of the Navy and the Chief of Naval Operations have
submitted a joint certification to Congress that they have
reviewed the business case for the contract, reviewed OMB and
Department of Defense Comptroller comments, and have determined
that implementation of the contract is in the best interest of
the Department of the Navy. The amendment would also require
additional certifications by the DOD Comptroller, the Secretary
of the Navy, and Chief of Naval Operations before more than 15
percent of the planned total number of work stations could be
provided under the NMCI program.
The conferees recognize the need to upgrade the Navy's
shore based information infrastructure, but remain concerned
about affordability and effective management oversight of the
program. To reduce risk in the program, the conferees direct
the Secretary of Navy to ensure that contract management
organization and procedures are in place before a contract is
awarded, service level agreements are fully defined in the
contract, requirements are validated for information technology
services requested, a comprehensive funding transition plan and
schedule, which includes complete and comprehensive cost
estimates, are developed, a system for tracking NMCI costs and
benefits is established, outcome-oriented performance measures
beyond those in the service-level agreements are established,
oversight and reporting responsibilities (both within the Navy
and DOD) over the NMCI program are finalized, and measures of
success are defined for the first increment of the program.
The conferees direct the Comptroller General to review
the Department of Navy's June 30, 2000, and July 15, 2000,
reports to Congress on the NMCI. The Comptroller General shall
report to the Committees on Armed Services of the Senate and
House of Representatives, the Secretary of Navy, and the Chief
of NavalOperations on the risks that face the Navy on the NMCI
program and recommend actions to mitigate such risks no later than 30
days after the enactment of this Act.
Sense of Congress regarding information technology systems for guard
and reserve components (sec. 815)
The House bill contained a provision (sec. 1040) that
would express the sense of Congress regarding information
technology systems.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.

Subtitle C--Other Acquisition-Related Matters

Improvements in procurements of services (sec. 821)
The Senate amendment contained a provision (sec. 801)
that would improve the procurement of services by establishing:
(1) a governmentwide preference for performance based service
contracting; (2) a Department of Defense Center of Excellence
for service contracts; and (3) an incentive for the use of
performance-based service contracts within the Department of
Defense by treating performance based service contracts or
performance based service task orders under $5.0 million as
commercial items and thereby authorizing the use of simplified
commercial procedures under Part 12 of the Federal Acquisition
Regulations.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Financial analysis of use of dual rate for quantifying overhead costs
at army ammunition plants (sec. 822)
The Senate amendment contained a provision (sec. 813)
that would require the Secretary of the Army to conduct a
financial analysis of the benefits and costs of permitting the
use of dual overhead rates at Department of Army government-
owned facilities as a means of encouraging commercial use of
these facilities.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
scope of the financial analysis to Department of Army
ammunition facilities.
Repeal of prohibition on use of Department of Defense funds for the
procurement of nuclear-capable shipyard crane from a foreign
source (sec. 823)
The Senate amendment contained a provision (sec. 143)
that would strike section 8093(d) of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79) relating to the
prohibition on the use of Department of Defense funds to
procure a nuclear-capable shipyard crane from a foreign source.
The House bill contained no similar provision.
The House recedes.
Extension of waiver period for live-fire survivability testing for MH-
47E and MH-60K helicopter modifications programs (sec. 824)
The House bill contained a provision (sec. 804) that
would amend section 142 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484) to authorize the
Secretary of Defense to waive the survivability testing
requirements contained in section 2366 of title 10, United
States Code, for the MH-47E and MH-60K helicopters prior to
full materiel release of those systems.
The Senate amendment contained no similar provision.
The Senate recedes.
Compliance with existing law regarding purchases of equipment and
products (sec. 825)
The House bill contained a provision (sec. 813) that
would limit funds to be expended by an entity of the Department
of Defense (DOD) unless the entity agrees to comply with the
Buy America Act, express the sense of Congress stating that DOD
should only purchase American-made equipment and products, and
require the Secretary of Defense to determine whether a person
should be debarred from federal contracting if that person has
been convicted of fraudulent use of ``Made in America'' labels.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike
the limitation on funding and express the sense of Congress
that DOD should fully comply with the Buy America Act and
section 2533, title 10, United State Code, regarding
determinations of public interest under the Buy American Act.
Requirement to disregard certain agreements in awarding contracts for
the purchase of firearms or ammunition (sec. 826)
The House bill contained a provision (sec. 810) that
would prohibit the Department of Defense from using a
preference for the procurement of items from a marketer or
vendor of firearms or ammunition that has entered into an
agreement to abide by a designated code of conduct, operating
practice, or product design.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.

Subtitle D--Studies and Reports

Study on impact of foreign sourcing of systems on long-term military
readiness and related industrial infrastructure (sec. 831)
The House bill contained a provision (sec. 809) that
would require the Secretary of Defense to study and provide a
report to Congress on whether parts, components, and materials
of certain systems are obtained through domestic sources or
from foreign sources, and the impact on military readiness of
purchasing such items from foreign sources.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
the scope and requirements of the study.
Study of policies and procedures for transfer of commercial activities
(sec. 832)
The Senate amendment contained a provision (sec. 817)
that would require the Comptroller General to convene a panel
to study rules and procedures for public-private competitions
for the performance of government commercial activities.
The House bill contained no similar provision.
The House recedes with an amendment that clarifies the
scope and timing of the study.
Study and report on practice of contract bundling in military
construction contracts (sec. 833)
The House bill contained a provision (sec. 811) that
would would require the Comptroller General to study the use
``contract bundling'' in military construction contracts.
The Senate amendment contained no similar provision.
The Senate recedes.
Requirement to conduct study on contract bundling (sec. 834)
The House bill contained a provision (sec. 812) that
would require the Secretary of Defense to conduct a
comprehensive study of contract bundling by the Department of
Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike
the requirement for the establishment of a contracting data
base and require that the study review the effect of contract
bundling on historically underutilized business zones.

LEGISLATIVE PROVISIONS NOT ADOPTED

Management of acquisition of mission-essential software for major
defense acquisition programs
The House bill contained a provision (sec. 803) that
would require the Under Secretary of Defense for Acquisition,
Technology, and Logistics to designate a Director of Mission-
Essential Software Management.
Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to report
to Congress by March 1, 2001, on: (1) the roles of the
Undersecretary of Defense for Acquisition and Technology and
the Chief Information Officer of the Department of Defense
(DOD) in developing, managing, and reviewing policies regarding
the procurement of mission-essential software; and (2) the
amount of funds for information technology and software used to
support Department of Defense weapon systems.
Repeal of requirement for contractor assurances regarding the
completeness, accuracy, and contractual sufficiency of
technical data provided by contractor
The Senate amendment contained a provision (sec. 805)
that would eliminate the requirement for contractors providing
technical data to the government to furnish written assurances
that the technical data is complete, accurate, and satisfies
the requirements of the contract.
The House bill contained no similar provision.
The Senate recedes.
Revision of the organization and authority of the cost accounting
standards board
The Senate amendment contained a provision (sec. 814)
that would modify the composition of the cost accounting
standards (CAS) board and provide CAS waiver authority for firm
fixed price contracts for which the requirement to provide cost
or pricing data was waived.
The House bill contained no similar provision.
The Senate recedes.
Technical data rights for items developed exclusively at private
expense
The House bill contained a provision (sec. 802) that
would amend section 2320 of title 10, United States Code, by
modifying the circumstances under which a contractor would be
considered responsive to a solicitation.
The Senate amendment contained no similar provision.
The House recedes.
The conferrees note that section 2320 of title 10, United
States Code, establishes the statutory basis for regulations
governing rights in technical data under Department of Defense
contracts. This provision establishes the basic rule that the
government has unlimited rights to technical data developed
exclusively with federal funds; the government does not
generallyhave rights in technical data established exclusively
at private expense; and rights to data developed in part with federal
funds and in part at private expense are negotiable. When the
government purchases an item developed exclusively at private expense,
however, section 2320 reserves the government's limited right to
technical data that ``* * * is necessary for operation, maintenance,
installation, or training (other than detailed manufacturing or process
data).''
Department of Defense officials have noted that it is
increasingly common that commercially-developed systems or
components are either returned to the manufacturer for repair
or discarded. In such cases, these officials state, the
government does not need technical data, and the insistence
that contractors provide such data could discourage commercial
companies from doing business with the government.
The conferees believes that this concern is based upon a
misreading of the statute. Section 2320 requires contractors to
provide only technical data that ``is necessary'' for
operation, maintenance, installation, or training. This
requirement provides executive branch officials with the
flexibility to determine what data, if any, is necessary for
these limited purposes. If, in view of the manner in which the
system or component will be used, no data is necessary for
these purposes, the government should not require the seller to
provide any such data. The conferees direct the Department to
review the regulations implementing section 2320 and adopt any
changes that may be necessary to clarify this point.

Title IX--Department of Defense Organization and Management

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Duties and Functions of Department of Defense Officers

Overall supervision of Department of Defense activities for combating
terrorism (sec. 901)
The Senate amendment contained a provision (sec. 902)
that would designate the Assistant Secretary of Defense for
Special Operations and Low-Intensity Conflict (ASD-SOLIC) as
the principal civilian advisor to the Secretary of Defense on,
and the principal official within the senior management of the
Department of Defense (DOD) (after the Secretary and Deputy
Secretary of Defense) responsible for, combating terrorism. The
ASD-SOLIC would provide overall direction and supervision for
policy, program planning and execution, and allocation and use
of resources for the activities of the Department of Defense
for combating terrorism, including antiterrorism activities,
counterterrorism activities, terrorism consequence management
activities, and terrorism-related intelligence support
activities.
The House bill contained no similar provision.
The House recedes with an amendment that provides the
Secretary with the discretion to designate any one of the
assistant secretaries with the overall supervision of the
Department's combating terrorism activities. The amendment
specifies that should the Secretary designate an assistant
secretary other than ASD-SOLIC, then the responsibilities of
the ASD-SOLIC related to combating terrorism shall be exercised
subject to this provision.
Change of title of certain positions in the Headquarters, Marine Corps
(sec. 902)
The House bill contained a provision (sec. 901) that
would abolish the positions of Chief of Staff and Deputy and
Assistant Chiefs of Staff from Headquarters, Marine Corps, and
would authorize five Deputy Commandant positions within
Headquarters, Marine Corps.
The Senate amendment contained no similar provision.
The Senate recedes.
Clarification of scope of Inspector General authorities under military
whistleblower law (sec. 903)
The House bill contained a provision (sec. 903) that
would clarify the responsibilities of inspectors general under
section 1034 of title 10, United States Code, and would also
clarify that the provisions of this statute applied to any
officer of the armed forces or civilian employee of the
Department of Defense assigned or detailed to serve as an
Inspector General at any level in the Department.
The Senate amendment contained a similar provision (sec.
905).
The Senate recedes.
Policy to ensure conduct of science and technology programs so as to
foster the transition of science and technology to higher
levels of research, development, test, and evaluation (sec.
904)
The Senate amendment contained a provision (sec. 914)
that would clarify the duties of the Chief of Naval Research to
stress the responsibility for transition of science and
technology to higher levels of research, development, test and
evaluation (RDT&E).
The House bill contained no similar provision.
The House recedes with an amendment that would emphasize
the role in fostering the transition of science and technology
to higher levels for all of the officers currently assigned
such duties: the Undersecretary of Defense for
Acquisition,Technology and Logistics, the secretaries of the military
departments, and directors of defense agencies with assigned research,
development, test, and evaluation. The provision would also
specifically address the role of the Chief of Naval Research relative
to assigned duties relating to basic and applied research and advanced
technology development as provided in section 5022 of Title 10, United
States Code. By transition to higher levels of RDT&E, the conferees
intend to include the following: transition of technology to higher
budget categories of RDT&E; to useful application in industry to
operational military techniques; to accessing, retaining, training and
educating military and civilian members of the Department of Defense;
to procurement and to other applications that improve the effectiveness
or reduce the cost of equipment or operations within the Department.
The conferees are concerned that the percentage of
technology initiatives incorporated into acquisition programs
continues to be low. In some cases, this transition problem may
be attributable to the rapid pace of technological developments
and the comparatively slow pace of the acquisition system.
However, there also appears to be a communication problem
between the science and technology community and the
acquisition community in all three services. The conferees
believe that a strong commitment to technology transition is
needed in both communities to ensure the successful
incorporation of technology developments into weapon systems.
Additional components of Chairman of the Joint Chiefs of Staff annual
report on combatant command requirements (sec. 905)
The Senate amendment contained a provision (sec. 1021)
that would amend section 153 of title 10, United States Code,
to require the Chairman of the Joint Chiefs to include within
his report to Congress on the readiness requirements of the
combatant commanders information on the extent to which those
requirements are addressed in the Future Years Defense Program.
The House bill contained no similar provision.
The House recedes with an amendment that would amend the
date of the report to February 1 of each year, and would
require the identification of the extent to which the Future
Years Defense Program includes funds to address the capability
shortfalls identified during the Joint Readiness Review
conducted during the first quarter of the fiscal year.

Subtitle B--Department of Defense Organization

Western Hemisphere Institute for Security Cooperation (sec. 911)
The House bill contained a provision (sec. 908) that
would amend Chapter 108 of Title 10, United States Code,
authorizing the Army to operate the U.S. Army School of the
Americas and would authorize the Secretary of Defense to
operate a Defense Institute for Hemispheric Security
Cooperation. The institute would be operated for the purpose of
providing professional education and training in defense and
security matters to military, law enforcement and civilian
personnel of nations of the Western Hemisphere. The curricula
of the institute would include a minimum of eight hours of
instruction per student in human rights, the rule of law, due
process, civilian control of the military, and the role of the
military in a democratic society. There would be a board of
visitors to oversee the activities and curricula of the
institute and the board would submit an annual report to the
Secretary of Defense and, in turn, to Congress.
The Senate amendment contained a provision (sec. 1204)
that would amend Chapter 108 of Title 10, United States Code,
authorizing the Army to operate the U.S. Army School of the
Americas and would authorize the Secretary of Defense to
operate a Western Hemisphere Institute for Professional
Education and Training. The institute would be operated for the
purpose of providing professional education and training to
military, law enforcement and civilian personnel of the Western
Hemisphere in areas such as leadership development, counterdrug
operations, peace support operations, and disaster relief. The
curricula of the institution would include, at a minimum, eight
hours of instruction relating to human rights, the rule of law,
due process, civilian control of the military, and the role of
the military in a democratic society. There would be a board of
visitors, including four members of Congress and six members
from academia, the religious community, and the human rights
community, to review the institute's curricula and instruction.
The board would submit an annual report to the Secretary of
Defense. The Secretary of Defense would submit an annual
report, in coordination with the Secretary of State and the
heads of other agencies, to Congress detailing the activities
of the institute during the previous calendar year.
The House recedes with an amendment that would name the
institute the Western Hemisphere Institute for Security
Cooperation; modify the composition of the board of visitors to
include the Chairman and Ranking Members of the Armed Services
Committees of the Senate and the House of Representatives, or
their designees; modify the role of the Secretary of State with
regard to the selection of the institute's foreign students;
and require the Secretary of Defense to consult only with the
Secretary of State in the preparation of the annual report.
Department of Defense regional centers for security studies (sec. 912)
The House bill contained a provision (sec. 909) that
would amend title 10, United States Code, to consolidate
various authorities that currently exist regarding the
operation of Department of Defense (DOD) regional centers for
security studies. The provision would also require
congressional notification of an intent to establish additional
regional centers and an annual report to Congress by the
Secretary of Defense on the status, objectives, and operations
of the regional centers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate
the consolidation requirement and expand the annual report
section by requiring that budgetary and international
participation information be included in the report. The
amendment would also require the first annual report to include
any recommendation for legislation that the Secretary considers
appropriate for the operation of DOD regional centers.
The conferees note their intent to address next year the
full range of issues identified by the Department, taking into
account the information contained in the report required by
this section.
Change in name of Armed Forces Staff College to Joint Forces Staff
College (sec. 913)
The House bill contained a provision (sec. 910) that
would amend section 2165 of title 10, United States Code, to
change the name of the Armed Forces Staff College to Joint
Forces Staff College.
The Senate amendment contained no similar provision.
The Senate recedes.
Special authority for administration of Navy Fisher Houses (sec. 914)
The Senate amendment contained a provision (sec. 908)
that would clarify the degree to which the Navy Fisher Houses
may be provided common support equivalent to category B
community support activities and would permit the current
general schedule employees to continue to serve until they
leave those positions.
The House bill contained no similar provision.
The House recedes.
Supervisory control of Armed Forces Retirement Home Board by Secretary
of Defense (sec. 915)
The Senate amendment contained a provision (sec. 911)
that would require the Armed Forces Retirement Home Board to be
subject to the authority, direction, and control of the
Secretary of Defense on the performance of its
responsibilities, and would give the Secretary of Defense
authority over appointment and terms of board members, and
would make the Chairman of the Retirement Home Board
responsible to the Secretary of Defense.
The House bill contained no similar provision.
The House recedes with an amendment that would establish
the effective date for the provision as the date on which the
Secretary of Defense increases the monthly contribution of
enlisted and warrant officer personnel from $0.50 to $1.00 per
month.
Semiannual report on the Joint Requirements Oversight Council reform
initiative (sec. 916)
The Senate amendment contained a provision (sec. 1022)
that would require the Chairman of the Joint Chiefs of Staff to
submit a semiannual report to the congressional defense
committees on specific activities of the Joint Requirements
Oversight Council.
The House bill contained no similar provision.
The House recedes with an amendment that would terminate
the requirement for this report upon submission of a fifth and
final report no later than March 1, 2003. The amendment would
establish reporting periods and specific dates for the
submission of the required reports and clarifies specific
reporting requirements.
Comptroller General review of operations of Defense Logistics Agency
(sec. 917)
The Senate bill contained a provision (sec. 1025) that
would require the Comptroller General to conduct a review of
all the functions of the Defense Logistics Agency to assess
their efficiency, their effectiveness in meeting customer
needs, their ability to adopt best business practices, and to
identify alternative approaches for improving the agency's
operations.
The House amendment had no similar provision.
The House recedes.
Comptroller General review of operations of Defense Information Systems
Agency (sec. 918)
The Senate amendment contained a provision (sec. 1026)
that would require the Comptroller General to conduct a
comprehensive review of the operations of the Defense
Information Systems Agency and make such recommendations that
the Comptroller General determines would improve the support
that this agency provides to the military services.
The House bill contained no similar provision.
The House recedes with a technical amendment.

Subtitle C--Information Security

Institute for Defense Computer Security and Information Protection
(sec. 921)
The Senate amendment contained a provision (sec. 1041)
that would require the Secretary of Defense to establish an
Institute for Defense Computer Security and Information
Protection to conduct research and technology development in
the area of information assurance and to facilitate the
exchange of information regarding cyberthreats, technology,
tools, and other relevant issues. The provision would also
authorize $10.0 million for the Institute.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
$5.0 million for the Institute.
Information security scholarship program (sec. 922)
The Senate amendment contained a provision (sec. 1042)
that would amend Part III of subtitle A of title 10, United
States Code, by establishing an Information Security
Scholarship Program. The program would authorize the Secretary
of Defense to award grants to institutions of higher education
to establish or improve programs in information security and to
provide financial assistance to persons pursuing a
baccalaureate or advanced degree in information assurance.
Grant recipients would incur a government service commitment
commensurate with the educational benefit, as determined by the
Secretary. The provision would also authorize $20.0 million to
support the program.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary to utilize the scholarship program to support
associate degrees or certification programs in information
security, in addition to baccalaureate or advanced degrees, and
would authorize $15.0 million to support the program.

Subtitle D--Reports

Date of submittal of reports on shortfalls in equipment procurement and
military construction for reserve components in future-years
defense programs (sec. 931)
The Senate amendment contained a provision (sec. 1024)
that would amend section 10543 of title 10, United States Code,
to specify that the report required by the section be submitted
not later than 15 days after the date on which the President
submits to Congress the budget for a fiscal year.
The House bill contained no similar provision.
The House recedes.
Report on number of personnel assigned to legislative liaison functions
(sec. 932)
The House bill contained a provision (sec. 904) that
would require the Secretary of Defense to provide to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than December 1, 2000, a report
identifying all personnel assigned to legislative affairs and
legislative liaison functions throughout the military
departments and all defense agencies.
The Senate amendment contained no similar provision.
The Senate recedes.
Joint report on establishment of national collaborative information
analysis capability (sec. 933)
The House bill contained a provision (sec. 905) that
would: (1) require the Secretary of Defense and the Director of
Central Intelligence to prepare a joint report assessing
alternatives for the establishment of a national collaborative
information analysis capability; (2) require the Secretary of
Defense to complete the data mining, profiling, and analysis
capability of the Army's Land Information Warfare Activity; and
(3) restrict funds to establish, support, or implement a data
mining and analysis capability until such a capability is
specifically authorized by law.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1)
require the Secretary of Defense and the Director of Central
Intelligence to prepare a joint report assessing alternatives
for the establishment of a national collaborative information
analysis capability; and (2) require the Secretary of Defense
to complete the data mining, profiling, and analysis capability
of the Army's Land Information Warfare Activity. The amendment
would not restrict funds, but would require the Secretary to
make appropriate use of such capability to provide support to
appropriate national defense components.
Network centric warfare (sec. 934)
The House bill contained a provision (sec. 907) that
would require the Secretary of Defense to submit a report to
the congressional defense committees outlining the efforts of
the Department to define and integrate network centric warfare
concepts into its vision for future military operations.
The Senate amendment contained a similar provision (sec.
906) that would require the Secretary of Defense to submit
three reports: (1) a report on the implementation of network
centric warfare principles; (2) a study on the use of
jointexperimentation for developing network centric warfare concepts;
and (3) a report on science and technology programs to support network
centric warfare concepts.
The House recedes with an amendment that would establish
a requirement for the Secretary of Defense to submit two
reports: (1) a report on implementation of network centric
warfare principles; and (2) a study on the use of joint
experimentation for developing network centric warfare
concepts. The amendment would further clarify specific elements
of the information to be included in the reports.
Report on Air Force Institute of Technology (sec. 935)
The Senate amendment contained a provision (sec. 915)
that would amend Part III of subtitle D of title 10, United
States Code, to codify the Air Force Institute of Technology
and provide a sense of the Senate that the Air Force should
review the organizational structure and operations of the
institute.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of the Air Force to submit a report to the
Committee on Armed Services of the Senate and the House of
Representatives on the roles and missions, organizational
structure, funding, and operations of the Air Force Institute
of Technology as projected through 2010.

Subtitle E--Other Matters

Flexibility in implementation of limitation on major Department of
Defense headquarters activities personnel (sec. 941)
The Senate amendment contained a provision (sec. 901)
that would repeal the requirement to reduce the number of
personnel assigned to major Department of Defense headquarters
activities.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
section 130a of title 10, United States Code, to give the
Secretary of Defense the discretion to reduce the required
personnel reductions in major Department of Defense
headquarters by a cumulative total of 7.5 percent following a
certification to Congress that execution of the current 15
percent reductions would adversely impact National Security.
Consolidation of certain Navy gift funds (sec. 942)
The Senate amendment contained a provision (sec. 912)
that would authorize the Secretary of the Navy to transfer all
amounts in the Naval Historical Center Fund to the Department
of the Navy General Gift Fund and to close the Naval Historical
Fund. The provision would authorize the Secretary of the Navy
to transfer all amounts in the United States Naval Academy
Museum Fund to the gift fund maintained for the benefit and use
of the United States Naval Academy and to close the United
States Naval Academy Museum fund.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Temporary authority to dispose of a gift previously accepted for the
Naval Academy (sec. 943)
The Senate amendment contained a provision (sec. 913)
that would authorize the Naval Academy to, during fiscal year
2001 and at the request of the donor, transfer a gift
previously given to the Naval Academy Gift Fund to another
entity.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Defense acquisition workforce
The House bill contained a provision (sec. 902) that
would require the Secretary of Defense to implement 13,000
reductions in the Department of Defense acquisition workforce
in fiscal year 2001 and would direct the Secretary of Defense
to provide a report containing an implementation plan for re-
shaping, recruiting, and sustaining the Department's
acquisition workforce and any changes in statutory authorities
that the Secretary deems necessary.
The Senate amendment contained a provision (sec. 812)
that would establish a moratorium on further cuts in the
acquisition workforce for three years and require a report on
the sufficiency of the acquisition and support workforce of the
Department of Defense.
The conference agreement does not include this provision.
National Defense Panel 2001
The Senate amendment contained a provision (sec. 903)
that would require the Secretary of Defense to establish a non-
partisan, independent panel to be known as the National Defense
Panel 2001, to accompany the Quadrennial Defense Review being
conducted in 2001.
The House bill contained no similar provision.
The Senate recedes.
Quadrennial National Defense Panel
The Senate amendment contained a provision (sec. 904)
that would amend title 10, United States Code, to require that
the Secretary of Defense establish, on a recurring basis, every
four years in the year preceding the inauguration of a
President, a non-partisan, independent panel to be known as the
National Defense Panel to complement the Quadrennial Defense
Review.
The House bill contained no similar provision.
The Senate recedes.

Title X--General Provisions

legislative provisions adopted

Subtitle A--Financial Matters

Transfer authority (sec. 1001)
The House bill contained a provision (sec. 1001) that
would provide the reprogramming authority for the transfer of
authorized funds made available in Division A of this Act.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Incorporation of classified annex (sec. 1002)
The House bill contained a provision (sec. 1002) that
would incorporate the classified annex prepared by the
Committee on Armed Services into this Act.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment that would
provide that the classified annex prepared by the committee of
conference be incorporated into this Act.
Authorization of emergency supplemental appropriations for fiscal year
2000 (sec. 1003)
The House bill contained a provision (sec. 1003) that
would authorize the emergency supplemental appropriations
enacted in the 2000 Supplemental Appropriations and Rescissions
Act (Public Law 106-246) or in title IX of the Department of
Defense Appropriations Act, 2001 (Public Law 106-259). The
supplemental provided funding for fiscal year 2000 expenses
related to military operations in Kosovo, drug interdiction and
counter-drug activities, and natural disasters.
The Senate amendment contained a similar provision.
The House recedes with a technical amendment.
United States contribution to NATO common-funded budgets in fiscal year
2001 (sec. 1004)
The Senate amendment contained a provision (sec. 1003)
that would authorize the U.S. contribution to NATO common-
funded budgets for fiscal year 2001, including the use of
unexpended balances from prior years. The resolution of
ratification for the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary and the Czech Republic
contained a provision (section 3(2)(c)(ii)) requiring a
specific authorization for U.S. payments to the common-funded
budgets of NATO for each fiscal year, beginning in fiscal year
1999, that payments exceed the fiscal year 1998 total.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Limitation on funds for Bosnia and Kosovo peacekeeping operations for
fiscal year 2001 (sec. 1005)
The House bill contained a provision (sec. 1005) that
would limit the amount of funds authorized to be appropriated
for incremental costs of the armed forces for peacekeeping
operations in Bosnia and Kosovo in fiscal year 2001 to the
amounts contained in the budget request: $1,387.8 million for
Bosnia and $1,650.4 million for Kosovo. The provision would
authorize the President to waive the limitation after
submitting to Congress: (1) a written certification that the
waiver is necessary in the national security interests of the
United States and that the exercise of the waiver will not
adversely affect the readiness of U.S. military forces; (2) a
report setting forth the reasons for the waiver, to include a
discussion of the impact of U.S. military involvement in Balkan
peacekeeping operations on U.S. military readiness; and (3) a
supplemental appropriations request for the Department of
Defense for the additional fiscal year 2001 costs associated
with U.S. military participation in or support for peacekeeping
operations in Bosnia and Kosovo.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Requirement for prompt payment of contract vouchers (sec. 1006)
The Senate amendment contained a provision (sec. 1005)
that would require the Secretary of Defense to reduce the
backlog of vouchers to be paid by the Defense Finance and
Accounting Service to five percent or less of the total
Mechanization of Contract Administration Service vouchers
received. The provision would further require the Secretary of
Defense to submit a report to Congress for any month in which
the five percent goal is not met.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to continue to report to Congress for
the next four years.
Plan for the prompt recording of obligations of funds for contractual
transactions (sec. 1007)
The Senate amendment contained a provision (sec. 1007)
that would require the Secretary of Defense to submit a plan
concerning the timely posting of obligations uniformly
throughout the Department of Defense.
The House bill contained no similar provisions.
The House recedes with a technical and clarifying
amendment.
Electronic submission and processing of claims for contract payments
(sec. 1008)
The Senate amendment contained a provision (sec. 1008)
that would require the Secretary of Defense to submit a plan to
the congressional defense committees by March 31, 2001, for the
electronic submission of contract supporting transactions, such
as invoices, receiving reports, and certifications. The
provision would also require the Secretary to carry out this
plan without establishing a specific deadline.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
for a waiver in cases where the Secretary determines that the
requirement for using electronic means for submitting claims
for a particular type of contracts is unduly burdensome and
establishes an implementation date of June 30, 2001, that may
be waived until October 1, 2002.
Administrative offsets for overpayment of transportation costs (sec.
1009)
The Senate amendment contained a provision (sec. 1009)
that would provide a streamlined offset procedure for amounts
overpaid for transportation services that are below the
simplified acquisition threshold of $100,000. The amounts
offset would be credited to the appropriation or accounts that
funded the transportation service.
The House bill contained no similar provision.
The House recedes with an amendment that would ensure an
appeals process in cases where the vendor challenges the amount
of the administrative offset.
Interest penalties for late payments of interim payments due under
Government service contracts (sec. 1010)
The Senate amendment contained a provision (sec. 1010A)
that would require the payment of interest on vouchers for
service received and not paid for more than 30 days.
The House bill contained no similar provision.
The House recedes with a technical and clarifying
amendment.

Subtitle B--Naval Vessels and Shipyards

Revisions to national defense features program (sec. 1011)
The House bill contained a provision (sec. 1011) that
would amend section 2218 of title 10, United States Code, to
permit the payment to a vessel operator, as consideration for
making a vessel available to the government, on such terms as
the Secretary of Defense or the secretary of a military
department and the operator agree, in an amount equal to the
cost of maintaining the vessel in a four day reduced operating
status (ROS-4) condition in the ready reserve fleet for a
period of 25 years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
notification to Congress 90 days prior to entering into a
contract for national defense features authorized by this
provision.
Sense of Congress on the naming of the CVN-77 aircraft carrier (sec.
1012)
The Senate amendment contained a provision (sec. 1058)
that would express a sense of Congress that the President
designate the final Nimitz-class aircraft carrier, CVN-77, as
the U.S.S. Lexington.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Authority to transfer naval vessels to certain foreign countries (sec.
1013)
The Senate amendment contained a provision (sec. 1201)
that would authorize the Secretary of the Navy to transfer to
various countries on a combined lease-sale basis the following:
four Kidd-class destroyers and four Oliver Hazard Perry-class
frigates; and, on a grant basis, two Thomaston-class dock
landing ships, four Garcia-class frigates, one Dixie-class
destroyer tender, and two Knox-class frigates. Any expense
incurred by the United States in connection with these
transfers would be charged to the recipient. The provision
would also: (1) direct that, to the maximum extent possible,
the Secretary of the Navy shall require, as a condition of
transfer, that repair and refurbishment associated with the
transfer be accomplished in a shipyard located in the United
States; and (2) stipulate that the authority to transfer these
vessels will expire at the end of a two-year period that begins
on the date of enactment of the National Defense Authorization
Act for Fiscal Year 2001.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the President to transfer to various countries the following:
four Oliver Hazard Perry-class frigates on a combined lease-
sale basis; and, on a grant basis, two Thomaston-class dock
landing ships, four Garcia-class frigates, and two Knox-class
frigates.
Authority to consent to retransfer of alternative former naval vessel
by Government of Greece (sec. 1014)
The Senate amendment contained a provision (sec. 1212)
that would provide authority for the retransfer of ex-LST 325
or anyother former U.S. LST that is excess to the needs of the
government of Greece.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.

Subtitle C--Counter-Drug Activities

The budget request for drug interdiction and other
counter-drug activities of the Department of Defense (DOD)
included approximately $1,070.1 million for fiscal year 2001:
$836.3 million for the central transfer account, $155.9 million
within the operating budgets of the military services for
authorized counter-drug operations, and $76.8 million in the
military construction account (division B of this Act) for
infrastructure improvements at the forward operating locations.
The conferees recommend the following fiscal year 2001
budget for the Department's counter-drug activities.

Drug interdiction and counter-drug activities, operations and
maintenance and military construction

[In millions of dollars; may not add due to rounding]

Fiscal Year 2001 Counter-drug Request................... $1,070.1
Goal 1 (Dependent Demand Reduction)................. 22.7
Goal 2 (Support to DLEAs)........................... 89.9
Goal 3 (DOD Personnel Demand Reduction)............. 74.0
Goal 4 (Drug Interdiction--TZ/SWB).................. 447.4
Goal 5 (Supply Reduction)........................... 435.9
Increases:
Caper Focus......................................... 6.0
Puerto Rico ROTHR Security.......................... 1.0
Southwest Border Fence.............................. 5.0
Tethered Aerostat................................... 10.0
National Guard Counter-drug Activities.............. 25.0
Global Hawk......................................... 18.0
Other Counter-narcotics activities.................. 23.1
Decreases:
Air National Guard Fighter Counter-Drug Operations.. 5.0
Carribean Law Enforcement Support................... 3.0
Patrol Coastal Upgrades............................. 3.0
Mexico Counter-Drug Support......................... 3.0
Plan Colombia....................................... 41.4
Forward Operating Locations (division B)............ 76.8
Emergency Supplemental Appropriations Act, 2000
(division B of Public Law 106-246................... 270.6
Forward Operating Locations......................... 116.5
Plan Colombia....................................... 154.1
Fiscal Year 2001 Counter-drug Funding................... 1,026.0
National Guard counter-drug activities
The conferees agree to authorize an increase of $25.0
million for the counter-drug activities of the National Guard
including regional counter-drug training operations such as the
Regional Counter-Drug Training Academy, and the Northeast
Counter-Drug Training Center.
Global Hawk
The conferees agree to authorize $18.0 million for the
concept demonstration of the Global Hawk unmanned aerial
vehicle in a counter-drug role as required in title II this
bill.
Other
The conferees agree to authorize $23.1 million for
additional high-value counter-narcotics activities of the
Department of Defense.
Caribbean law enforcement support
The budget request included $6.7 million for assistance
to law enforcement agencies of Carribean nations. The conferees
agree to authorize a decrease of $3.0 million for this
activity. The conferees expect the Department of State to
provide support for this activity in the future.
Plan Colombia
The conferees agree to authorize a decrease of $41.4
million for Plan Colombia to reflect the fact that these funds
were provided through the Emergency Supplemental Appropriations
Act, 2000 (division B of Public Law 106-246).
Forward operating locations
The conferees agree to authorize a decrease of $76.8
million, as indicated in division B of this Act, for forward
operating locations to reflect the fact that these funds were
provided through the Emergency Supplemental Appropriations Act,
2000 (division B of Public Law 106-246).
Extension of authority to provide additional support for counter-drug
activities of Colombia (sec. 1021)
The Senate amendment contained a provision (sec. 1011)
that would extend through fiscal year 2006 the authority for
the Department of Defense to provide counter-drug assistance to
the Government of Colombia. The provision would also increase
the level of resources authorized to be expended through this
authority to $40.0 million each fiscal year.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the extension of the current program for Colombia through
fiscal year 2006.
Report on Department of Defense expenditures to support foreign
counter-drug activities (sec. 1022)
The House bill contained a provision (sec. 1021) that
would require the Secretary of Defense to provide the
congressional defense committees with a report that details the
expenditure of funds by the Secretary during fiscal year 2000
in direct or indirect support of the counter-drug activities of
foreign governments.
The Senate amendment contained no similar provision.
The Senate recedes.
Recommendations on expansion of support for counter-drug activities
(sec. 1023)
The Senate amendment contained a provision (sec. 1012)
that would require the Secretary of Defense to provide a report
to the Committees on Armed Services of the Senate and House of
Representatives that would outline the Secretary's
recommendations on expanding the Department of Defense counter-
drug authorities under section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85).
The House bill contained no similar provision.
The House recedes.
Review of riverine counter-drug program (sec. 1024)
The Senate amendment contained a provision (sec. 1013)
that would require the Secretary of Defense, acting through the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict, to review the riverine counter-drug program
and provide a report to Congress on the results of that review.
The report should include an assessment of the effectiveness of
the program for each country receiving support and a
recommendation regarding which of the armed forces, units of
the armed forces, or other organizations within the Department
of Defense should be responsible for managing the program.
The House bill contained no similar provision.
The House recedes.
Report on tethered aerostat radar system (sec. 1025)
The House bill contained a provision (sec. 1022) that
would require the Secretary of Defense, in consultation with
the Commissioner of Customs, to provide Congress with a report
on the status of the tethered aerostat radar system used to
conduct counter-drug detection and monitoring, and border
security and air sovereignty operations.
The Senate amendment contained a provision (sec. 315)
that would authorize $33.0 million for continued operation and
standardization of the tethered aerostat radar system.
The Senate recedes with an amendment that would require
the Secretary of Defense to consult with the Secretary of the
Treasury in the preparation of the report.
The conferees also agree to authorize an increase of
$10.0 million for this program in the central transfer account,
and an increase of $8.5 million for this program in title III
of this Act.
Sense of Congress regarding use of the armed forces for counter-drug
and counter-terrorism activities (sec. 1026)
The House bill contained a provision (sec. 1041) that
would authorize the use of military personnel to assist the
Immigration and Naturalization Service and the Customs Service
in preventing the entry of terrorists, drug traffickers,
weapons of mass destruction, illegal narcotics and related
items into the United States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would express
the sense of Congress that the President, as provided for under
current law, should be able to use military personnel to assist
law enforcement agencies in preventing the entry of terrorists,
drug traffickers, weapons of mass destruction, illegal
narcotics and related items into the United States. This
provision would not supercede section 375 of title 10, United
States Code, which specifically prohibits ``direct
participation by a member of the Army, Navy, Air Force, or
Marine Corps in a search, seizure, arrest, or other similar
activity,'' or section 1385 of title 18, United States Code,
which specifically prohibits the use of the military to execute
the laws.
The conferees note that sections 373 and 374 of title 10,
United States Code, allow the Secretary of Defense to make
military personnel available to train, advise, and assist
federal, state, and local civilian law enforcement agencies
through the operation of equipment in support of enforcement
activities, including counter-terrorism and counter-narcotics.

Subtitle D--Counterterrorism and Domestic Preparedness

Preparedness of military installation first responders for incidents
involving weapons of mass destruction (sec. 1031)
The Senate amendment contained a provision (sec. 1023)
that would direct, not later than 90 days after the date of
enactment of this act, the Secretary of Defense to submit to
Congress a report on the program of the Department of Defense
(DOD) to ensure the preparedness of DOD first responders for
incidents involving weapons of mass destruction on military
installations.The provision would direct the Secretary to
include within the report the following: (1) a detailed description of
the program; (2) the schedule and costs associated with the
implementation of the program; (3) how the program is being coordinated
with first responders in the communities in the localities of the
installations; and (4) the plan for promoting the interoperability of
the equipment used by first responders on DOD installations with the
equipment used by the first responders in the local communities.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the report to include a description of deficiencies in the
preparedness of DOD installations to respond to a weapon of
mass destruction incident and the plans of the Department to
correct those deficiencies.
Additional weapons of mass destruction civil support teams (sec. 1032)
The House bill contained a provision (sec. 1038) that
would authorize the Secretary of Defense to establish up to
five additional Weapons of Mass Destruction Civil Support Teams
(WMD-CSTs) (for a total of 32), to the extent that sources of
funding for such additional teams are identified.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment specifying that the
Secretary shall establish five additional WMD-CSTs (for a total
of 32). The amendment also would remove language stating that
the Secretary shall establish the teams only to the extent that
sources of funding are identified. The conferees note that
$15.7 million is authorized, as noted elsewhere in this report,
to fund the five additional WMD-CSTs.
Authority to provide loan guarantees to improve domestic preparedness
to combat cyberterrorism (sec. 1033)
The House bill contained a provision (sec. 1036) that
would authorize the Secretary of Defense, subject to
appropriations, to guarantee the repayment of loans, up to
$10.0 million with respect to all borrowers, for qualified
commercial firms to improve their information security in ways
that improve the information assurance of the Department of
Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
that the Secretary of Defense can contract out to a private
entity for administration of the loan guarantee program, but
not for the guarantees themselves.
Report on the status of domestic preparedness against the threat of
biological terrorism (sec. 1034)
The Senate amendment contained a provision (sec. 1028)
that would require the President to prepare a report on the
status of domestic preparedness against the threat of
biological terrorism. The report shall be delivered to the
Congress not later than March 31, 2001.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to prepare, in consultation with the
Director of Central Intelligence, an intelligence estimate
assessing the threat to the United States posed by a terrorist
using a biological weapon. The intelligence estimate will also
include an assessment of the relative consequences of a
biological terrorist attack compared to attacks using other
types of weapons. The Secretary shall submit the intelligence
estimate to Congress not later than March 1, 2001.
Report on strategy, policies, and programs to combat domestic terrorism
(sec. 1035)
The conferees continue to be concerned about the threat
of domestic terrorism, particularly involving the use of
weapons of mass destruction (WMD), and the ability of the
Federal Government to counter this threat. The conferees note
that the Comptroller General has published a series of reports
on federal programs to combat domestic terrorism, documenting
the progress and problems in organizing and preparing to
respond to a domestic terrorist incident.
The conferees agree to a provision that would require the
Comptroller General to provide an updated report to Congress,
not later than 180 days after enactment of this Act, on federal
strategy, policy and programs to combat domestic terrorism. The
conferees direct the Comptroller General to include in the
report on combating domestic terrorism a discussion of the
following issues: lead agency responsibility for crisis and
consequence management; adequacy of existing plans formulated
by the various federal agencies; threat and risk assessments;
command and control structures; exercises, including a thorough
assessment of the recent Top Official Exercise 2000;
cyberterrorism; and research and development efforts of new
technologies.

Subtitle E--Strategic Forces

Revised nuclear posture review (sec. 1041)
The Senate amendment contained a provision (sec. 1015)
that would require the Secretary of Defense, in consultation
with the Secretary of Energy, to conduct a comprehensive review
of the nuclear posture of the United States for the next 5 to
10 years.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees direct the Secretary of Defense, in
conducting the revised nuclear posture review, to consult with
the Secretaryof Energy only on those matters that relate to the
nuclear weapons stockpile. The conferees urge the Secretary of Defense
to consider, in conducting the revised nuclear posture review, the
results of the report on strategic stability under START III, as
required by section 1503 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65).
Plan for the long-term sustainment and modernization of United States
strategic nuclear forces (sec. 1042)
The Senate amendment contained a provision (sec. 1016)
that would require the Secretary of Defense, in consultation
with the Secretary of Energy, to develop a long-range plan for
the sustainment and modernization of United States strategic
nuclear forces to counter emerging threats and to satisfy the
evolving requirements of deterrence.
The House bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
preparing the plan, to consult with the Secretary of Energy
only on those matters that relate to the nuclear weapons
stockpile.
Modification of scope of waiver authority for limitation on retirement
or dismantlement of strategic nuclear delivery systems (sec.
1043)
The Senate amendment contained a provision (sec. 1017)
that would: (1) amend section 1302(b) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85) to
clarify that the waiver contained in that section applies to
all of the strategic nuclear delivery systems specified in
section 1302(a); and (2) following completion of a new nuclear
posture review, allow the President to waive the limitation on
retirement or dismantlement of strategic nuclear delivery
systems if the President determines that it is in the national
security interests of the United States to do so.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
section 1302(b) of the National Defense Authorization Act for
Fiscal Year 1998 to modify the waiver contained in that section
to apply to all of the strategic nuclear delivery systems
specified in section 1302(a).
Report on the defeat of hardened and deeply buried targets (sec. 1044)
The Senate amendment contained a provision (sec. 1018)
that would require the Secretaries of Defense and Energy to
assess requirements and options for defeating hardened and
deeply buried targets. The provision would expressly authorize
the Department of Energy (DOE) to conduct any limited research
and development that may be necessary to complete such
assessments.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that a recent legal interpretation of
existing law raised questions regarding whether DOE could
participate in or otherwise support certain Department of
Defense (DOD) studies and options assessments for defeating
hardened and deeply buried targets. This expressly allows DOE
to assist DOD with a review of these targets and the options
for defeating such targets. The conferees believe that DOE
should provide information and other assistance required to
help DOD make informed decisions on whether: (1) to proceed
with a new method of defeating hardened and deeply buried
targets; and (2) to seek any necessary modifications to
existing law.
The conferees are concerned that the ability to defeat
hardened and deeply buried targets will continue to be a
significant challenge for the foreseeable future.
Sense of Congress on the maintenance of the Strategic Nuclear Triad
(sec. 1045)
The Senate amendment contained a provision (sec. 1019)
that would express a sense of the Senate that, in light of the
potential for further arms control agreements with the Russian
Federation limiting strategic forces: (1) it is in the national
interest of the United States to maintain a robust and balanced
triad of strategic nuclear delivery systems; and (2) reductions
to U.S. conventional bomber capability are not in the national
interest of the United States.
The House bill contained no similar provision.
The House recedes with an amendment that would express a
sense of Congress on this matter.

Subtitle F--Miscellaneous Reporting Requirements

Management review of working-capital fund activities (sec. 1051)
The Senate amendment contained a provision (sec. 1030)
that would require the Comptroller General to review working-
capital fund activities and identify potential process or
policies that would result in more efficient and economical
operations of those activities.
The House bill amendment contained no similar provision.
The House recedes.
Report on submarine rescue support vessels (sec. 1052)
The Senate amendment contained a provision (sec. 1031)
that would require the Secretary of the Navy to report on the
plan for providing submarine rescue support vessels through
fiscal year 2007.
The House bill contained no similar provision.
The House recedes.
Report on Federal Government progress in developing information
assurance strategies (sec. 1053)
The Senate amendment contained a provision (sec. 1032)
that would require the Federal Government to report on the
status of implementation of information assurance strategies
outlined in Presidential Decision Directive Number 63 and the
roles and responsibilities of the Department of Defense in
defending against attacks on the critical infrastructure of the
United States.
The House bill contained no similar provision.
The House recedes with a clarifying amendment on the
scope, timing, and requirements of the information reported to
Congress.
Department of Defense process for decisionmaking in cases of false
claims (sec. 1054)
The Senate amendment contained a provision (sec. 1065)
that would require the Secretary of Defense to submit to
Congress a report describing the policies and procedures for
Department of Defense decisionmaking under the Civil False
Claims Act (31 U.S.C. 3729 et seq.) and any changes made in the
policies and procedures since January 1, 2000.
The House bill contained no similar provision.
The House recedes with an amendment requiring that the
report also address the manner in which the policies and
procedures have been implemented.

Subtitle G--Government Information Security Reform

Government information security reform (secs. 1061-1065)
The Senate amendment contained a series of provisions
(secs. 1401-1405) that would provide for reform of federal
information security practices.
The House bill contained no similar provision.
The House recedes with an amendment that would simplify
audit and evaluation requirements and would clarify the roles
and responsibilities of the Department of Defense (DOD).
The amendment would establish a new subchapter of title
44, United States Code, addressing the responsibilities of the
Office of Management and Budget (OMB) and federal agencies in
the area of information security. This new subchapter would
remain in effect for two years after the effective date of the
provision. The amendment would provide specific guidance on the
responsibilities of certain agencies including the DOD. The
amendment would also address the relationship between the
defense information assurance program established under section
2224, title 10, United States Code, and the government-wide
information security program.
The conferees note that the conference agreement would
provide the DOD authority to implement its own information
assurance policy in accordance with the requirements of section
2224, title 10, United States Code. The amendment would require
the Director of OMB to delegate policy and oversight authority
with regard to national security systems, classified systems,
and other critical information systems of the Department of
Defense and Intelligence Community to the Secretary of Defense,
the Director of Central Intelligence, and, if designated by the
President, an additional agency head. These agencies would be
directed to develop their own information security policies,
principles, standards, and guidelines. For the DOD, these
policies, principles, standards and guidelines would be
required to cover the full range of information assurance
issues addressed in section 2224 of title 10, United States
Code.

Subtitle H--Security Matters

Limitation on granting of security clearances (sec. 1071)
The Senate amendment contained a provision (sec. 1074)
that would prohibit any officer, employee, or contractor of the
Department of Defense, or any member of the armed forces, from
receiving a security clearance if that person: (1) has been
convicted in any court within the United States and sentenced
to imprisonment for a term exceeding 1 year; (2) is an unlawful
user of, or addicted to any controlled substance; (3) is
currently mentally incompetent; or (4) has been discharged from
the armed forces under dishonorable conditions.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense or the secretaries of the military
departments to waive this provision in meritorious cases for
persons who would otherwise be prohibited from receiving a
security clearance.
Process for prioritizing background investigations for security
clearances for Department of Defense personnel and defense
contractor personnel (sec. 1072)
The Senate amendment contained a provision (sec. 1043)
that would require the Secretary of Defense to establish a
process for prioritizing background investigations for security
clearances for Department of Defense personnel.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to establish a process for
prioritizing background investigations for security clearances
for Departmentof Defense personnel and contractors of the
Department of Defense.
Authority to withhold certain sensitive information from public
disclosure (sec. 1073)
The Senate amendment contained a provision (sec. 1044)
that would authorize the Secretary of Defense, the Secretary of
Transportation, and the Secretary of Energy to withhold from
public disclosure otherwise authorized by law sensitive
information provided by a foreign government or an
international organization which is itself protecting the
information from disclosure. The provision would not authorize
the withholding of information from Congress or, except in the
case of foreign intelligence or counterintelligence activities,
the Comptroller General.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Expansion of authority to exempt geodetic products of the Department of
Defense from public disclosure (sec. 1074)
The Senate amendment contained a provision (sec. 916)
that would expand the authority of the Secretary of Defense to
exempt geodetic products from public disclosure.
The House bill contained no similar provision.
The House recedes.
Expenditures for declassification activities (sec. 1075)
The House bill contained a provision (sec. 1035) that
would: (1) Clarify section 230 of Title 10, United States Code;
(2) limit the amount of funds expended during fiscal year 2001
by the Department of Defense to carry out declassification
activities; and (3) prohibit the Department of Defense, as part
of a special search, from being required to compile records
that have already been declassified.
The Senate amendment contained no similar provision.
The Senate recedes.
Enhanced access to criminal history record information for national
security and other purposes (sec. 1076)
The Senate amendment contained a provision (sec. 1057)
that would amend section 9101 of title 5, United States Code,
to provide expanded access to criminal history information by
the Department of Defense and certain other executive
departments and agencies. The provision would expand the
authority to cover acceptance or retention in the armed forces,
and appointment, retention, or assignment to a position of
public trust or a critical employee. It would also authorize
the Federal Government to obtain the information through the
use of common identifiers, such as names, and would prohibit
states and localities from conditioning the provision of such
information on indemnification agreements.
The House bill contained no similar provision.
The House recedes with an amendment that would strike the
authorization of the use of common identifiers and the
prohibition on the requirement of indemnification agreements,
and would repeal a superseded provision of law.
Two-year extension of authority to engage in commercial activities as
security for intelligence collection activities (sec. 1077)
The Senate amendment contained a provision (sec. 1071)
that would extend the authority provided by section 431(a) of
Title 10, United States Code, by two years.
The House bill contained no similar provision.
The House recedes.
Coordination of nuclear weapons secrecy policies and consideration of
health of workers at former Department of Defense nuclear
facilities (sec. 1078)
The Senate amendment contained a provision (sec. 1077)
that would: (1) Require the Secretary of Defense, in
consultation with the Secretary of Energy, to ensure that
secrecy policies do not prevent or discourage employees at
former nuclear weapons facilities who may have been exposed to
radioactive or other hazardous substances from discussing such
exposures with appropriate health care providers; and (2) seek
to identify individuals who are or were employed at sites that
no longer store, assemble, disassemble, or maintain nuclear
weapons, and, upon determination that such individuals may have
been exposed to radioactive or hazardous substances, notify
such individuals about any such exposure, including an
explanation of how employees can discuss exposures with health
care providers.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that the Department of Defense
operates a number of sites not engaged in the manufacture or
storage of nuclear weapons that may nonetheless have exposed
workers to hazardous substances. The conferees agree that the
Secretary of Defense shall address in the review and
notifications described in this provision workers exposed to
radioactive or other hazardous materials at all such facilities
where secrecy policies may otherwise pose an obstacle to
seeking medical advice and treatment.

Subtitle I--Other Matters

Funds for administrative expenses under Defense Export Loan Guarantee
program (sec. 1081)
The House bill contained a provision (sec. 1031) that
would amend section 2540c of title 10, United States Code, to
provide authority to the Secretary of Defense to fund
administrative expenses under the Defense Export Loan Guarantee
(DELG) Program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to submit to the Congress a report on
the operation of the DELG Program and a determination as to
which Defense Department agency, office, or other activity
should administer, manage, and oversee the loan guarantee
program. The conferees direct the Secretary to submit the
report and determination to Congress prior to providing funds
for DELG Program administrative expenses.
The conferees note that during four years of loan program
operations, the Secretary has provided limited, ad hoc
resources to implement the program. The conferees urge the
Secretary to take such actions as directed so as to utilize
expeditiously the authority to fund administrative expenses for
the DELG Program.
Transit pass program Department of Defense personnel in poor air
quality areas (sec. 1082)
The Senate amendment contained a provision (sec. 1055)
that would direct the Secretary of Defense to, within 180 days
of enactment of this Act, implement the transit pass program
authorized in section 7905 of title 5, United States Code, in
any area in the United States that does not meet the revised
national ambient air quality standards under section 109 of the
Clean Air Act (42 U.S.C. 7409).
The House bill contained no similar provision.
The House recedes.
Transfer of Vietnam-era TA-4 aircraft to a non-profit foundation (sec.
1083)
The House bill contained a provision (sec. 1033) that
would authorize the transfer of an excess TA-4 aircraft to the
non-profit Collings Foundation at no cost to the government.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
that the Collings Foundation demilitarize the aircraft within
one year.
Transfer of 19th century cannon to museum (sec. 1084)
The House bill contained a provision (sec. 1034) that
would authorize the Secretary of the Army to convey to the
Cannonball House Museum in Macon, Georgia, a 12-pound Napoleon
cannon with historical ties to the City of Macon.
The Senate amendment contained a similar provision (sec.
1059).
The Senate recedes with a clarifying amendment.
Fees for providing historical information to the public (sec. 1085)
The Senate amendment contained a provision (sec. 1056)
that would authorize the secretaries of the military
departments to charge the public fees for providing historical
information from the services historical centers or agencies.
These fees could be retained by the military departments to
defray the costs of responding to requests for such
information. The fees charged pursuant to this section could
not exceed the costs of providing the information, and would
not apply to requests from members of the armed forces or
federal employees made in the course of their duties, or to
requests under the Freedom of Information Act (5 U.S.C. 552).
The House bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General to provide a
report to the Committees on Armed Services of the Senate and
House of Representatives one year after the implementation of
this provision by the military departments. The report should
provide data on the fees collected for such information, and
compare those sums with the actual costs to each military
department of responding to such requests.
Grants to American Red Cross for Armed Forces emergency services (sec.
1086)
The Senate amendment contained a provision (sec. 1054)
that would authorize the Secretary of Defense to make a grant
to the American Red Cross up to $9.4 million in each of fiscal
years 2001, 2002, and 2003. Such a grant could not be made
until the American Red Cross certifies that it will expend, for
the Armed Forces Emergency Services, an amount from non-federal
sources that equals or exceeds the amount of the grant.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Technical and clerical amendments (sec. 1087)
The House bill contained a provision (sec. 1032) that
would make various technical and clerical amendments to
existing law.
The Senate amendment contained similar provisions (secs.
602 and 1052).
The Senate recedes with an amendment that would combine
the provisions.
Maximum size of parcel post packages transported overseas for Armed
Forces post offices (sec. 1088)
The Senate amendment contained a provision (sec. 1060)
that would increase the authorized size of packages permitted
to bemailed to eligible patrons of military post offices
overseas to conform with those of the United States Postal Service.
The House bill contained no similar provision.
The House recedes.
Sense of Congress regarding tax treatment of members receiving special
pay for duty subject to hostile fire or imminent danger (sec.
1089)
The Senate amendment contained a provision (sec. 1064)
that would express a sense of the Senate that members of the
armed forces who receive special pay for duty subject to
hostile fire or imminent danger should receive the same tax
treatment as members serving in combat zones.
The House bill contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress that tax treatment should be the same for
special pay for duty subject to hostile for imminent danger and
combat zone pay.
Organization and management of the civil air patrol (sec. 1090)
The House bill contained a provision (sec. 906) that
would codify the agreement recently reached between the
Secretary of the Air Force and the leadership of the Civil Air
Patrol regarding the Civil Air Patrol's status as a volunteer
civilian auxiliary of the Air Force.
The Senate amendment contained a similar provision.
The Senate recedes with an amendment that would not allow
contract employees of the Air Force to commit federal resources
in support of the Civil Air Patrol.
The amendment would also not require a minimum salary for
these contract employees.
Additional duties for the Commission to Assess United States National
Security Space Management and Organization (sec. 1091)
The Senate amendment contained a provision (sec. 907)
that would amend section 1622 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) to
specify additional duties for the Commission to Assess United
States National Security Space Management and Organization.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Commission on the future of the United States aerospace industry (sec.
1092)
The House bill contained a provision (sec. 1039) that
would require the President to establish a commission to assess
the future of the U.S. aerospace industry and to recommend
actions to be taken by the Federal Government to support the
ability of the U.S. aerospace industry to remain robust in the
future.
The Senate amendment contained a similar provision (sec.
1061).
The House recedes with an amendment that would clarify
the scope and requirements of the study. The conferees intend
for the commission to provide guidance and insight to the next
Administration as early as possible. Accordingly, the
commission should plan to submit an interim report to the
administration and the Congress outlining the areas the
commission proposes to review and any preliminary findings.
Drug addiction treatment (sec. 1093)
The conference agreement includes a provision that would
permit certain physicians to prescribe certain narcotic drugs
to assist in combating heroin addiction.

LEGISLATIVE PROVISIONS NOT ADOPTED

Annual OMB/CBO joint report on scoring budget outlays
The Senate amendment contained a provision (sec. 1004)
that would make minor administrative changes to the joint
annual Office of Management and Budget/Congressional Budget
Office (OMB/CBO) report on the scoring of budget outlays.
The House bill amendment contained no similar provision.
The Senate recedes.
Authority to provide headstones or markers for marked graves or
otherwise commemorate certain individuals
The Senate amendment contained a provision (sec. 1067)
that would require the Secretary of Veterans Affairs to, upon
request, provide a headstone or marker for the marked or
unmarked grave of the individual or at some other area
appropriate for the purpose of commemorating the individual.
The House bill contained no similar provision.
The Senate recedes.
Breast cancer stamp extension
The Senate amendment contained a provision (sec. 1073)
that would extend by two years the authorization for the breast
cancer semipostal stamp.
The House bill contained no similar provision.
The Senate recedes.
Comprehensive study and support for criminal investigations and
prosecutions by state and local law enforcement officials
The Senate amendment contained a provision (sec. 1068)
that would require the Comptroller General to collect data and
conduct a study of comparative treatment of hate crimes in
jurisdictions having laws dealing specifically with such crimes
and those having no such laws, and to submit a report to
Congress. The provision would further authorize the Attorney
General, upon request and where special circumstances existed,
to provide assistance in the criminal investigation or
prosecution of any hate crime. The Attorney General would be
further authorized to make grants to states and localities to
assist them in the investigation and prosecution of hate
crimes.
The House bill contained no similar provision.
The Senate recedes.
Local Law Enforcement Enhancement Act of 2000
The Senate amendment contained several provisions (sec.
1501-1510) that would constitute the ``Local Law Enforcement
Act of 2000.'' The Attorney General, at the request of a state
or Indian tribe law enforcement official, could provide
assistance in the investigation or prosecution of certain hate
crimes. The Attorney General could also award grants to state,
local, and Indian tribe law enforcement officials to assist
with the investigation and prosecution of such crimes. Chapter
13 of title 18, United States Code, would be amended to
establish a substantive federal prohibition of certain specific
hate crime acts. No prosecution could be undertaken under this
provision without certification from the Attorney General or
certain other officials of the Department of Justice.
The House bill contained no similar provision.
The Senate recedes.
Plan to ensure compliance with financial management requirements
The House bill contained a provision (sec. 1006) that
would require the Secretary of Defense to submit to the
Congress a plan to ensure compliance by the Department of
Defense, not later than October 1, 2001, with all statutory and
regulatory financial management requirements.
The Senate amendment contained no similar provision.
The House recedes.
Protection of operational files of the Defense Intelligence Agency
The Senate amendment contained a provision (sec. 1045)
that would authorize the Secretary of Defense to withhold from
public disclosure the operational files of the Defense
Intelligence Agency (DIA). These files would be protected from
disclosure to the same extent as provided for under section 701
of the National Security Act of 1947 (50 U.S.C. 431). The
provision would also make applicable to these files the
decennial review of provisions of section 702 of that Act (50
U.S.C. 432), with the Secretary exercising the authority
granted to the Director of Central Intelligence under that
section.
The House bill contained no similar provision.
The Senate recedes.
Repeal of certain provisions shifting outlays from one fiscal year to
another
The House bill contained a provision (sec. 1004), that
would repeal two provisions of the Department of Defense
Appropriations Act for Fiscal Year 2000 (Public Law 106-79)
concerning the Prompt Payment Act and the shifting of pay days
for federal employees. The conferees note that similar
provisions were enacted into law in the Emergency Supplemental
Appropriations Act, 2000 (Public Law 106-246).
The Senate amendment contained similar provisions (secs.
1006 and 1010).
The House and Senate recede.
Report to the Congress regarding extent and severity of child poverty
The Senate amendment contained a provision (sec. 1062)
that would require the Secretary of Health and Human Services
to, not later than June 1, 2001, report to the Congress on the
extent and severity of child poverty in the United States.
The House bill contained no similar provision.
The Senate recedes.
Sense of the Senate concerning long-term economic development aid for
communities rebuilding from hurricane Floyd
The Senate amendment contained a provision (sec. 1066)
that would express the sense of the Senate that additional
community and regional development funding should be
appropriated to assist communities in need of long-term
economic development aid as a result of damage suffered by
Hurricane Floyd.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that additional economic assistance
for the victims of natural disasters was provided in the
Emergency Supplemental Act, 2000 (Public Law 106-246).

Title XI--Department of Defense Civilian Personnel

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Civilian Personnel Management Generally

Employment and compensation of employees for temporary organizations
established by law or executive order (sec. 1101)
The House bill contained a provision (sec. 1101) that
would provide legislative and executive agencies the
flexibility to use a streamlined process to hire and pay
employees for temporary organizations established by law or
executive order.
The Senate amendment contained a similar provision (sec.
1106).
The House recedes with an amendment that would limit the
term of the management flexibility to three years, would
designate the head of the temporary activity as the appointing
authority for the temporary employees, and would limit the
health and life insurance benefits to the same benefit as that
afforded other temporary civil service employees.
Assistive technology accommodations program (sec. 1102)
The Senate amendment contained a provision (sec. 1101)
that would authorize the Secretary of Defense to expand the
Computer/Electronic Accommodations Program to provide assistive
technology services to any department or agency of the Federal
Government.
The House bill contained no similar provision.
The House recedes with an amendment that would restore
the funding for this program to the Defense Health Program.
Extension of authority for voluntary separations in reductions in force
(sec. 1103)
The House bill contained a provision (sec. 1104) that
would extend, until September 30, 2005, the authority of the
Secretary of Defense to allow certain civilian employees to
volunteer for separation under reduction in force procedures
even though those employees would not otherwise be subject to
separation.
The Senate amendment contained a similar provision (sec.
1107).
The House recedes.
Electronic maintenance of performance appraisal systems (sec. 1104)
The Senate amendment contained a provision (sec. 1108)
that would authorize the head of an executive branch agency to
administer and to maintain the performance appraisal system
electronically.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Study on civilian personnel services (sec. 1105)
The Senate amendment contained a provision (sec. 1112)
that would require the Secretary of Defense to establish a
four-year public-private competition pilot program to assess
the extent to which the effectiveness and efficiency of
providing civilian personnel services could be increased by
conducting competitions for the performance of such services
between the public and private sectors.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to study whether civilian personnel
services could be enhanced by public-private competition and
report to the Committees on Armed Services of the Senate and
the House of Representatives, and include, if appropriate, a
proposal for a demonstration program that would test such a
concept.

Subtitle B--Demonstration and Pilot Programs

Pilot program for reengineering the equal employment opportunity
complaint process (sec. 1111)
The House bill contained a provision (sec. 1106) that
would authorize the Secretary of the Navy to carry out a five-
year pilot program to demonstrate improved processes for the
resolution of equal employment opportunity complaints.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a three-year pilot program
to demonstrate improved processes for the resolution of equal
employment opportunity complaints in a minimum of one military
department and two defense agencies, and would require a report
to the Committees on Armed Services of the Senate and the House
of Representatives not later than two years after initiation of
the pilot program.
Work safety demonstration program (sec. 1112)
The Senate amendment contained a provision (sec. 1105)
that would direct the Secretary of Defense to conduct a two-
year work safety demonstration program in which private sector
work safety models would be used to determine whether the work
safety record of civilian employees of Department of Defense
can be improved.
The House bill contained no similar provision.
The House recedes.
Extension, expansion, and revision of authority for experimental
personnel program for scientific and technical personnel (sec.
1113)
The Senate amendment contained a provision (sec. 1113)
that would extend, expand, and revise the authority for the
experimental civilian personnel program for scientific and
technical personnel previously authorized in section 1101 of
theNational Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65) to expand the number of positions in the Defense
Advanced Research Projects Agency from 20 to 40 and would extend the
authority to the military departments for use in the defense
laboratories, the National Imagery and Mapping Agency, and the National
Security Agency.
The House bill contained no similar provision.
The House recedes.
Clarification of personnel management authority under personnel
demonstration project (sec. 1114)
The Senate amendment contained a provision (sec. 1114)
that would provide direct hiring authority to the defense
laboratory directors to appoint individuals and fix their
compensation without the review or approval of any official or
agency other than the Under Secretary of Defense for
Acquisition, Technology and Logistics.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to establish and to operate
demonstration programs in the defense laboratories without the
review or approval of the Office of Personnel Management and
would raise the limit on compensation that may be provided to
laboratory employees under a demonstration project. The
amendment would authorize the Secretary of Defense to appoint
individuals and fix their compensation without the review or
approval of the Office of Personnel Management or any other
outside official or agency.
The conferees believe that this is the single most
important step the Secretary of Defense could take to enable
the defense laboratories to compete with the private sector for
scientific talent, and that the applicable requirements could
adequately be addressed through after-the-fact review. The
conferees urge the Secretary of Defense to provide the
laboratory directors with direct hiring authority, as
authorized by this section.

Subtitle C--Educational Assistance

Restructuring the restriction on degree training (sec. 1121)
The House bill contained a provision (sec. 1102) that
would authorize the Secretary of Defense to pay tuition for a
civilian employee to obtain an academic degree if that degree
training occurs at an accredited institution and is part of a
planned Department of Defense professional development program.
The Senate amendment contained a similar provision (sec.
1118).
The Senate recedes.
Student loan repayment programs (sec. 1122)
The Senate amendment contained a provision (sec. 1069)
that would require the Director of the Office of Personnel
Management to, not later than 240 days after enactment of this
Act, issue regulations that would implement the student loan
repayment program, would eliminate the restriction on repayment
of student loans to professional, technical, or administrative
personnel, and would include federal student loan repayment
programs established since enactment of earlier statutory
authority.
The House bill contained no similar provision.
The House recedes.
Extension of authority for tuition reimbursement and training for
civilian employees in the defense acquisition workforce (sec.
1123)
The House bill contained a provision (sec. 1103) that
would extend the ``shortage of personnel'' designation for
qualified civilian acquisition personnel of the Department of
Defense until September 30, 2005, in order to permit such
personnel to qualify for reimbursement of expenses for training
and tuition.
The Senate amendment contained a similar provision (sec.
1104).
The House recedes.

Subtitle D--Other Benefits

Additional special pay for foreign language proficiency beneficial for
United States national security interests (sec. 1131)
The Senate amendment contained a provision (sec. 1102)
that would authorize the Secretary of Defense to provide
additional pay for civilian employees who maintain a foreign
language proficiency determined to be beneficial for national
security interests.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
additional pay for maintaining proficiency in a foreign
language to those who agree to deploy to an area in which the
foreign language is determined to be critical to the national
security interests.
Approval authority for cash awards in excess of $10,000 (sec. 1132)
The Senate amendment contained a provision (sec. 1109)
that would authorize the Secretary of Defense to grant a cash
award up to the maximum of $25,000 without seeking approval
from the Office of Personnel Management.
The House bill contained no similar provision.
The House recedes.
Leave for crews of certain vessels (sec. 1133)
The Senate amendment contained a provision (sec. 1110)
that would authorize the Military Sealift Command to pay civil
service mariners, in an extended leave status, a lump-sum equal
to the difference between their pay at a temporary promotion
rate and their lower permanent grade rates.
The House bill contained no similar provision.
The House recedes.
Life insurance for emergency essential Department of Defense employees
(sec. 1134)
The Senate amendment contained a provision (sec. 1111)
that would authorize civilian employees designated by the
Secretary of Defense as emergency essential and subject to
being deployed to combat areas to elect to participate in the
Federal Employees Group Life Insurance program.
The House bill contained no similar provision.
The House recedes.

Subtitle E--Intelligence Civilian Personnel

Expansion of defense civilian intelligence personnel system positions
(sec. 1141)
The House bill contained a provision (sec. 1105) that
would authorize the Secretary of Defense to create positions
within the defense civilian intelligence personnel system
outside the designated intelligence components of the
Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes.
Increase in number of positions authorized for the Defense Intelligence
Senior Executive Service (sec. 1142)
The Senate amendment contained a provision (sec. 1103)
that would increase, by 25, the number of positions authorized
for the defense intelligence senior executive service.
The House bill contained no similar provision.
The House recedes.
The conferees note that the 25 additional positions are
authorized for the entire defense intelligence community and
are not intended to be allocated to any single agency within
the defense intelligence community. The conferees direct the
Secretary of Defense to report to the Committees on Armed
Services of the Senate and the House of Representatives, not
later than March 15, 2001, on how the additional senior
executive service positions are allocated within the defense
intelligence community.

Subtitle F--Voluntary Separation Incentive Pay and Early Retirement
Authority

Voluntary separation incentive pay and early retirement authority
(secs. 1151-1153)
The House bill contained a provision (sec. 1107) that
would provide temporary authority to the Secretary of the Air
Force to use voluntary separation incentives and voluntary
early retirement authority for restructuring the work force to
separate up to 1000 civilian employees during each calendar
year through December 31, 2003.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide
temporary authority to the Secretary of Defense to use
voluntary separation incentives and voluntary early retirement
authority for workforce restructuring to meet mission needs,
achieve one or more strength reductions, correct skill
imbalances or reduce the number of high-grade, managerial, or
supervisory positions. The temporary authority to use the
voluntary separation incentives in fiscal year 2001 is limited
to 1000 employees. The temporary authority to use voluntary
separation incentives and the voluntary early retirement
authority in each of fiscal years 2002 and 2003 is limited to
4000 employees. The Secretary of Defense may only carry out
these programs in fiscal years 2002 and 2003 with respect to
workforce restructuring to the extent provided in a law enacted
by the 107th Congress.

LEGISLATIVE PROVISIONS NOT ADOPTED

Department of Defense employee voluntary early retirement authority
The Senate amendment contained a provision (sec. 1117)
that would revise the authority for using voluntary early
retirement authority within the Department of Defense to
include restructuring of the workforce.
The House bill contained no similar provision.
The Senate recedes.
Extension of authority for voluntary separations in reductions in force
The Senate amendment contained a provision (sec. 1115)
that would extend the authority for voluntary separations
during reduction in force actions.
The House bill contained no similar provision.
The Senate recedes.
Extension, revision, and expansion of authorities for use of voluntary
separation incentive pay and voluntary early retirement
The Senate amendment contained a provision (sec. 1116)
that would extend the authority for voluntary separation
incentive pay and voluntary early retirement through September
30, 2005, and would revise the authority for using the
voluntary separation incentive pay within the Department of
Defense to include restructuring of the workforce.
The House bill contained no similar provision.
The Senate recedes.
Strategic plan
The Senate amendment contained a provision (sec. 1119)
that would require the Secretary of Defense to submit a
strategic plan to the congressional defense committees not
later than six months after enactment of this Act and before
exercising any of the authorities for workforce restructuring.
The House bill contained no similar provision.
The Senate recedes.

Title XII--Matters Relating to Other Nations

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Matters Related to Arms Control

Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities (sec. 1201)
The House bill contained a provision (sec. 1201) that
would extend, through fiscal year 2001, the authority of the
Department of Defense to support United Nations-sponsored
inspection and monitoring efforts to ensure full Iraqi
compliance with its international obligations to destroy its
weapons of mass destruction and associated delivery systems.
The provision would limit the assistance that could be provided
by the Secretary of Defense to $15.0 million for fiscal year
2001.
The Senate amendment contained an identical provision
(sec. 1202).
The conference agreement includes this provision.
Support of consultations on Arab and Israeli arms control and regional
security issues (sec. 1202)
The Senate amendment contained a provision (sec. 1211)
that would authorize up to $1.0 million from Defense-wide
Operation and Maintenance accounts for the support of programs
to promote informal, region-wide consultations among Arab,
Israeli, and U.S. officials and experts on arms control and
security issues concerning the Middle East region.
The House bill contained no similar provision.
The House recedes with an amendment that would expand the
scope of the programs to include formal consultations.
Furnishing of nuclear test monitoring equipment to foreign governments
(sec. 1203)
The Senate amendment contained a provision (sec. 1206)
that would authorize the Secretary of Defense to accept
contributions from a foreign government or other entities for
the development, procurement, installation, operation, repair,
or maintenance of equipment for monitoring nuclear test
explosions, and to loan or convey nuclear test monitoring
equipment to a foreign government, subject to a required
agreement.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to convey or to provide nuclear test
monitoring equipment to a foreign government, subject to a
required agreement.
The conferees believe that section 2608 of title 10,
United States Code, already permits the Secretary of Defense to
accept and to use contributions for purposes specified in the
Senate amendment. Therefore, the conferees do not believe that
additional authority is required. If the Secretary, in
consultation with the Office of Management and Budget,
determines that additional authority is required, the conferees
are willing to reevaluate this matter in the future.
Additional matters for annual report on transfers of militarily
sensitive technology to countries and entities of concern (sec.
1204)
The Senate amendment contained a provision (sec. 1075)
that would require that the annual report required by section
1402 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65) on transfers of militarily sensitive
technology to countries of concern include a description of
actions taken on recommendations of inspectors general
contained in previous annual reports.
The House bill contained no similar provision.
The House recedes with a technical amendment.

Subtitle B--Matters Relating to the Balkans

Annual report assessing effect of continued operations in the Balkans
region on readiness to execute the national military strategy
(sec. 1211)
The House bill contained a provision (sec. 1202) that
would amend section 1035 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65) to make the report
on the readiness impact of U.S. military operations in the
Balkans an annual report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would sunset
the reporting requirement upon termination of U.S. military
activities in the Balkans.
Situation in the Balkans (sec. 1212)
The House bill contained a provision (sec. 1203) that
would require the President to establish, not later than May
31, 2001, militarily significant benchmarks for conditions that
would achieve a sustainable peace in Kosovo and ultimately
allow for the withdrawal of the U.S. military presence in
Kosovo. In developing those benchmarks, the Congress would urge
the President to seek the concurrence of North Atlantic Treaty
Organization (NATO) member nations. The provision would also
require the President to develop a comprehensive political-
military strategy for addressing the political, economic,
humanitarian and military issues in the Balkans, and to
establish near-term, mid-term and long-term objectives in the
region. Finally, the provision would require the President to
submit semiannual reports, beginning no later than June 30,
2001, on the progress being made in developing and implementing
a comprehensive political-military strategy, and the progress
being made in achieving the conditions established by the
benchmarks.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the President to submit a single semiannual report on the
progress made in achieving both the benchmarks for Kosovo and
the benchmarks for Bosnia, as required by section 7 of the 1998
Supplemental Appropriations and Rescissions Act (Public Law
105-174), and would make other technical modifications.
Semiannual report on Kosovo peacekeeping (sec. 1213)
The House bill contained a provision (sec. 1205) that
would prohibit the use of Department of Defense funds for the
continued deployment of U.S. ground combat troops in Kosovo
after April 1, 2001, unless the President certifies to the
Congress, prior to April 1, 2001, that the European Commission,
the member nations of the European Union (EU), and the European
member nations of the North Atlantic Treaty Organization (NATO)
have provided specific amounts and types of assistance to the
peacekeeping operations in Kosovo. The provision would also
require the President to submit to the Congress, not later than
April 30, 2001, a plan for the withdrawal of U.S. ground combat
troops from Kosovo, if the President does not make the required
certification; and submit a report to the Congress detailing
the commitments and contributions of various European nations
and organizations and the United Nations to the peacekeeping
operations in Kosovo.
The Senate amendment contained a similar provision (sec.
1205) that would require a biannual report from the President
to the Congress detailing the commitments and contributions of
various European nations and organizations and the United
Nations to the peacekeeping operations in Kosovo.
The House recedes.
The conferees note that, since congressional action
focused attention on this issue earlier this year, European
nations and organizations have made progress in providing the
assistance and personnel they have pledged to peacekeeping
operations in Kosovo. While more needs to be done by the
Europeans in providing needed resources to the international
community's operations, the conferees recognize that the pace
of the civil implementation effort in Kosovo has improved since
the beginning of the year. The conferees remain concerned,
however, that U.S. troops, and the troops of other nations
serving in Kosovo continue to perform a variety of non-military
missions to compensate for remaining shortfalls in the civil
implementation effort. In recognition of the fact that the
United States bore the major share of the military burden for
the air war on behalf of Kosovo, European nations agreed to pay
the major share of the burden to secure the peace. The
conferees believe that the Europeans must fulfill that
commitment. The report required by this provision will provide
the Congress with the information necessary, on a regular
basis, to evaluate the performance of the nations and
organizations covered by this provision in fulfilling their
commitments regarding Kosovo. It is the intention of the
conferees to pursue legislative options in the future if those
commitments are not fulfilled.

Subtitle C--North Atlantic Treaty Organization and United States Forces
in Europe

NATO fair burdensharing (sec. 1221)
The House bill contained a provision (sec. 1206) that
would require the Secretary of Defense to submit a report to
the Committees on Armed Services of the Senate and the House of
Representatives on the costs to the United States of Operation
Allied Force conducted against the Federal Republic of
Yugoslavia. The report would include: (1) the costs of ordnance
expended, fuel consumed, and personnel; (2) the estimated cost
of the reduced service life of U.S. weapons systems which
participated in the operation; and (3) whether and how the
United States is being compensated byother NATO member nations
for the costs of Operation Allied Force. The provision also would
require a report from the Secretary whenever NATO undertakes a future
military operation with the participation of the United States. The
report would include: (1) how the costs of that operation are to be
equitably distributed among the NATO member nations; or (2) how the
United States is to be compensated by other NATO member nations, if the
costs are borne disproportionately by the United States. The report
would be due 30 days after the beginning of a military operation, or
later, if the Secretary determines that such a delay is necessary to
avoid an undue burden to ongoing operations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1)
delete the requirement for the Secretary to report on whether
and how the United States is being compensated by other NATO
nations for the costs of Operation Allied Force; (2) change the
reporting requirement on future NATO military operations to
apply to all NATO operations, and to include information on the
contributions to that operation made by each of the member
nations of NATO and the contributions that each member nation
of NATO makes or has pledged to make during any follow-on
operation; and, (3) require the report on future operations to
be submitted not later than 90 days after the completion of the
military operation.
Repeal of restriction preventing cooperative airlift support through
acquisition and cross-servicing agreements (sec. 1222)
The Senate amendment contained a provision (sec. 1203)
that would amend section 2350c of title 10, United States Code,
to repeal the restriction that authorizes the Secretary of
Defense to enter into military airlift agreements with allied
countries only under the authority of section 2350c.
The House bill contained no similar provision.
The House recedes.
GAO study on the benefits and costs of the United States military
engagement in Europe (sec. 1223)
The House bill contained a provision (sec. 1207) that
would require the Comptroller General to conduct a study
assessing the value to the United States and its national
security interests gained from the engagement of U.S. Armed
Forces in Europe and from military strategies used to shape the
international security environment in Europe. The study would
include an assessment of a number of issues related to the U.S.
military presence in Europe and the contributions made by the
European allies of the United States. The report would be
submitted to the Committees on Armed Services of the Senate and
House of Representatives not later than March 1, 2001.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change
the report to a study of the benefits and costs of U.S.
military engagement in Europe and change the date for the
submission of the report to December 1, 2001.

Subtitle D--Other Matters

Joint data exchange center with Russian Federation on early warning
systems and notification of ballistic missile launches (sec.
1231)
The Senate amendment contained a provision (sec. 1213)
that would authorize the Secretary of Defense to establish, in
conjunction with the Government of the Russian Federation, a
United States-Russian Federation joint center for the exchange
of data from early warning systems and for notification of
missile launches.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1)
authorize the Secretary of Defense to establish a U.S.-Russian
Federation joint center for the exchange of data from early
warning systems and for notification of missile launches; (2)
require that the Secretary submit a report to the Armed
Services Committees of the Senate and the House of
Representatives on plans for the joint data exchange center;
and (3) prohibit the obligation of more than $4.0 million of
fiscal year 2001 funds for establishment of the joint data
exchange center until 30 days after the date on which the
Secretary submits a copy of a written agreement between the
United States and Russia providing the details of the cost-
sharing arrangement required in the Memorandum of Agreement of
June 4, 2000.
Report on sharing and exchange of ballistic missile launch early
warning data (sec. 1232)
The Senate amendment contained a provision (sec. 1029)
that would require the Secretary of Defense to report on the
feasibility and advisability of establishing a center at which
missile launch early warning data from the United States and
other nations would be made available to nations concerned with
the launch of ballistic missiles.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to report on current and planned
activities of the Department of Defense with respect to the
sharing and exchange with other countries of early warning data
concerning ballistic missile launches. The report shall include
the Secretary's assessment of the benefits and risks of sharing
such data with other countries on a bilateral or multilateral
basis.
Annual report of Communist Chinese military companies operating in the
United States (sec. 1233)
The House bill contained a provision (sec. 1208) that
would express the sense of Congress that the Secretary of
Defense has not complied with requirements of section 1237 of
the Strom Thurmond National Defense Act for Fiscal Year 1999
(Public Law 105-261) to publish and update a list of Communist
Chinese military companies operating in the United States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate
the sense of Congress and would amend section 1237 to require
the Secretary to report on, rather than publish, a list of
Communist Chinese military companies operating in the United
States. The Secretary would be directed to submit that report
to the following: the Committee on Armed Services of the House
of Representatives; the Committee on Armed Services of the
Senate; the Secretary of State; the Secretary of the Treasury;
the Attorney General; the Secretary of Commerce; the Secretary
of Energy; and the Director of Central Intelligence.
Adjustment of composite theoretical performance levels of high
performance computers (sec. 1234)
The House bill contained a provision (sec. 1209) that
would amend section 1211 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85) to limit to 60
days, excluding days when the Congress is not in session
because of an adjournment sine die, the time period for
congressional review of a presidential change to the export
control levels for high performance computers prior to that
change going into effect.
The Senate amendment contained an identical provision
(sec. 1214).
The conference agreement includes this provision.
The conferees believe that the administration needs to
adequately assess the national security implications of
commercial technological diffusion before new export levels are
proposed. For that reason, the conferees direct the Secretary
of Defense and the Director for Central Intelligence to jointly
submit to Congress, not later than April 1, 2001, a report on
the national security implications of trends in the research
and development, manufacture, use, and proliferation of
information technology in the commercial sector.
The report shall include a discussion of the following
matters: (1) whether commercially available information
technology has been or could be used for military and
intelligence purposes by foreign nations and terrorist
organizations, and the threats that such uses could pose to
U.S. national security interests; (2) the advisability of
inserting commercially available information technology as
components into U.S. weapons systems, together with a
discussion of the challenges associated with doing so; (3)
whether the United States has the ability to control the
proliferation of commercially available information technology
effectively through unilateral or multilateral export control
regimes; and (4) the identification of critical commercially
available information technologies and associated knowledge for
which unilateral, multilateral, or alternative export controls
may be needed in the preservation of U.S. national security
interests. The report should also consider the advisability of
establishing a center to assess the military utility of
commercially available information technology produced by both
U.S. and foreign commercial sectors.
Increased authority to provide healthcare services as humanitarian and
civic assistance (sec. 1235)
The Senate amendment contained a provision (sec. 321)
that would allow under-served areas, as well as rural areas, to
receive medical, dental, and veterinary services through the
humanitarian and civic assistance program.
The House bill contained no similar provision.
The House recedes.
The conferees note that this increased authority is to be
used in conjunction with authorized U.S. military operations in
furtherance of U.S. security interests and the expansion of the
operational readiness skills of the armed forces, and shall be
carried out at no additional cost to the Department of Defense.
Sense of Congress regarding the use of children as soldiers (sec. 1236)
The Senate amendment contained a provision (sec. 1210)
that would express the sense of Congress that the use of
children as soldiers by governmental and non-governmental armed
forces should be condemned worldwide, the optional protocol is
a critical first step in ending the use of children as
soldiers, that the President should consult closely with the
Senate with the objective of building support for the optional
protocol, that the President and Congress should work together
to enact a law that establishes a fund for the rehabilitation
and reintegration into society of child soldiers, and that the
Secretaries of the Departments of State and Defense should
undertake all possible efforts to persuade and encourage other
governments to ratify and endorse the optional protocol on the
use of child soldiers.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress regarding undersea rescue and recovery (sec. 1237)
The conferees agree to a provision that would express the
sympathy of the Congress and of the American people to the
people of the Russian Federation over the death of the crewmen
of the submarine Kursk. The provision urges the President of
the United States and the President of the Russian Federation,
in coordination with the leaders of other maritime nations, to
cooperate in establishing a plan for response, rescue, and
recovery of the crew of undersea vessels involved in undersea
accidents or incidents.
United States-China Security Review Commission (sec. 1238)
The Senate amendment contained a provision (sec. 1076)
that would amend The Trade Deficit Review Commission Act to
establish a 12-member commission, the United States-China
Security Review Commission, to monitor and assess the national
security implications of the evolving bilateral trade and
economic relationship between the United States and the
People's Republic of China. The commission would be established
on the framework of the Trade Deficit Review Commission, which
is scheduled to complete its work by the end of this year, and
would issue an annual report.
The House bill contained no similar provision.
The House recedes with an amendment that would establish
a free-standing United States-China Security Review Commission
to review the national security implications of trade and
economic ties between the United States and the People's
Republic of China. The amendment would facilitate the
assumption by the United States-China Security Review
Commission of its duties regarding the review by providing for
the transfer to that commission of staff, materials, and
infrastructure of the Trade Deficit Review Commission that are
appropriate for the review after the submittal of the final
report of the Trade Deficit Review Commission. The amendment
would also provide that the members of the Trade Deficit Review
Commission, as of the date of the enactment of this Act, shall
serve as members of the United States-China Security Review
Commission until such time as members are appointed.

LEGISLATIVE PROVISIONS NOT ADOPTED

Limitation on number of military personnel in Colombia
The House bill contained a provision (sec. 1204) that
would establish a limit of 500 on the number of U.S. military
personnel authorized to be on duty in the Republic of Colombia
at any time. The limit would not apply to military personnel
deployed to Colombia for the purpose of rescuing or retrieving
U.S. Government personnel, military personnel attached to the
U.S. Embassy, military personnel engaged in relief operations,
or nonoperational transient military personnel.
The Senate amendment contained no similar provision.
The House recedes.
Prohibition on assumption by United States Government of liability for
nuclear accidents in North Korea
The House bill contained a provision (sec. 1210) that
would prohibit the President or any department, agency, or
instrumentality of the U.S. Government from using the authority
of Public Law 85-804 (50 U.S.C. 1431) or any other provision of
law to enter into any contract or arrangement which would
impose liability on the U.S. Government for nuclear accidents
occurring in North Korea.
The Senate amendment contained no similar provision.
The House recedes.

Title XIII--Cooperative Threat Reduction With States of the Former
Soviet Union

LEGISLATIVE PROVISIONS ADOPTED

Specification of cooperative threat reduction programs and funds (sec.
1301)
The House bill contained a provision (sec. 1301) that
would define Cooperative Threat Reduction (CTR) programs and
Department of Defense funding for CTR programs, and make fiscal
year 2001 CTR funds available for obligation for three fiscal
years.
The Senate amendment contained no similar provision.
The Senate recedes.
Funding allocations (sec. 1302)
The budget request included $458.4 million for the
Cooperative Threat Reduction (CTR) Program.
The House bill contained a provision (sec. 1302) that
would authorize $443.4 million for the CTR Program for fiscal
year 2001, a $15.0 million decrease. The provision would
increase funding for strategic nuclear arms elimination
projects in Russia and Ukraine, decrease funding for defense
and military contacts, and deny funding, pursuant to the
prohibition contained in section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65), for
activities related to a chemical weapons destruction facility
in Russia.
The Senate amendment would authorize the budget request.
The Senate recedes with an amendment that would authorize
$443.4 million for CTR programs to include: $177.8 million for
strategic offensive arms elimination in Russia; $29.1 million
for strategic nuclear arms elimination in Ukraine; $9.3 million
for warhead dismantlement processing in Russia; $14.0 million
for weapons transportation security in Russia; $57.4 million
for planning, design, and construction of the storage facility
for Russian fissile materials; $89.7 million for weapons
storage security in Russia; $32.1 million for the elimination
of the production of weapons grade plutonium at Russian
reactors; $12.0 million for biological weapons proliferation
prevention activities in the former Soviet Union; $13.0 million
for other assessments and administrative support, and $9.0
million for defense and military contacts.
Prohibition on use of funds for elimination of conventional weapons
(sec. 1303)
The House bill contained a provision (sec. 1303) that
would prohibit the use of Cooperative Threat Reduction (CTR)
funds to be used for the elimination of conventional weapons or
delivery vehicles primarily intended to deliver such weapons.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees continue to believe that the CTR program
should remain focused on eliminating the threat posed by
weapons of mass destruction and their delivery vehicles in the
former Soviet Union. The conferees are concerned by indications
that the Department of Defense may be considering using CTR
funds for the elimination of delivery systems primarily
intended to deliver conventional weapons, and note that such
actions would be prohibited by this section.
Limitations on use of funds for fissile material storage facility (sec.
1304)
The House bill contained a provision (sec. 1304) that
would limit the use of fiscal year 2001 Cooperative Threat
Reduction funds for construction, design, or planning of a
second wing for the Mayak fissile material storage facility
until 15 days after the date that the Secretary of Defense
submits to Congress notification that Russia and the United
States have signed a written transparency agreement that
provides that the material stored at the facility is of weapons
origin. The provision also establishes a funding cap for the
first wing of the facility of not more than $412.6 million.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
The conferees agree to establish a funding cap for the
first wing of the facility because of continuing concerns over
the ability and willingness of Russia to pay its share of the
costs, and the previous agreement of the Department of Defense
to absorb additional costs without prior congressional
consultation.
Limitation on use of funds to support warhead dismantlement processing
(sec. 1305)
The House bill contained a provision (sec. 1307) that
would limit fiscal year 2001 funds for warhead dismantlement
processing in Russia until 15 days after the date that the
Secretary of Defense submits to Congress notification that the
United States has reached an agreement with Russia, providing
for appropriate transparency measures regarding assistance by
the United States with respect to such processing.
The Senate amendment contained no similar provision.
The Senate recedes.
Agreement on nuclear weapons storage sites (sec. 1306)
The House bill contained a provision (sec. 1308) that
would direct the Secretary of Defense to seek to enter into an
agreement with Russia regarding procedures to allow the United
States appropriate access to nuclear weapons storage sites for
which assistance under Cooperative Threat Reduction programs is
provided.
The Senate amendment contained no similar provision.
The Senate recedes.
Limitation on use of funds for construction of fossil fuel energy
plants; report (sec. 1307)
The House bill contained a provision (sec. 1309) that
would prevent Cooperative Threat Reduction (CTR) funds from
being used for the construction of a fossil fuel energy plant.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that prevents fiscal
year 2001 CTR funds from being used for the construction of a
fossil fuel energy plant intended to provide power to local
communities already receiving power from nuclear energy plants
that produce plutonium. The amendment also would require a
report to Congress, no later than 60 days after enactment of
this Act, detailing options for assisting Russia in the
development of alternative energy sources to the three
plutonium production reactors remaining in operation in Russia.
Reports on activities and assistance under cooperative threat reduction
programs (sec. 1308)
The Senate amendment contained a provision (sec. 1207)
that would consolidate several annual reporting requirements
concerning the Cooperative Threat Reduction (CTR) program. The
consolidated report would include: (1) an estimate of the total
amount required to be expended to achieve the objectives of the
program; (2) a description of a five year plan; (3) a
description of the program activities carried out during the
previous fiscal year; (4) a description of the audits and
examinations conducted by the program to account for and ensure
that the assistance is being used for its intended purpose; and
(5) a current description of the tactical nuclear weapons
arsenal of Russia. The first report would be submitted to
Congress not later than the first Monday in February 2002. Also
contained in the annual report would be a requirement for the
Comptroller General of the United States to conduct an annual
assessment of the information provided in the consolidated CTR
report. The assessment would be due 60 days after the date on
which the annual report is submitted to Congress.
The House bill contained a provision (sec. 1305) that
would limit not more than 10 percent of fiscal year 2001
Cooperative Threat Reduction (CTR) funds from being expended or
obligated until the Department of Defense submits to Congress
an updated version of the CTR multiyear plan for fiscal year
2001, andanother provision (sec. 1306) that would require the
first report on Russian nonstrategic nuclear arms to be submitted to
Congress not later than October 1, 2000.
The House recedes with an amendment that would add the
provisions from the House bill to the CTR consolidated report,
require the first consolidated report to be due on February 5,
2001, and narrow the scope of the Comptroller General's
assessment to a review of the five year plan and the audits and
examinations information in the annual report. This assessment
would be submitted to Congress not later than 90 days after the
date the CTR annual report is submitted to Congress, with the
first Comptroller General's assessment submitted in 2001.
The conferees note that there have been repeated delays
in the submission of the CTR reports to the Congress. The
conferees expect that consolidating CTR reporting requirements
into one annual report will facilitate the Department's ability
to meet the congressionally mandated due date each year. The
conferees believe that meeting this deadline provides the
Congress with critical programmatic information crucial to the
oversight of the CTR program. Failure to meet such deadlines
impedes congressional oversight and is of great concern to the
conferees. In light of this concern, the conferees expect the
Department to meet the CTR report requirements and deadline,
and agree that noncompliance may warrant future legislative
measures to limit funding obligations and expenditures until
such time as the necessary information is provided to the
Congress.
Russian chemical weapons elimination (sec. 1309)
The Senate amendment contained a provision (sec. 1208)
that would amend the prohibition contained in section 1305 of
the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65) to limit fiscal year 2000 Cooperative
Threat Reduction (CTR) funds, and funds appropriated after the
date of enactment, from being obligated or expended to
construct the Shchuch'ye chemical weapons destruction facility
in Russia until 30 days after the Secretary of Defense
certifies in writing to the Armed Services Committees of the
Senate and the House of Representatives that for that fiscal
year four specific criteria have been met. These criteria are:
(1) that the government of Russia has agreed to provide at
least $25.0 million annually for the construction, support, and
operation of the facility; (2) that Russia has agreed to
utilize this facility to destroy the remaining four stockpiles
of nerve agents located throughout Russia; (3) that the United
States has obtained multiyear commitments from the
international community for the support of social
infrastructure projects for Shchuch'ye; and (4) that Russia has
agreed to destroy its chemical weapons production facilities at
Volgograd and Novocheboksark.
The House bill contained no similar provision.
The House recedes with an amendment that would express
support for international assistance, when practicable, to
assist Russia in eliminating its chemical weapons stockpile in
accordance with Russia's obligations under the Chemical Weapons
Convention. The amendment would also require that the Secretary
of Defense submit a report to the Armed Services Committees of
the Senate and the House of Representatives that identifies:
(1) the amount of money spent by Russia for chemical weapons
elimination during fiscal year 2000; (2) the assistance being
provided by the international community for the safe storage
and elimination of Russia's stockpile of nerve agents,
including those at Shchuch'ye; (3) the countries providing the
assistance; and (4) the value of the assistance that the
international community has already provided and has committed
for this purpose.
The conferees agree not to repeal or amend the existing
prohibition contained in Public Law 106-65 on funding for the
chemical weapons destruction facility in Russia. The conferees
believe the international community should take a more active
role in assisting Russia with its chemical weapons elimination
efforts. The conferees will continue to monitor progress in the
effort to reduce and eliminate the threat from Russia's
chemical weapons, including the participation of the
international community in this effort. The conferees note that
there are a number of options available within the CTR Program
to advance U.S. threat reduction and nonproliferation
objectives, including assisting Russia in its efforts to secure
and eliminate its chemical weapons stockpiles. The conferees
note the availability of prior-year funds that may be used to
support this effort.
Limitation on use of funds for elimination of weapons grade plutonium
program (sec. 1310)
The Senate amendment contained a provision (sec. 1209)
that would prevent more than 50 percent of fiscal year 2001
Cooperative Threat Reduction (CTR) funds from being obligated
or expended until 30 days after the Secretary of Defense
submits to Congress a report on an agreement between the United
States and Russia regarding a new option selected for the shut
down or conversion of the reactors in the elimination of
weapons grade plutonium program in Russia. The report must also
contain the new date when such reactors will cease production
of weapons grade plutonium and any cost sharing arrangements
between Russia and the United States in undertaking the
activities in this program.
The House bill contained no similar provision.
The House recedes.
Report on audits of Cooperative Threat Reduction programs (sec. 1311)
The House bill contained a provision (sec. 1310) that
would direct the Comptroller General to submit to Congress a
report notlater than March 31, 2001, examining the procedures
and mechanisms with respect to audits by the Department of Defense of
the use of funds for Cooperative Threat Reduction programs.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Limitation on use of funds for prevention of biological weapons
proliferation in Russia
The House bill contained a provision (sec. 1311) that
would limit Cooperative Threat Reduction funds from being
obligated or expended for the prevention of proliferation of
biological weapons in Russia until the President submits to
Congress the report on the Expanded Threat Reduction Initiative
required by section 1309 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65). This report was
due March 31, 2000.
The Senate amendment contained no similar provision.
The House recedes.

Title XIV--Commission To Assess the Threat to the United States From
Electromagnetic Pulse (EMP) Attack

LEGISLATIVE PROVISIONS ADOPTED

Commission to assess the threat to the United States from
electromagnetic pulse (EMP) attack (secs. 1401-1409)
The House bill contained a provision (secs. 1401-1409)
that would establish a Commission to Assess the Threat to the
United States from Electromagnetic Pulse (EMP) Attack.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to submit a report to Congress
commenting on the Commission's findings and conclusions,
describing the political-military scenarios that could possibly
lead to an EMP attack against the United States, evaluating the
relative likelihood of an EMP attack against the United States
compared to other threats involving nuclear weapons, and
explaining the actions intended to implement the
recommendations of the Commission and the reasons for doing so.

Title XV--Navy Activities on the Island of Vieques, Puerto Rico

LEGISLATIVE PROVISIONS ADOPTED

Navy activities on the island of Vieques, Puerto Rico (secs. 1501-1508)
The House bill contained a provision (sec. 1501) that
would convey the Navy property, comprising the Naval Ammunition
Support Detachment, on the western side of the Island of
Vieques, Puerto Rico, except the communication and radar sites,
to the Commonwealth of Puerto Rico under the terms of the
agreement between the President and the Governor of Puerto
Rico.
The Senate amendment contained provisions (secs. 1301-
1308) that would support the agreement reached between the
President and the Governor of Puerto Rico intended to restore
relations between the people of Vieques and the Navy, and to
provide for the continuation of live fire training on the
Island of Vieques. Specifically, the Senate bill would
authorize $40.0 million for infrastructure and other economic
projects on the Island of Vieques, and would require the
President to conduct a referendum on Vieques to determine
whether the people of Vieques approve or disapprove of the
continuation of live-fire military training on the island. The
conservation zones on the western side of the island,
containing seven endangered and threatened species, would be
transferred to the Secretary of Interior to be administered as
wildlife refuges. If the people of Vieques approve the
continuation of live-fire training, the provision would
authorize an additional $50.0 million in economic aid for the
island. If the people of Vieques disapprove the continuation of
live-fire training, the provision would require the Navy and
Marine Corps to cease all training operations on the Island of
Vieques by May 1, 2003; to terminate any operations at
Roosevelt Roads related to the use of training ranges on
Vieques, to reduce other defense activities at Roosevelt Roads
to levels necessary for national security reasons, and to
transfer all Navy property on the eastern side of the Island of
Vieques to the Secretary of the Interior. The Secretary of
Interior would be required to retain the transferred properties
subject to further congressional action regarding disposition.
The conferees remain concerned about the lack of live-
fire access to the Naval training facility on the Island of
Vieques, and the related negative consequences for Navy and
Marine Corps readiness. In testimony before the Congress, the
Chairman of the Joint Chiefs of Staff, along with the Chief of
Naval Operations and the Commandant of the Marine Corps, stated
that Vieques provides integrated live-fire training ``. . .
critical to our readiness.'' The Secretary of the Navy also
testified that ``. . . only by providing this preparation can
we fairly ask our service members to put their lives at risk.''
The concern of the Joint Chiefs of Staff were reinforced by
operational commanders including the Commander of the Sixth
Fleet of the Navy who stated that the loss of Vieques would
``cost American lives.''
The House recedes.
The conferees agree to include provisions that would
support the agreement reached between the President and the
Governor ofPuerto Rico regarding the future of Navy live-fire
military training on Vieques. The conferees agree to authorize $40.0
million in immediate economic assistance for the Municipality of
Vieques.
The conferees would specifically include a provision that
would transfer, with certain exceptions, the land comprising
the Navy Ammunition Support Detachment to the Municipality of
Vieques. The property would be administered, managed, and
controlled by the Municipality of Vieques in a manner that is
determined to be most advantageous to the majority of the
residents of Vieques. The relocatable over-the-horizon radar
site, the telecommunications equipment site on Mount Pirata,
and any easements or rights-of-way associated with these sites
would be exempted from transfer and retained by the Navy.
The conservation zones on the land comprising the Navy
Ammunition Support Detachment would be transferred to the
Secretary of Interior to be administered and managed by the
Secretary as a wildlife refuge through a cooperative agreement
among the Commonwealth of Puerto Rico, the Puerto Rico
Conservation Trust, and the Secretary of Interior. Property
adjacent to these wildlife refuge areas could be included in
the cooperative agreement, however, such areas would not exceed
800 acres. If the cooperative agreement is not completed before
the required transfer date, the Secretary of Interior should
begin the administration and management of the land as wildlife
refuges.
Given the importance of the Navy training range to
national security and the unique circumstances of the people of
Vieques, the conferees would also include a provision that
would require a binding referendum by the people of Vieques to
determine if the range should remain available for live-fire
training. The referendum would require that the residents of
Vieques vote on the future of live-fire training at the Navy
range on Vieques. The vote would take place on May 1, 2001, or
270 days before or after that date. The conferees would
authorize the referendum, despite remaining reservations
regarding the propriety of such an action, and would also do so
with the clear expectation that this represents a unique
circumstance, and such local referenda should not be used to
determine the status of national security assets.
The conferees agree to authorize an additional $50.0
million to provide economic assistance to the people of Vieques
if there is a vote in favor of continued live-fire training at
the Navy range.
If the people of Vieques disapprove continued live-fire
training, or the Chief of Naval Operations and the Commandant
of the Marine Corps jointly submit to the congressional defense
committees a certification that the range is no longer needed
for training by the Navy and the Marine Corps, all Navy owned
land on the eastern side of the island, with the exception of
the live-fire area, would be transferred to the Secretary of
Interior to be administered and managed as a wildlife refuge.
The live impact area would be administered as a wilderness area
with no public access permitted.
Finally, the conferees would also include a provision
that would impose a moratorium on new construction at Fort
Buchanan pending a determination that such construction would
be required despite the potential for relocation to Roosevelt
Roads. Reserve component and nonappropriated fund facilities
would not be included in the moratorium.
The conferees recognize and appreciate the sacrifice made
by the people of Vieques and other communities located near
U.S. military training installations, which have ensured the
readiness of U.S. military forces. The conferees remain
concerned that future training may be jeopardized as a result
of historically poor relations with the people of Vieques, and
the tragic accident which resulted in the death of a civilian
employee of the Navy. The conferees hope that the Navy and the
people of Vieques will successfully develop and sustain a
cooperative relationship for the future.

Title XVI--Veterans Education Benefits

LEGISLATIVE PROVISIONS ADOPTED

Additional opportunity for certain VEAP participants to enroll in basic
educational assistance under Montgomery G.I. Bill (sec. 1601)
The Senate amendment contained a provision (sec. 683)
that would authorize the secretary of a military department to,
as a recruiting or retention incentive, permit a service member
who was previously eligible for the Veterans Educational
Assistance Program (VEAP) or who did not elect to participate
in the Montgomery G.I. Bill to enroll in the Montgomery G.I.
Bill educational benefit program.
The House bill contained no similar provision.
The House recedes with an amendment that would, during a
one-year period following enactment, permit individuals who
were previously enrolled in VEAP to enroll in the Montgomery
G.I. Bill program after paying a premium not to exceed $2,700.
Modification of authority to pay tuition for off-duty training and
education (sec. 1602)
The Senate amendment contained a provision (sec. 684)
that would authorize the secretary of a military department to
pay up to 100 percent of the charges of an educational
institution for the tuition or expenses of a service member
enrolled in an off-duty educational program and would permit
service members to use their Montgomery G.I. Bill educational
benefit to pay any portion of the charges that are not paid by
the secretary of the military department.
The House bill contained no similar provision.
The House recedes.
Clarification of Department of Veterans Affairs duty to assist (sec.
1611)
The Senate amendment contained a provision (sec. 672)
that would clarify the responsibility of the Secretary of
Veterans Affairs to assist claimants in developing all facts
pertinent to a claim for benefits.
The House bill contained no similar provision.
The House recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Modification of time for use by certain members of the Selected Reserve
of entitlement to educational assistance
The Senate amendment contained a provision (sec. 670)
that would extend the time frame in which members of the
Selected Reserve could use their educational benefits.
The House bill contained no similar provision.
The Senate recedes.
Modification of time for use by certain members of Selected Reserve of
entitlement to certain educational assistance
The Senate amendment contained a provision (sec. 685)
that would extend the period in which members of the Selected
Reserve may use their Reserve Montgomery G.I. Bill benefits to
five years after they separate from the reserves.
The House bill contained no similar provision.
The Senate recedes.
Short title
The Senate amendment contained a provision (sec. 681)
that would establish the subtitle, ``Helping Our Professionals
Educationally (HOPE) Act of 2000.''
The House bill contained no similar provision.
The Senate recedes.
Transfer of entitlement to educational assistance by certain members of
the armed forces
The Senate amendment contained a provision (sec. 682)
that would authorize the secretary of a military department, as
a recruiting or retention incentive, to permit a service member
to transfer their entitlement to the basic educational benefit
under the Montgomery G.I. Bill, in whole or in part, to their
dependents.
The House bill contained no similar provision.
The Senate recedes.

Title XVII--Assistance to Firefighters

LEGISLATIVE PROVISIONS ADOPTED

Assistance to Firefighters (secs. 1701-1707)
The Senate amendment contained a provision (sec. 1072)
that would authorize a six-year, $3.1 billion competitive
federal grant program to provide assistance to local
firefighting departments for the purpose of protecting the
health and safety of the public and firefighting personnel,
including volunteers and emergency medical service personnel,
against fire and fire-related hazards. The provision would
authorize grant funds to be used for various firefighting
related activities including the hiring of additional
personnel, the training of personnel, the procurement of
vehicles and other equipment, certification of fire inspectors,
and similar activities. A 10 percent matching requirement of
non-federal funds under this program would be required. The
Director of the Federal Emergency Management Agency (FEMA)
would be responsible for the administration of the program.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
a series of provisions (secs. 1701-1707) to provide assistance
to local firefighting departments.
The amendment would authorize a two-year, $400.0 million
competitive grant program to provide assistance to local
firefighting departments. Each grant could not exceed $750,000.
In order for a grant applicant to receive funds, the applicant
would have to demonstrate a financial need for the assistance;
outline the costs and benefits of public safety in relation to
the use of the assistance; and agree to provide information to
the National Fire Incident Reporting System. There would be a
30 percent matching requirement of non-federal funds under this
program for fire departments that serve more than 50,000
people, and a 10 percent matching requirement of non-federal
funds for fire departments that serve 50,000 people or less.
The Director of FEMA would be required to ensure that
communities protected by volunteer firefighters receive grant
funding that at least reflects a proportionate share, as
compared to the U.S. population as a whole. The Director of
FEMA would also be required to submit a report to Congress that
provides the current role and activities associated with the
fire services, the adequacy of current funding, and a needs
assessment to identify shortfalls. The Director of FEMA would
consult with the chief executive of a state when making a
direct grant.
The amendment would also include a two-year, $30.0
million program to provide assistance to state foresters or
equivalent state officials for firefighting activities. The
Secretary ofAgriculture would be responsible for the
administration of this program. The Secretary of Agriculture would be
required to submit a report to Congress on the results of the
assistance provided under this program.
The amendment would further authorize a two-year, $30.0
million competitive grant program to hospitals that serve as
regional burn centers, to safety organizations that conduct
burn safety programs to assist burn prevention programs, to
programs that augment existing burn prevention programs, or to
other entities that provide after-burn treatment and counseling
for burn victims. The Director of FEMA would be responsible for
the administration of the program. The Director would be
required to submit a report to Congress on the results of the
assistance provided under this aspect of the grant program.
The amendment would also require the Secretary of Health
and Human Services, in consultation with the Secretary of
Labor, to conduct a study regarding the prevalence of hepatitis
C among emergency response employees of the United States. The
Secretary of Health and Human Services, in consultation with
the Secretary of Labor, would also be authorized to make grants
to qualifying local governments that are qualified to carry out
demonstration projects that train employees to minimize the
risk of hepatitis C infection, and to test and treat employees
for the disease.
The amendment would further require the Secretary of
Defense, in consultation with the Attorney General and the
Secretary of Commerce, to conduct an engineering study to
identify any portions of the 138-144 megahertz band that the
Department of Defense can share with public safety radio
services in various geographic regions of the United States.
The study would include recommended measures necessary to
prevent harmful interference between the Department of Defense
systems and the public safety systems, and a reasonable
schedule for the sharing of frequencies, provided such sharing
can be accomplished without causing interference. The Secretary
of Commerce and the Chairman of the Federal Communications
Commission would also be required to submit a report to
Congress on alternative frequencies that are, or could be made,
available for use by public safety systems.
The amendment would authorize the Secretary of Defense to
transfer excess personal property of the Department of Defense
to firefighting agencies if the property is determined to be
suitable for use in providing fire and emergency medical
services. The property would have to be drawn from existing
stocks of the Department of Defense and made without cost to
the Department. The recipient firefighting department would
accept the property on an as-is, where-is basis and cover all
costs of the transfer of the property.
Finally, the amendment would require the establishment of
a task force to identify defense technologies and equipment
that could be readily put to use by fire service and emergency
response personnel, and could be transferred to fire
departments. The task force would consist of a representative
from the Department of Defense and each of the seven
organizations representing various views in firefighting.

Title XVIII--Impact Aid

LEGISLATIVE PROVISIONS ADOPTED

Impact Aid Reauthorization Act of 2000 (secs. 1801-1818)
The conference agreement includes provisions that would
amend the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7701) to extend the authority for, and to restructure,
assistance programs for local educational agencies impacted by
federal presence. The provisions would make adjustments to the
impact aid program to accommodate military housing
privatization initiatives and would restructure the formula to
increase impact aid to schools serving military children. Other
provisions would hold school districts harmless in cases where
military children have been temporarily relocated to off-base
housing while on-base housing is renovated and would provide
additional support to school districts required to support
privatized military housing areas constructed on non-federal
land. The provisions would accelerate payment of impact aid to
the most severely effected school districts and would authorize
the Secretary of Education to provide grants to school
districts to renovate and repair schools with the greatest
need. The provisions would also establish a minimum funding
level for small, poor school districts.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Overview
The budget request for fiscal year 2001 included
$8,033,908,000 for military construction and family housing.
The House bill would authorize $8,433,908,000 for
military construction and family housing.
The Senate amendment would provide $8,463,908,000 for
this purpose.
The conferees recommend authorization of appropriations
of $8,821,172,000 for military construction and family housing,
including general reductions and revised economic assumptions.

FISCAL YEAR 2001 BRAC MILITARY CONSTRUCTION PROJECTS--AIR FORCE: BRAC IV CONSTRUCTION, FISCAL YEAR 2001
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
State Installation or location Description Amount
----------------------------------------------------------------------------------------------------------------
Texas.................................... Fort Sam Houston........... Defense Reutilization and 12,800
Marketing Organization
Complex.

----------------------------------------------------------------------------------------------------------------

Title XXI--Army

Overview
The House bill would authorize $1,824,640,000 for Army
military construction and family housing programs for fiscal
year 2001.
The Senate amendment would authorize $1,978,295,000 for
this purpose.
The conferees recommend authorization of appropriations
of $1,925,344,000 for Army military construction and family
housing for fiscal year 2001.
The conferees agree to the following reductions:
$635,000, which represents the combination of savings from
adjustment to foreign currency rates for military construction
outside the United States; and $19,911,000, which represents
the combination of savings from adjustment to foreign currency
rates for military family housing construction and military
family housing support outside the United States. The
reductions shall not cancel any military construction
authorized by title XXI of this Act.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Army construction and land acquisition projects (sec. 2101)
The House bill contained a provision (sec. 2101) that
would authorize Army construction projects for fiscal year
2001. The authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on an installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Family housing (sec. 2102)
The House bill included a provision (sec. 2102) that
would authorize new construction and planning and design of
family housing units for the Army for fiscal year 2001. The
authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on an installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2103)
The House bill contained a provision (sec. 2103) that
would authorize improvements to existing units of family
housing for fiscal year 2001.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Army (sec. 2104)
The House bill contained a provision (sec. 2104) that
would authorize specific appropriations for each line item
contained in the Army's budget for fiscal year 2001. This
section would also provide an overall limit on the amount the
Army may spend on military construction projects.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Modification of authority to carry out certain fiscal year 2000
projects (sec. 2105)
The Senate amendment contained a provision (sec. 2105)
that would amend section 2101 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65) to make technical corrections in the funding
authorization for Fort Stewart, Georgia, and Fort Riley,
Kansas. The provision would also amend section 2104 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65) to provide for an increase in
the amount authorized for appropriation for unspecified minor
construction from $9.5 million to $14.6 million. The provision
would also make certain conforming changes.
The House bill contained no similar provision.
The House recedes with an amendment that would amend
section 2101 of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65) to provide
for an increase in the amount authorized for CONUS Various due
to a change in scope.
Modification of authority to carry out certain fiscal year 1999
projects (sec. 2106)
The House bill contained a provision (sec. 2105) would
amend section 2101 of the Military Construction Authorization
Act for Fiscal Year 1999 (division B of Public Law 105-261) to
provide for an increase in the amount authorized for the
construction of a railhead facility at Fort Hood, Texas.
The Senate amendment contained a similar provision (sec.
2106) that would amend section 2101 of the Military
Construction Act for Fiscal Year 1999 (division B of Public Law
105-261) to increase the amount authorized for the construction
of a barracks project at Fort Riley, Kansas, from $41.0 million
to $44.5million, and a railhead facility at Fort Hood, Texas,
from $32.5 million to $45.3 million. The provision would also make
certain technical corrections.
The House recedes with a technical amendment.
Modification of authority to carry out fiscal year 1998 project (sec.
2107)
The Senate amendment contained a provision (sec. 2107)
that would amend section 2101 of the Military Construction Act
for Fiscal Year 1998 (division B of Public Law 105-85) to
provide an increase in the amount authorized for the
construction of a barracks project at Hunter Army Airfield,
Fort Stewart, Georgia, from $54.0 million to $57.5 million. The
provision would also make certain technical corrections.
The House bill contained no similar provision.
The House recedes.
Authority to accept funds for realignment of certain military
construction project, Fort Campbell, Kentucky (sec. 2108)
The Senate amendment contained a provision (sec. 2108)
that would authorize the Secretary of the Army to accept funds
from the Federal Highway Administration (FHA) or the
Commonwealth of Kentucky to fund the additional costs
associated with the realignment of a rail connector military
construction project at Fort Campbell, Kentucky, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104-210). The
provision would authorize the Secretary to use the funds
received from the FHA or the Commonwealth in the same manner as
funds authorized and appropriated for the rail connector
project. The provision would also specify that the costs
associated with realignment include, but are not limited to,
redesign costs, additional construction costs, additional costs
due to construction delays related to the realignment, and
additional real estate costs.
The House bill contained no similar provision.
The House recedes with a technical amendment.

Title XXII--Navy

Overview
The House bill would authorize $2,187,673,000 for Navy
military construction and family housing programs for fiscal
year 2001.
The Senate amendment would authorize $2,095,163,000 for
this purpose.
The conferees recommend authorization of appropriations
of $2,227,995,000 for Navy military construction and family
housing for fiscal year 2001.
The conferees agree to general reductions of $20,000,000
in the authorization of appropriations for the Navy military
construction and military family housing accounts. The
reductions are to be offset by savings from favorable bids,
reduction in overhead costs, and cancellation of projects due
to force structure changes. The conferees further agree to
reductions of $2,889,000, which represents the combination of
savings from adjustment to foreign currency rates for military
construction outside the United States and $1,071,000, which
represents the combination of savings from adjustment to
foreign currency rates for military family housing support
outside the United States. The general reductions shall not
cancel any military construction authorized by title XXII of
this Act.

ITEMS OF SPECIAL INTEREST

Improvements to military family housing, Navy
The conferees recommend that, within authorized amounts
for improvements to military family housing and facilities, the
Secretary of the Navy execute the following projects:
$9,030,000 for Whole House Revitalization (98 units) at Marine
Corps Base, Camp Pendleton, California; and $500,000 for Whole
House Revitalization (one unit) at the 8th and I Marine Corps
Barracks, District of Columbia.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Navy construction and land acquisition projects (sec. 2201)
The House bill contained a provision (sec. 2201) that
would authorize Navy construction projects for fiscal year
2001. The authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on an installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Family housing (sec. 2202)
The House bill contained a provision (sec. 2202) that
would authorize new construction and planning and design of
family housing units for the Navy for fiscal year 2001. The
authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on an installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2203)
The House contained a provision (sec. 2203) that would
authorize improvements to existing units of family housing for
fiscal year 2001. The authorized amounts are listed on an
installation-by-installation basis.
The Senate bill amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Navy (sec. 2204)
The House bill contained a provision (sec. 2204) that
would authorize specific appropriations for each line item in
the Navy's budget for fiscal year 2001. This provision would
also provide an overall limit on the amount the Navy may spend
on military construction projects.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Modification of authority to carry out fiscal year 1997 project at
Marine Corps Combat Development Command, Quantico, Virginia
(sec. 2205)
The House bill contained a provision (sec. 2205) that
would modify the authorized use of funds authorized for
appropriation for fiscal year 1997 for a military construction
project at Marine Corps Command Development Command, Quantico,
Virginia. The provision would permit the use of previously
authorized funds to carry out a military construction project
involving infrastructure development at that installation.
The Senate amendment contained a similar provision (sec.
2205).
The House recedes with a technical amendment.

Title XXIII--Air Force

Overview
The House bill would authorize $1,766,136,000 for Air
Force military construction and family housing programs for
fiscal year 2001.
The Senate amendment would authorize $1,851,909,000 for
this purpose.
The conferees recommend authorization of appropriations
of $1,943,069,000 for Air Force military construction and
family housing for fiscal year 2001.
The conferees agree to a $12,231,000 reduction which
represents the combination of savings from adjustment to
foreign currency rates for military family housing construction
and military family housing support outside the United States.
The reduction shall not cancel any military construction
authorized by title XXIII of this Act.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Air Force construction and land acquisition projects (sec.
2301)
The House bill contained a provision (sec. 2301) that
would authorize Air Force construction projects for fiscal year
2001. The authorized amounts are listed on an installation-by-
installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on an installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Family housing (sec. 2302)
The House bill contained a provision (sec. 2302) that
would authorize new construction and planning and design of
family housing units for the Air Force for fiscal year 2001.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on an installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2303)
The House bill contained a provision (sec. 2303) that
would authorize improvements to existing units of family
housing for fiscal year 2001.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Air Force (sec. 2304)
The House bill contained a provision (sec. 2304) that
would authorize specific appropriations for each line item in
the Air Force budget for fiscal year 2001. This provision would
also provide an overall limit on the amount the Air Force may
spend on military construction projects.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.

Title XXIV--Defense Agencies

Overview
The House bill would authorize $860,390,000 for Defense
Agencies military construction and family housing programs for
fiscal year 2001. The bill would also authorize $1,174,369,000
for base closure activities.
The Senate amendment would authorize $736,884,000 for
Defense Agencies military construction and family housing
programs for fiscal year 2001. The amendment would also
authorize $1,174,369,000 for base closure activities.
The conferees recommend authorization of appropriations
of $859,533,000 for Defense Agencies military construction and
family housing for fiscal year 2001. The conferees also
recommend authorization of appropriations of $1,024,369,000 for
base closure activities.
The conferees agree to a general reduction of $20,000,000
in the authorization of appropriations for the chemical
demilitarization program. The reduction represents the
combination of project savings in military construction for
chemical demilitarization resulting from favorable bids,
reduced overhead charges, and cancellations due to force
structure changes. The conferees do not intend this reduction
to interfere with timely compliance with the Chemical Weapons
Convention. The conferees further agree to a reduction of
$7,115,000, which represents the combination of savings from
adjustment to foreign currency rates for military construction
outside the United States. The reductions shall not cancel any
military construction projects authorized by title XXIV of this
Act.

ITEMS OF SPECIAL INTEREST

Military construction projects, Manta Air Base, Ecuador
The conferees agree, upon certification by the Secretary
of Defense that sufficient aircraft will be scheduled to
operate out of the Manta Air Base, Ecuador, to justify
construction of projects at that facility, funds that have been
authorized and appropriated shall be made available for the
construction of large aerial surveillance aircraft related
facilities, visiting officers' quarters, visiting airmen
quarters, and dining facilities at Manta, Ecuador.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Defense Agencies construction and land acquisition projects
(sec. 2401)
The House bill contained a provision (sec. 2401) that
would authorize defense agencies construction projects for
fiscal year 2001. The authorized amounts are listed on an
installation-by-installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on an installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Energy conservation projects (sec. 2402)
The Senate amendment contained a provision (sec. 2402)
that would authorize the Secretary of Defense to carry out
energy conservation projects.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
for appropriation $15.0 million to carry out energy
conservation projects.
Authorization of appropriations, Defense Agencies (sec. 2403)
The House bill contained a provision (sec. 2402) that
would authorize specific appropriations for each line item in
the Defense Agencies budgets for fiscal year 2001. This
provision would also provide an overall limit on the amount the
Defense Agencies may spend on military construction projects.
The Senate amendment contained a similar provision (sec.
2403).
The conference agreement includes a similar provision.
Modification of authority to carry out certain fiscal year 1990 project
(sec. 2404)
The Senate amendment contained a provision (sec. 2404)
that would amend section 2401 of the Military Construction Act
for Fiscal Year 1990 and 1991 (division B of Public Law 101-
189), as amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 103-261) to provide for an increase in the amount
authorized for the construction of the Portsmouth Naval
Hospital, Virginia, from $342,854,000 to $351,354,000.
The House bill contained no similar provision.
The House recedes with a technical amendment.

Title XXV--North Atlantic Treaty Organization Security Investment
Program

Overview
The House bill would authorize $177,500,000 for the U.S.
contribution to the NATO Security Investment Program for fiscal
year 2001.
The Senate amendment would authorize $190,000,000 for
this purpose.
The conferees agree to authorize $172,000,000 for the
U.S. contribution to the NATO Security Investment Program.

LEGISLATIVE PROVISIONS ADOPTED

Authorized NATO construction and land acquisition projects (sec. 2501)
The House bill contained a provision (sec. 2501) that
would authorize the Secretary of Defense to make contributions
to the North Atlantic Treaty Organization Security Investment
Program in an amount equal to the sum of the amount
specifically authorized in section 2502 of the House bill and
the amount of recoupment due to the United States for
construction previously financed by the United States.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The House bill contained a provision (sec. 2502) that
would authorize appropriations of $177,500,000 as the United
States contribution to the North Atlantic Treaty Organization
(NATO) Security Investment Program.
The Senate amendment would authorize $190,000,000 for
this purpose.
The conferees agree to authorize $172,000,000 for the
United States contribution to the NATO Security Investment
Program.

Title XXVI--Guard and Reserve Forces Facilities

Overview
The House bill would authorize $443,200,000 for military
construction and land acquisition for fiscal year 2001 for the
Guard and Reserve components.
The Senate amendment would authorize $508,146,000 for
this purpose.
The conferees recommend authorization of appropriations
of $668,862,000 for military construction and land acquisition
for fiscal year 2001. This authorization would be distributed
as follows:

Army National Guard..................................... $266,531,000
Air National Guard...................................... 194,929,000
Army Reserve............................................ 108,738,000
Naval and Marine Corps Reserve.......................... 62,073,000
Air Force Reserve....................................... 36,591,000
--------------------------------------------------------
____________________________________________________
Total............................................. 668,862,000

ITEMS OF SPECIAL INTEREST

Support for Weapons of Mass Destruction Civil Support Teams
The conferees included $25.0 million for Unspecified
Minor Construction, Army National Guard, to support the
activation of the Weapons of Mass Destruction Civil Support
Teams. Although these teams are to be assigned to locations
that have existing facilities to accommodate their needs, the
conferees understand that the Army National Guard has
identified a requirement of approximately $31.0 million for the
renovation of facilities to accommodate these teams. The
conferees are aware that the military construction program for
the reserve components is underfunded and that this requirement
would place an additional burden on an already constrained
military construction program for the Army National Guard. The
conferees agree to authorize additional funds for this purpose
on a one-time basis and direct the Secretary of the Army to
provide a report on the expenditure of these funds not later
than October 1, 2001.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Guard and Reserve construction and land acquisition projects
(sec. 2601)
The House bill contained a provision (sec. 2601) that
would authorize appropriations for military construction for
the guard and reserve by service component for fiscal year
2002.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The state list contained in this report is intended to be
the binding list of specific projects authorized at each
location.
Authority to contribute to construction of airport tower, Cheyenne
Airport, Cheyenne, Wyoming (sec. 2602)
The Senate amendment contained a provision (sec. 2602)
that would authorize $1,450,000 for a contribution by the Air
NationalGuard to construction of a new airport tower at
Cheyenne Airport, Cheyenne, Wyoming.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of the Air Force to contribute to the Cheyenne
Airport Authority, consistent with applicable agreements, up to
$1,450,000 from the funds authorized for appropriation in
section 2601 to provide for the construction of an airport
tower, at Cheyenne Airport, Cheyenne, Wyoming, in support of
the Air National Guard mission.

Title XXVII--Expiration and Extension of Authorizations

Legislative Provisions Adopted

Expiration of authorizations and amounts required to be specified by
law (sec. 2701)
The House bill contained a provision (sec. 2701) that
would provide that authorizations for military construction
projects, repair of real property, land acquisition, family
housing projects and facilities, contributions to the North
Atlantic Treaty Organization Security Investment Program, and
guard and reserve projects will expire on October 1, 2003, or
the date of enactment of an Act authorizing funds for military
construction for fiscal year 2004, whichever is later. This
expiration would not apply to authorizations for which
appropriated funds have been obligated before October 1, 2003,
or the date of enactment of an Act authorizing funds for these
projects, whichever is later.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 1998 projects (sec.
2702)
The House bill contained a provision (sec. 2702) that
would provide for selected extension of certain fiscal year
1998 military construction authorizations until October 1,
2001, or the date of the enactment of the Act authorizing funds
for military construction for fiscal year 2002, whichever is
later.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 1997 projects (sec.
2703)
The House bill contained a provision (sec. 2703) that
would provide for selected extension of certain fiscal year
1997 military construction authorizations until October 1,
2001, or the date of the enactment of the Act authorizing funds
for military construction for fiscal year 2002, whichever is
later.
The Senate amendment contained a similar provision.
The House recedes with a technical amendment.
Effective date (sec. 2704)
The House bill contained a provision (sec. 2704) that
would provide that Titles XXI, XXII, XXIII, XXIV, XV, and XXVI
of this bill shall take effect on October 1, 2000, or the date
of the enactment of this Act, whichever is later.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.

Title XXVIII--General Provisions

Subtitle A--Military Construction Program and Military Family Housing
Changes

Joint use military construction projects (sec. 2801)
The Senate amendment contained a provision (sec. 2801)
that would express the sense of Congress that the Secretary of
Defense, when preparing the budget request, should identify
military construction projects suitable for joint use, specify
in the budget request joint use military construction projects,
and give priority to joint use military construction projects.
The provision would also direct the Secretary to include in the
budget request a certification by each secretary concerned that
the service screened each construction project in the budget
request for the feasibility for joint use. The provision would
further require the Secretary of Defense to submit, not later
than September 30 of each year, a report that included the
number of military construction projects evaluated for joint
use construction, when the project could be executed, and a
list of the military construction projects determined to be
feasible for joint use. The provision would also make certain
conforming changes.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to implement the program requirement
by fiscal year 2003. The amendment would also eliminate the
requirement that the Secretary of Defense conduct an annual
evaluation.
Exclusion of certain costs from determination of applicability of
limitation on use of funds for improvement of family housing
(sec. 2802)
The Senate amendment contained a provision (sec. 2802)
that would amend section 2825 of title 10, United States Code,
to authorize the secretary concerned to exclude certain costs
from the application of the limitation on the use of funds for
improvement of military family housing units. The specific
costs that would be excluded are the installation, maintenance,
and repair of communications, security, or anti-terrorism
equipment required by the occupant in the performance of his
duties. The provision would also exclude the cost of repairing
or replacing the exterior of the unit or units if such repair
or replacement is necessary to meet historic preservation
standards.
The House bill contained no similar provision.
The House recedes with an amendment that would exclude
only those costs associated with the installation, maintenance,
and repair of communications, security, or anti-terrorism
equipment required by the occupant in the performance of his
duties.
Revision of space limitations for military family housing (sec. 2803)
The House bill contained a provision (sec. 2801) that
would amend section 2826 of title 10, United States Code, to
require the secretary concerned to ensure that the room
patterns and floor areas of military family housing units
constructed, acquired, or improved by the secretary shall be
generally comparable to those available in the locality of the
military installation on which such military family housing
units are located.
The Senate amendment contained a similar provision (sec.
2803).
The House recedes with a technical amendment.
Modification of lease authority for high-cost military family housing
(sec. 2804)
The House bill contained a provision (sec. 2802) that
would amend section 2828 of title 10, United States Code, to
modify the authorized terms of leasing for military family
housing to support the United States Southern Command in Miami,
Florida.
The Senate amendment contained a provision (sec. 2804)
that would amend section 2828 of title 10, United States Code,
to eliminate the $60,000 per year limitation on the lease of an
individual housing unit and to authorize the Secretary of the
Army to enter into leases for eight housing units in the Miami
area for no more than five years. The provision would further
amend section 2828 to authorize the Secretary concerned to
adjust the maximum cost authorized for family housing leases
based on the percentage that the national average monthly cost
of housing differ during the two preceding fiscal years. The
provision would authorize the Secretary of the Army to adjust
the maximum amount of the eight family housing unit leases in
the Miami area by the percent the annual average cost of
housing for the Miami Military Housing Area exceeds the annual
average cost for the same region for the fiscal year preceding
the fiscal year.
The House recedes with a technical amendment.
Provision of utilities and services under alternative authority for
acquisition and improvement of military housing (sec. 2805)
The Senate amendment contained a provision (sec. 2806)
that would amend section 2872 of title 10, United States Code,
to authorize the service secretaries to provide utilities and
services to privatized housing units located on a military
installation on a reimbursable basis. The payments received for
such services would be credited to the appropriate account or
working capital fund from which the cost of furnishing the
utilities and services are paid.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify
the list of covered utilities and services.
Extension of alternative authority for acquisition and improvement of
military housing (sec. 2806)
The House bill contained a provision (sec. 2803) that
would amend section 2885 of title 10, United States Code, to
extend the authorities contained in subchapter 169 of title 10,
United States Code, for an additional five-year period to 2006.
The Senate amendment contained a provision (sec. 2807)
that would amend section 2885 of title 10, United States Code,
to extend the authorities contained in subchapter 169 of title
10, United States Code, for an additional three-year period.
The House recedes with an amendment that would extend the
authorities contained in subchapter 169 of title 10, United
States Code, to December 31, 2004.
Expansion of definition of armory to include readiness centers (sec.
2807)
The House bill contained a provision (sec. 2804) that
would amend section 18232 of title 10, United States Code, to
clarify that the term ``readiness center'' shall have the same
meaning as the term ``armory.''
The Senate amendment contained a similar provision (sec.
2808).
The Senate recedes with a technical amendment.

Subtitle B--Real Property and Facilities Administration

Increase in threshold for notice and wait requirements for real
property transactions (sec. 2811)
The House bill contained a provision (sec. 2811) that
would amend section 2662 of title 10, United States Code, to
increase the threshold for notice and wait requirements for
real property transactions from $200,000 to $500,000.
The Senate amendment contained a similar provision (sec.
2811).
The Senate recedes.
Enhancement of authority of military departments to lease non-excess
property (sec. 2812)
The House bill contained a provision (sec. 2812) that
would amend section 2667 of title 10, United States, to modify
the permissible forms of consideration received by the
secretary concerned for the lease of non-excess real property
under the control of the secretary.
The Senate amendment contained a provision (sec. 2812)
that would amend section 2667 of title 10, United States Code,
to authorize the secretary concerned to lease facilities that
are under the control of that department and that are not
excess to the needs of that department. The secretary concerned
would be authorized to accept as compensation for the leases,
either payment in-kind or cash. The provision would further
authorize the secretary concerned to use cash proceeds from
leases for maintenance, protection, alteration, repair,
improvements or restoration of property or facilities,
construction or acquisition of new facilities, lease
facilities, and facilities support. The provision would
authorize the secretary concerned to construct or acquire
facilities in excess of $500,000 only after submission of a
report on the facts of the construction or acquisition of such
facilities to the congressional defense committees and passage
of a waits 30-day waiting period. The provision would also
authorize the secretary concerned to indemnify the leasee from
any claim for personal injury or property damage, that results
from the release of hazardous substance, pollutants or
contaminants, petroleum, or unexploded ordnance as a result of
Department of Defense activities on the military installation
at which the leased property is located.
The Senate recedes with an amendment that would include
the construction of new facilities as in-kind consideration and
authorize the secretary concerned to use funds received from
money rentals for the construction or acquisition of new
facilities. The amendment would impose a notice and wait
requirement for any new construction or acquisition of new
facilities exceeding $500,000. The amendment would also not
include a requirement for a certification by the Comptroller
General prior to secretarial acceptance of in-kind
consideration or money rentals.
Conveyance authority regarding utility systems of military departments
(sec. 2813)
The House bill contained a provision (sec. 2813) that
would amend section 2688 of title 10, United States Code, to
require the secretary concerned to comply with the competition
requirements of section 2304 of title 10, United States Code,
in the conveyance of utility system infrastructure. The
provision would also require that the secretary concerned carry
out a conveyance or award only if he determines that the
conveyance or award complies with State laws, regulations,
rulings, and policies governing the provision of utility
systems.
The Senate amendment contained a provision (sec. 2813)
that would amend section 2688 of title 10, United States Code,
to clarify that the secretary concerned may use procedures
other than competitive procedures only under the circumstances
specified in section 2304 (c) through (f) of title 10, United
States Code.
The House recedes with an amendment that would require
the secretary concerned to structure the solicitation process
for the privatization of utility systems on military
installations in such a manner that would allow, to the maximum
extent possible, all interested regulated and unregulated
entities the opportunity to acquire and operate utility systems
on military installations regardless of franchise rights in the
area of the installation concerned. The amendment would also
direct the secretary concerned to require the conveyee or
awardee of the utility system to manage and operate the utility
system consistent with federal and state regulations pertaining
to health safety, fire, and environmental requirements.
Permanent conveyance authority to improve property management (sec.
2814)
The Senate amendment contained a provision (sec. 1063)
that would extend the authority of the Administrator of the
General Services Administration to convey surplus property to
local governments for law enforcement purposes until December
2002.
The House bill amendment contained no similar provision.
The House recedes with an amendment that would make
permanent the authority of the Administrator of the General
Services Administration to convey surplus property to local
governments for law enforcement purposes.

Subtitle C--Defense Base Closure and Realignment

Scope of agreements to transfer property to redevelopment
authorities without consideration under the base closure laws
(sec. 2821)
The Senate amendment contained a provision (sec. 2821)
that would amend section 2905 of the Department of Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510) and section 204 of the Defense
Authorization Amendments and Base Closure Realignment Act
(title II of Public Law 100-526) to clarify that the seven-year
period to account for the proceeds from any sale or lease of
property received by the redevelopment authority begins with
the date of the initial transfer of property.
The House bill contained no similar provision.
The House recedes.

Subtitle D--Land Conveyances

Part I--Army Conveyances

Transfer of jurisdiction, Rock Island Arsenal, Illinois (sec. 2831)
The House bill contained a provision (sec. 2831) that
would authorize the transfer of, and exchange of jurisdiction
on, a parcel of real property with improvements consisting of
approximately 23 acres at Rock Island Arsenal, Illinois,
between the Secretary of the Army and the Secretary of
Veterans' Affairs. The parcel is to be incorporated into the
Rock Island National Cemetery.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Army Reserve Center, Galesburg, Illinois (sec. 2832)
The House bill contained a provision (sec. 2832) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements,
consisting of approximately 4.65 acres in Galesburg, Illinois,
to Knox County, Illinois.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Charles Melvin Price Support Center, Illinois (sec.
2833)
The House bill contained a provision (sec. 2839) that
would authorize the Secretary of the Army to convey a parcel of
real property with improvements consisting of approximately 752
acres to the Tri-City Regional Port District of Granite City,
Illinois. As consideration for the conveyance, the Secretary
shall determine if the Port District satisfies the criteria to
qualify for a public benefit conveyance. If the public interest
is served, the Secretary may accept an amount less than fair
market value for a lease of the property. The cost of any
surveys necessary for the conveyance would be borne by the Port
District.
The Senate amendment contained a similar provision (sec.
2831).
The Senate recedes with an amendment that would authorize
the Secretary of the Army to require as a condition for the
conveyance that the Port District lease to the Department of
Defense or any other federal agency facilities on the property
to be conveyed. The amendment would also make certain technical
corrections.
Land conveyance, Fort Riley, Kansas (sec. 2834)
The House bill contained a provision (sec. 2841) that
would authorize the Secretary of the Army to convey, without
consideration, approximately 70 acres of real property at the
Fort Riley Military Reservation, Fort Riley, Kansas, to the
State of Kansas. The purpose of the conveyance would be to
establish a State-operated veterans cemetery. All costs
associated with the conveyance would be borne by the State. The
provision would waive the screening requirement under section
2696 of title 10, United States Code.
The Senate amendment contained a similar provision (sec.
2836).
The House recedes with a technical amendment.
Land conveyance, Fort Polk, Louisiana (sec. 2835)
The House bill contained a provision (sec. 2834) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements,
consisting of approximately 200 acres at Fort Polk, Louisiana,
to the State of Louisiana. The property is to be used for the
establishment of a State-run veterans' cemetery. The cost of
any surveys necessary for the conveyance would be borne by the
Commission.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Army Reserve Center, Winona, Minnesota (sec. 2836)
The House bill contained a provision (sec. 2833) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements to
Winona State University Foundation. The property is to be used
for educational purposes. The cost of any surveys necessary for
the conveyance would be borne by the Foundation.
The Senate amendment contained an identical provision
(sec. 2837).
The conference agreement includes this provision.
Land conveyance, Fort Dix, New Jersey (sec. 2837)
The House bill contained a provision (sec. 2836) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements,
consisting of approximately two acres and containing a parking
lot inadvertently constructed on the parcel, at Fort Dix, New
Jersey, to Pemberton Township, New Jersey.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Nike Site 43, Elrama, Pennsylvania (sec. 2838)
The House bill contained a provision (sec. 2837) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements,
consisting of approximately 160 acres in Elmara, Pennsylvania,
to the Board of Supervisors of Union Township, Pennsylvania.
The parcel is to be used for municipal and other public
purposes. The cost of any surveys necessary for the conveyance
would be borne by the Township.
The Senate amendment contained no similar provision.
The Senate recedes.
Land exchange, Army Reserve Local Training Center, Chattanooga,
Tennessee (sec. 2839)
The House bill contained a provision (sec. 2840) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements,
consisting of approximately 15 acres at the Army Reserve Local
Training Center, Chattanooga, Tennessee, to the Medal of Honor
Museum, Inc., Chattanooga, Tennessee. The parcel is to be used
as a museum and for other educational purposes. The cost of any
surveys necessary for the conveyance would be borne by the
Corporation.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Land exchange, Fort Hood, Texas (sec. 2840)
The House bill contained a provision (sec. 2838) that
would authorize the Secretary of the Army to convey a parcel of
real property with improvements, consisting of approximately
100 acres at Fort Hood, Texas, to the City of Copperas Cove,
Texas. As consideration for the conveyance, the City would
convey one or more parcels of real property, consisting of
approximately 300 acres, to the Secretary. The cost of any
surveys necessary for the conveyances would be borne by the
City.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Fort Pickett, Virginia (sec. 2841)
The House bill contained a provision (sec. 2835) that
would authorize the Secretary of the Army to convey, without
consideration, a parcel of real property with improvements,
consisting of approximately 700 acres, at Fort Pickett,
Virginia, to the Commonwealth of Virginia. The property is to
be used for the development and operation of a public safety
training facility. The cost of any surveys necessary for the
conveyance would be borne by the Commonwealth.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Fort Lawton, Washington (sec. 2842)
The Senate amendment contained a provision (sec. 2834)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of real property at Fort
Lawton, Washington, consisting of Area 500 and Government Way
from 36th Avenue to Area 500 to the City of Seattle,
Washington. The property is to be used for inclusion in
Discovery Park, Seattle, Washington.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Vancouver Barracks, Washington (sec. 2843)
The House bill contained a provision (sec. 2842) that
would authorize the Secretary of the Army to convey, without
consideration, to the City of Vancouver, Washington, two
parcels of real property, including any improvements, at
Vancouver Barracks, Washington, known as East and West
Barracks.
The Senate amendment contained a provision (sec. 2835)
that would authorize the Secretary of the Army to convey,
without consideration, to the City of Vancouver, Washington, a
parcel of real property, including any improvements, at
Vancouver Barracks, Washington, known as the West Barracks.
The House recedes.

Part II--Navy Conveyances

Modification of land conveyance, Marine Corps Air Station, El Toro,
California (sec. 2846)
The House bill contained a provision (sec. 2852) that
would amend section 2811 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189) to
modify the permissible uses of funds received by the Secretary
of the Navy.
The Senate amendment contained a similar provision (sec.
2851).
The House recedes with a technical amendment.
Modification of authority for Oxnard Harbor District, Port Hueneme,
California, to use certain Navy property (sec. 2847)
The House bill contained a provision (sec. 2851) that
would amend section 2843 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337) to clarify the restrictions on the use of real
property under the jurisdiction of the Secretary of the Navy by
the Oxnard Harbor District, Port Hueneme, California. This
provision would also clarify the forms of consideration that
the District shall pay to the Secretary for the use of the
property.
The Senate amendment contained an identical provision
(sec. 2855).
The conference agreement includes this provision.
Transfer of jurisdiction, Marine Corps Air Station, Miramar, California
(sec. 2848)
The House bill contained a provision (sec. 2853) that
would authorize the transfer of, and exchange of jurisdiction
on, a parcel of real property with improvements, consisting of
approximately 250 acres at Marine Corps Air Station, Miramar,
California, between the Secretary of the Navy and the Secretary
of the Interior. The parcel is to be incorporated into the
Vernal Pool Unit of the San Diego National Wildlife Refuge.
The Senate amendment contained no similar provision.
The Senate recedes.
Land exchange, Marine Corps Recruit Depot, San Diego, California (sec.
2849)
The House bill contained a provision (sec. 2856) that
would authorize the Secretary of the Navy to convey a parcel of
real property with improvements, consisting of approximately
44.5 acres at Marine Corps Recruit Depot, San Diego,
California, to the San Diego Unified Port District. As
consideration for the conveyance, the Port District would
convey to the Secretary a parcel of real property contiguous to
the installation and would construct suitable replacement
facilities and necessary supporting structures, as determined
by the Secretary.
The Senate amendment contained no similar provision.
The Senate recedes.
Lease of property, Naval Air Station, Pensacola, Florida (sec. 2850)
The House bill contained a provision (sec. 2855) that
would authorize the Secretary of the Navy to lease real
property improvements to be designed and constructed by the
Naval Aviation Museum Foundation at the National Museum of
Naval Aviation at Naval Air Station, Pensacola, Florida, to the
Foundation for a period up to 50 years, with an option to renew
for an additional 50 years. The improvements are to be used for
the development and operation of a National Flight Academy. As
a condition for the lease, the Foundation would make the
property available at no cost to the Secretary under certain
specified conditions. This section would also authorize the
Secretary to provide assistance to the Foundation in the form
services on a reimbursable basis.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Naval Reserve Center, Tampa, Florida (sec. 2851)
The House bill contained a provision (sec. 2858) that
would authorize the Secretary of the Navy to convey a parcel of
real property with improvements, consisting of approximately
2.18 acres and comprising the Naval Reserve Center, Tampa,
Florida, to the Tampa Port Authority. As consideration for the
conveyance, the Port Authority would be required to provide a
replacement facility and to bear all reasonable costs incurred
during the relocation. The cost of any surveys necessary for
the conveyance would be borne by the Port Authority.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of land conveyance, Defense Fuel Supply Point, Casco Bay,
Maine (sec. 2852)
The Senate amendment contained a provision (sec. 2852)
that would amend section 2839 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337) to authorize the Secretary of Defense to replace
electric utility service removed during environmental
remediation at Defense Fuel Supply Point, Casco Bay, Maine. The
provision would also authorize the Secretary, in consultation
with the community, to improve the utility services and install
telecommunications service, provided the community funds the
cost of the improvements.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the
Secretary of Defense to use funds available from Operations
andMaintenance, Defense-Wide to replace the electric utility service.
Land conveyance, Naval Computer and Telecommunications Station, Cutler,
Maine (sec. 2853)
The Senate amendment contained a provision (sec. 2854)
that would authorize the Secretary of the Navy to convey,
without consideration, a parcel of real property with
improvements consisting of approximately 263 acres known as the
Naval Computer and Telecommunications Station, Cutler, Maine,
to the State of Maine, any political subdivision of the State
of Maine, or any tax-supported agency in the State of Maine.
The provision would authorize the Secretary to lease the
property to the recipient pending the conveyance of the deed
and would authorize the Secretary to require the recipient of
the property to reimburse the cost of any environmental
assessment or other studies required with respect to the
conveyance of the property paid by the Secretary.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Modification of land conveyance authority, former Naval Training
Center, Bainbridge, Cecil County, Maryland (sec. 2854)
The Senate amendment contained a provision (sec. 2853)
that would amend section 1 of an Act to convey land in Cecil
County, Maryland (Public Law 99-596) to authorize the Secretary
of the Navy to reduce the amount of consideration received from
the State of Maryland by an amount equal to the cost of
restoring the historic buildings on the property. The total
amount of the reduction would not exceed $500,000.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Marine Corps Base, Camp Lejeune, North Carolina (sec.
2855)
The Senate amendment contained a provision (sec. 2856)
that would authorize the Secretary of the Navy to convey a
parcel of real property with improvements consisting of
approximately 50 acres known as the railroad right-of-way
located between Highway 24 and Highway 17 at Marine Corps Base,
Camp Lejeune, North Carolina, to the City of Jacksonville,
North Carolina. The parcel is to be used for a bike/green way
trail. The city would reimburse the Secretary for the costs
incurred in carrying out the conveyance.
The House bill contained no similar provision.
The House recedes with clarifying amendment.
Land exchange, Naval Air Reserve Center, Columbus, Ohio (sec. 2856)
The House bill contained a provision (sec. 2857) that
would authorize the Secretary of the Navy to convey a parcel of
real property with improvements, consisting of approximately 24
acres comprising the Naval Air Reserve Center at Rickenbacker
International Airport, Ohio, to the Rickenbacker Port Authority
of Columbus, Ohio. As consideration for the conveyance, the
Authority would convey to the Secretary a parcel of real
property consisting of approximately 15 acres. This section
would require the Secretary to utilize the property conveyed by
the Authority as the site for a joint reserve center for units
associated with the Naval Air Reserve Center at the Airport and
the Naval and Marine Corps Reserve Center currently located in
Columbus, Ohio. The cost of any survey necessary for the
exchange would be borne by the Authority.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Naval Station, Bremerton, Washington (sec. 2857)
The conferees agree to include a provision that would
authorize the Secretary of the Navy to convey a parcel of real
property with improvements consisting of approximately 45.8
acres and comprising the former East Park Transient Family
Accommodations, Naval Station, Bremerton, Washington, to the
City of Bremerton, Washington. The property would be used for
public benefit purposes. The conveyance would be without
consideration except in the event the City uses the property
for other purposes. In such an event, the City would pay fair
market value, as determined by an appraisal acceptable to the
Secretary. The City would be required to reimburse the
Secretary for any administrative expenses incurred in carrying
out the conveyance.

Part III--Air Force Conveyances

Land conveyance, Los Angeles Air Force Base, California (sec. 2861)
The House bill contained a provision (sec. 2863) that
would authorize the Secretary of the Air Force to convey on
terms the Secretary considers appropriate, any or all portions
of four parcels of real property with improvements, totaling
approximately 111 acres at Los Angeles Air Force Base,
California. As consideration for the conveyance, the recipient
shall provide for the design and construction, acceptable to
the Secretary, of one or more facilities to consolidate the
mission and support functions at the installation. Any such
facilitieswould comply with specified seismic and safety
standards. The provision would also authorize the Secretary to enter
into a lease for the facility for a period not to exceed 10 years in
the event the fair market value of a facility provided as consideration
for the conveyance exceeds the fair market value of the conveyed
property. Rental payments under the lease would be established at the
rate necessary for the lessor to recover, by the end of the lease term,
the difference between the fair market value of the facility and the
fair market value of the conveyed property. The cost of any surveys
necessary for the conveyance would be borne by the recipient.
The Senate amendment contained an identical provision
(sec. 2862).
The conference agreement includes this provision.
Land conveyance, Point Arena Air Force Station, California (sec. 2862)
The House bill contained a provision (sec. 2862) that
would authorize the Secretary of the Air Force to convey,
without consideration, a parcel of real property with
improvements, consisting of approximately 82 acres at the Point
Arena Air Force Station, California, to Mendocino County,
California. The property is to be used for municipal and other
public purposes. The cost of any surveys necessary for the
conveyance would be borne by the County.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify
the condition of conveyance to authorize Mendocino County to
reconvey the property without consideration only for public
benefit purposes.
Land conveyance, Lowry Air Force Base, Colorado (sec. 2863)
The House bill contained a provision (sec. 2864) that
would authorize the Secretary of the Air Force to convey,
without consideration, or lease, under such terms as he
considers appropriate, to the Lowry Redevelopment Authority
approximately 23 acres at the former Lowry Air Force Base,
Colorado. The purpose of the conveyance would be for economic
development and other public purposes.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Wright Patterson Air Force Base, Ohio (sec. 2864)
The House bill contained a provision (sec. 2861) that
would authorize the Secretary of the Air Force to convey,
without consideration, a parcel of real property with
improvements, consisting of approximately 92 acres at Wright
Patterson Air Force Base, Ohio, to Greene County, Ohio. The
property is to be used for recreational purposes. The cost of
any surveys necessary for the conveyance would be borne by the
County.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of land conveyance, Ellsworth Air Force Base, South Dakota
(sec. 2865)
The Senate amendment contained a provision (sec. 2861)
that would amend section 2863 of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public
Law 105-85) to modify the recipient of the property from the
Greater Box Elder Economic Development Corporation to the West
River Foundation for Economic and Community Development,
Sturgis, South Dakota.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Mukilteo Tank Farm, Everett, Washington (sec. 2866)
The Senate amendment contained a provision (sec. 2863)
that would authorize the Secretary of the Air Force to convey,
without consideration, a parcel of real property with
improvements consisting of approximately 22 acres, known as the
Mukilteo Tank Farm, to the Port of Everett, Washington. The
parcel is to be used for the development and operation of a
port facility. The provision would authorize the Secretary to
convey personal property, excess to the needs of the Air Force,
in the event the Secretary of Transportation determines it is
appropriate for the development or operation of the tank farm
as a port facility. The provision would also authorize the
Secretary to provide an interim lease to the Port for the
facility until transferred by deed.
The House bill contained no similar provision.
The House recedes.

Part IV--Other Conveyances

Land conveyance, Army and Air Force Exchange Service property, Farmers
Branch, Texas (sec. 2871)
The House bill contained a provision (sec. 2871) that
would authorize the Secretary of Defense to permit the Army and
Air Force Exchange Service to sell a parcel of real property
with improvements in Farmers Branch, Texas, for an amount equal
to the fair market value of the parcel. The provision would
also require the payment by the purchaser to be handled in the
manner provided by section 485 of title 40, United States Code.
The cost of any surveys necessary for the sale would be borne
by the purchaser.
The Senate amendment contained a similar provision (sec.
2871).
The Senate recedes with a technical amendment.
Land conveyance, former National Ground Intelligence Center,
Charlottesville, Virginia (sec. 2872)
The Senate amendment contained a provision (sec. 2881)
that would authorize the Administrator of the General Services
to convey, without consideration, a parcel of real property
formerly occupied by the National Ground Intelligence Center,
known as the Jefferson Street property, to the City of
Charlottesville, Virginia. The conveyance would be for economic
purposes. The provision would include a five-year reversionary
clause and waive certain property management laws.
The House bill contained no similar provision.
The House recedes with an amendment that would specify
the conditions that would apply to the reconveyance of the
property by the City.

Subtitle E--Other Matters

Relation of easement authority to leased parkland, Marine Corps Base,
Camp Pendleton, California (sec. 2881)
The House bill contained a provision (sec. 2881) that
would amend section 2851 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261) to exempt certain lands located within Marine
Corps Base, Camp Pendleton, California, and leased by the State
of California for use as a restricted access highway from the
requirements of section 303 of title 49 and section 138 of
title 23, United States Code. This section would also require
the Foothill/Eastern Transportation Agency to be responsible
for the implementation of any mitigation measures required by
the Secretary of Transportation.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of demonstration project for purchase of fire, security,
police, public works, and utility services from local
government agencies (sec. 2882)
The House bill contained a provision (sec. 2882) that
would amend section 816 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337), as amended, to
extend the period under which a demonstration project is
authorized for the purchase of fire, security, police, public
works, and utility services from local government at specified
locations in Monterey, California.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend
the period under which the demonstration project is authorized
for one year.
The conferees note the multiple extensions of this
authority. However, the conferees are aware that both the
Secretary of the Army and the Secretary of the Navy are in the
process of implementing a pilot program. The conferees expect
both services to demonstrate success prior to any further
extension of these authorities.
Acceptance and use of gifts for construction of third building at
United States Air Force Museum, Wright-Patterson Air Force
Base, Ohio (sec. 2883)
The Senate amendment contained a provision (sec. 2892)
that would authorize the Secretary of the Air Force to accept
funds provided by the Air Forces Museum Foundation to support
the construction of a third building for the United States Air
Force Museum at Wright-Patterson Air Force Base, Ohio. The
provision would direct that any funds not needed to meet
current requirements would be invested in public debt
securities as determined by the Comptroller of the Air Force
Material Command. The proceeds of investments would be used for
construction. Upon completion of the project the escrow would
be closed and any funds remaining in the account could be used
by the Secretary of the Air Force as he or she considers
appropriate.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Development of Marine Corps Heritage Center at Marine Corps Base,
Quantico, Virginia (sec. 2884)
The Senate amendment contained a provision (sec. 2893)
that would authorize the Secretary of the Navy to enter into a
joint venture with the Marine Corps Heritage Foundation for the
design and construction of the Marine Corps Heritage Center.
The provision would also authorize the Secretary to accept,
without compensation, a parcel of real property, known as
Locust Shade Park, from the County of Prince William, Virginia.
The provision would also exempt the County from the requirement
to provide replacement property, as required under section 6 of
the Land and Water Conservation Fund Act of 1965. Upon
completion of construction and the satisfaction of any
financial obligations incurred by the Marine Corps Heritage
Foundation, the Center would become the property of the
Department of the Navy. The provision would further authorize
the Secretary to lease the Center to the Heritage Foundation
for revenue generating purposes. As compensation, the
Foundation would pay the Secretary an amount equal to the cost
of operating the facility.
The House bill contained no similar provision.
The House recedes.
Activities relating to the greenbelt at Fallon Naval Air Station,
Nevada (sec. 2885)
The Senate amendment contained a provision (sec. 2894)
that would require the Secretary of the Navy, in consultation
with the Secretary of the Army acting through the Chief of
Engineers, to carry out appropriate activities after
examination of the potential environmental and flight safety
ramifications of eliminating irrigation in the greenbelt at
Fallon Naval Air Station, Nevada.
The House bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Navy to carry out
all appropriate activities consistent with current legal
requirements.
Establishment of World War II Memorial on Guam (sec. 2886)
The House bill contained a provision (sec. 2883) that
would authorize the Secretary of Defense, in consultation with
the American Battle Monuments Commission, to establish a
suitable memorial on federal property near the Fena Caves in
Guam to honor those civilians killed during the occupation of
Guam during World War II and to commemorate the liberation of
Guam by the Armed Forces of the United States in 1944.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees expect the Secretary to establish a
memorial that requires minimal maintenance.
Naming of Army Missile Testing Range at Kwajalein Atoll as the Ronald
Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll
(sec. 2887)
The House bill contained a provision (sec. 2884) that
would designate the missile testing range at Kwajalein Atoll as
the Ronald Reagan Ballistic Defense Test Site at Kwajalein
Atoll.
The Senate amendment contained an identical provision
(sec. 2891).
The conference agreement includes this provision.
Designation of Building at Fort Belvoir, Virginia, in honor of Andrew
T. McNamara (sec. 2888)
The House bill contained a provision (sec. 2885) that
would designate a building at Fort Belvoir, Virginia, as the
Andrew T. McNamara Building.
The Senate amendment contained no similar provision.
The Senate recedes.
Designation of Balboa Naval Hospital, San Diego, California, in honor
of Bob Wilson, a former member of the House of Representatives
(sec. 2889)
The House bill contained a provision (sec. 2886) that
would redesignate the Balboa Naval Hospital, San Diego,
California, as the Bob Wilson Naval Hospital.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress regarding importance of expansion of National
Training Center, Fort Irwin, California (sec. 2890)
The House bill contained a provision (sec. 2887) that
would express a sense of Congress that the prompt expansion of
the National Training Center is vital to the national security
interests of the United States.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress regarding land transfers at Melrose Range, New
Mexico, and Yakima Training Center, Washington (sec. 2891)
The Senate amendment contained a provision (sec. 2895)
that would express a sense of Congress that the land transfers
at Melrose Range, New Mexico, and Yakima Training Center,
Washington, will support military training, safety, and land
management concerns on the lands subject to transfer.
The House bill contained no similar provision.
The House recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Applicability of competition policy to alternative authority for
acquisition and improvement of military family housing
The Senate amendment contained a provision (sec. 2805)
that would amend subchapter IV of chapter 169 of title 10,
United States Code, to require that the secretary concerned use
competitive procedures when exercising the alternative
authorities for the acquisition and improvement of military
housing. The secretary concerned could waive competitive
procedures if he determines competition would be inconsistent
with the public interest and notifies the Congress in writing
of such determination not less than 30 days before entering the
agreement.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the innovative approaches undertaken
by the service secretaries in execution of the alternative
authorities for the acquisition and improvement of military
housing. The conferees remain strongly supportive of these
authorities and believe competition in the private marketplace
has resulted in a number of successful procurements after an
early period of difficulty in program implementation. While
supportive of a variety of innovative options to construct and
acquire military housing under these authorities, the conferees
were concerned that a methodology considered by the Secretary
of the Air Force in the determination of the awardee of the
housing privatization project at Patrick Air Force Base,
Florida, appeared to be noncompetitive and to delegate the
selection process to the private sector. The conferees are
aware that the Secretary has subsequently directed a change in
the solicitation process. The conferees reiterate that the use
of competitive procedures should apply when exercising the
alternative authorities for the acquisition and improvement of
military housing, regardless of the process that may be used.
Land conveyance, Colonel Harold E. Steele Army Reserve Center and
Maintenance Shop, Pittsburgh, Pennsylvania
The Senate amendment contained a provision (sec. 2833)
that would authorize the Secretary of the Army to convey, at
fair market value, a parcel of real property, with
improvements, located at 6482 Aurelia Street in Pittsburgh,
Pennsylvania, and containing the Colonel Harold E. Steele Army
Reserve Center and Maintenance Shop to the Ellis School,
Pittsburgh, Pennsylvania. The cost of any survey necessary for
the conveyance would be borne by the Ellis School.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Secretary of the Army and the
Ellis School are in the process of negotiating a land exchange
under the authority provided by section 18233 of title 10,
United States Code. The conferees urge the Secretary to
complete the exchange as soon as practical and on an equitable
basis.
Land conveyance, Lieutenant General Malcolm Hay Army Reserve Center,
Pittsburgh, Pennsylvania
The Senate amendment contained a provision (sec. 2832)
that would authorize the Secretary of the Army to convey, at
fair market value, a parcel of real property, with
improvements, located at 950 Saw Mill Run Boulevard in
Pittsburgh, Pennsylvania, and containing the Lieutenant General
Malcolm Hay Army Reserve Center to the City of Pittsburgh,
Pennsylvania. The cost of any surveys necessary for the
conveyance would be borne by the City.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Secretary of the Army and the
City of Pittsburgh are in the process of negotiating a land
exchange under the authority provided by section 18233 of title
10, United States Code. The conferees urge the Secretary to
complete the exchange as soon as practical and on an equitable
basis.
Lease of property, Marine Corps Air Station, Miramar, California
The House bill contained a provision (sec. 2854) that
would authorize the Secretary of the Navy to lease, without
consideration, a parcel of real property with improvements,
consisting of approximately 44 acres and known as the Hickman
Field, to the City of San Diego, California, for a period not
to exceed five years. The lease would be subject to the
condition that the City maintain the property at no cost to the
United States, make the property available to the existing
tenant at no cost, and use the property solely for recreational
purposes. The cost of any survey necessary for the lease would
be borne by the City.
The Senate amendment contained no similar provision.
The House recedes.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

Title XXXI--Department of Energy National Security Programs

Overview
Title XXXI authorizes appropriations for the atomic
energy defense activities of the Department of Energy for
fiscal year 2001, including: the purchase, construction, and
acquisition of plant and capital equipment; research and
development; nuclear weapons; naval nuclear propulsion;
environmental restoration and waste management; operating
expenses; and other expenses necessary to carry out the
purposes of the Department of Energy Organization Act (Public
Law 95-91). The title would authorize appropriations in six
categories: national nuclear security administration; defense
environmental restoration and waste management; defense
environmental management privatization; other defense
activities; and defense nuclear waste disposal.
The budget request included for the atomic energy defense
activities totaled $13.2 billion, an 8.3 percent increase over
the adjusted fiscal year 2000 level. Of the total amount
requested: $4.6 billion would be for weapons activities; $1.6
billion would be for other nuclear security activities; $4.6
billion would be for defense environmental restoration and
waste management activities; $1.1 billion would be for defense
facility closure projects; $540.1 million would be for defense
environmental management privatization; $555.1 million would be
for other defense activities; $112.0 million would be for
defense nuclear waste disposal; $17.0 million would be for a
Department of Energy Employees Compensation Initiative; and
$140.0 million would be for the formerly utilized sites
remedial action program.
The conferees agree to authorize $13.1 billion for atomic
energy defense activities, a decrease of $118.7 million to the
budget request. The conferees agree to authorize $6.4 billion
for the national nuclear security administration (NNSA), an
increase of $244.7 million of the amount authorized for the
NNSA: $4.8 billion would be for weapons activities, an increase
of $246.3 million; $877.5 million would be for defense nuclear
nonproliferation, a decrease of $28.6 million; and $694.6
million would be for naval reactors, an increase of $17.0
million. The conferees agree to authorize $6.0 billion for
defense environmental restoration and waste management
activities, an increase of $1.4 billion. Of the amount
authorized for environmental management activities: $1.1
billion would be for closure projects, the amount of the
request; $941.7 million would be for site and project
completion, a decrease of $29.2 million; $3.4 billion would be
for post fiscal year 2006 completion, an increase of $324.0
million; $246.5 million would be for technology development, an
increase of $50.0 million; and $355.0 million would be for
program direction, a decrease of $4.9 million. The conferees
agree to authorize $91.0 million for defense environmental
management privatization projects, a decrease of $450.0
million. The conferees agree to authorize $523.8 million for
other defense activities, a decrease of $31.3 million. Of the
amount authorized for other defense activities: $38.1 million
would be for the Office of Intelligence, the amount of the
request; $45.2 million would be for the Office of
Counterintelligence, the amount of the budget request; $284.1
million would be for the Office of Security and Emergency
Operations, a decrease of $56.3 million; $14.9 million would be
for independent oversight and performance assurance, the amount
of the request; $134.1 million would be for environment, safety
and health-defense, an increase of $25.0 million; $24.5 million
would be for the Office of Worker and Community Transition, the
amount of the budget request; and $3.0 million would be for the
Office of Hearings and Appeals, the amount of the budget
request. The conferees agree to authorize $112.0 million for
defense nuclear waste disposal, the amount of the budget
request. The conferees agree to authorize no funding for the
formerly utilized sites remedial action program, a decrease of
$140.0 million, and agree to authorize no funding for the
Department of Energy Employees Compensation Initiative, a
decrease of $17.0 million.
The following table summarizes the budget request and the
conferees recommendations:

ITEMS OF SPECIAL INTEREST

Report on authorities and limitations in general recurring provisions
The conferees direct the Secretary of Energy, in
consultation with the Administrator for Nuclear Security and
the Assistant Secretary for Environmental Management, to submit
to the Committees on Armed Services of the Senate and House of
Representatives, not later than January 15, 2001, a report on
the effect, advantages, and disadvantages of the authorities
granted and limitations imposed in sections 3121 through 3129
of this Act.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--National Security Programs Authorizations

National Nuclear Security Administration (sec. 3101)
The budget request included $6.2 billion for activities
of the Department of Energy (DOE) National Nuclear Security
Administration (NNSA).
The House bill contained a provision (sec. 3101) that
would authorize $6.3 billion for activities of the NNSA, an
increase of $91.8 million.
The Senate amendment contained a similar provision (sec.
3101) that would authorize $6.3 billion for activities of the
NNSA, an increase of $124.7 million.
The conferees agree to authorize $6.4 billion for
activities of the NNSA, an increase of $244.7 million.
Weapons activities
The budget request included $4.6 billion for weapons
activities, including: $836.6 million for directed stockpile
work; $1.0 billion for campaigns; $2.0 billion for readiness in
technical base and facilities; $115.7 million for secure
transportation asset; $414.2 million for construction; and
$224.1 million for program direction.
The House bill would authorize $4.7 billion for weapons
activities, an increase of $83.8 million. The amount authorized
is for the following activities: $856.6 million for directed
stockpile work; $2.1 billion for campaigns; $1.4 billion for
readiness in technical base and facilities; $115.7 million for
secure transportation asset; $159.8 million for construction;
and $216.9 million for program direction.
The Senate amendment would authorize $4.7 billion for
weapons activities, an increase of $153.8 million. The amount
authorized is for the following activities: $842.6 million for
directed stockpile work; $1.5 billion for campaigns; $1.5
billion for readiness in technical base and facilities; $115.7
million for secure transportation asset; $588.2 million for
construction; and $221.6 million for program direction.
The conferees agree to authorize $4.8 billion for weapons
activities, an increase of $246.3 million. The amount
authorized is for the following activities: $862.6 million for
directed stockpile work, an increase of $26.0 million; $2.1
billion for campaigns, an increase of $749.8 million; $1.6
billion for readiness in technical base and facilities, a
decrease of $524.5 million; $115.7 million for secure
transportation asset, the amount of the budget request; and
$219.1 million for program direction, a decrease of $5.0
million.
Directed stockpile work
In the directed stockpile work account, the conferees
agree to authorize: an increase of $6.0 million for a
cooperative research effort with the Department of Defense
regarding defeating hard and deeply buried targets; an increase
of $5.0 million for life extension and repairs for the B-61
warhead and other directed stockpile work at the Kansas City
Plant; an increase of $4.0 million for life extension and
repairs for the B-61 and W-76 warheads and other directed
stockpile work at the Y-12 Plant; an increase of $5.0 million
for radiographic inspection of nuclear weapons components and
assemblies, vacuum chamber inspection activities, testing in
the accelerated aging unit, and other stockpile evaluation
activities at the Pantex plant; and an increase of $6.0 million
for quality evaluation and certification activities and joint
test assemblies at the Y-12 plant.
Campaigns
In the campaigns account, the conferees agree to
authorize: an increase of $15.0 million for the pit
manufacturing readiness campaign to begin conceptual design
activities for a pit production facility adequate to meet
future national security needs; an increase of $477.1 million
for the defense computing and modeling campaign to reflect the
consolidation of all defense computing and modeling activities
into a single program line item; an increase of $144.7 million
to reflect the consolidation of all inertial confinement fusion
activities into a single program line item; an increase of
$10.0 million for joint Department of Defense-NNSA high energy
laser research; an increase of $135.0 million for the National
Ignition Facility construction, which includes a transfer of
$40.0 million from the inertial confinement fusion ignition and
high yield campaign operations and maintenance account; an
increase of $3.0 million to complete the American Textiles
Partnership (AMTEX) project; an increase of $25.0 million for
continued preliminary design and engineering development
activities in the accelerator productionof tritium project (98-
D-126); a decrease of $20.0 million to the defense computing and
modeling campaign to reflect delays in acquisition of the 100-trillion-
operations-per-second computer platform and to slow the rate of growth
in the Visual Interactive Environment Weapon Simulation (VIEWS) and
university partnership programs; and the budget request of $32.1
million for the University of Rochester's Laboratory for Laser
Energetics.
Readiness in technical base and facilities
In the readiness in technical base and facilities
account, the conferees agree to authorize: an increase of $56.3
million to reflect the movement of the nuclear emergency search
team and accident response group from the other defense
activities emergency management account to the weapons
activities account; an increase of $20.0 million for the Kansas
City Plant to continue advanced manufacturing, modernization,
infrastructure enhancement, and skills retention efforts; an
increase of $13.0 million for the Pantex Plant for
infrastructure improvements; an increase of $8.0 million for
the Y-12 Plant for infrastructure improvements; a decrease of
$144.7 million to reflect the transfer of inertial confinement
fusion activities to the inertial confinement fusion ignition
and high yield campaign account; and a decrease of $477.1
million to reflect the transfer of computing and modeling
activities to the defense computing and modeling campaign
account.
Of the funds available for directed stockpile work, the
conferees agree to authorize $5.0 million for a cooperative
program with the Defense Threat Reduction Agency to re-
establish a vigorous nuclear weapon effects test capability.
The program shall emphasize the need to invest in all elements
of nuclear weapon effects technologies, including basic
phenomenology, analysis and modeling, radiation effects
simulation, and hardening technologies.
The conferees recommend that the fiscal year 2002 budget
request include a separate program element for the operation of
each NNSA facility, rather than one consolidated facility
operations program element.
Construction
In the construction account, the conferees agree to
authorize no funding. The conferees transferred all
construction projects to the campaigns and readiness in
technical base and facilities accounts. The conferees direct
the Administrator to submit an NNSA budget request in fiscal
year 2002 that reflects the alignment of construction projects
with associated program elements.
Program direction
In the program direction account, the conferees agree to
authorize a decrease of $5.0 million.
The conferees direct that the proposed decrease be
achieved through the reorganization and realignment of
headquarters and field office roles and responsibilities. The
conferees believe that the performance of the Office of Defense
Programs will be improved by eliminating duplicative efforts
and by streamlining management control of DOE weapons
activities.
The conferees continue to believe that the Office of
Defense Programs is overstaffed. The conferees note that
several independent assessments of the organizational structure
of the Office of Defense Programs, dating back as far as
calendar year 1997, have also concluded that the Office of
Defense Programs would benefit from a realignment of
headquarters and field organization personnel. The conferees
expect the Department to utilize the authority to make the
voluntary separation incentive payments authorized in the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65) to fully implement the realignment recommendations
described in the calendar year 1997 report by the Institute for
Defense Analysis. The conferees encourage the Administrator to
make effective use of this authority to establish up to 300
excepted service positions in the Administration provided in
section 3241 of the National Defense Authorization Act for
Fiscal Year 2000 (P.L. 106-65). The conferees believe that this
authority will be a valuable tool to provide NNSA with
personnel competent to manage technically complex projects.
Budget structure for Office of the Deputy Administrator for
Defense Programs
The conferees commend the Office of Defense Programs for
establishing a more detailed and transparent budget structure.
The conferees continue to believe that this new budget
structure will greatly enhance the effectiveness of these
programs and instill a higher degree of budgetary discipline in
the Office of Defense Programs. The conferees further believe
that the new budget structure will also assist Congress in
assessing the degree of integration among varied experiments,
simulation, research, and weapons assessments activities
carried out at DOE weapons laboratories and production plants.
The conferees direct that future budget requests for weapons
activities clearly identify the funding required for each
campaign and each program under the directed stockpile work and
the readiness in technical base and facilities accounts.
National Ignition Facility
The conferees remain disappointed at the management,
schedule, and budget difficulties experienced by the NIF
program, but are convinced of the significance of the project
insustaining the U.S. nuclear stockpile. The conferees believe
that recent improvements in program management justify the increase for
NIF construction.
Nuclear Emergency Search Team
The conferees note that the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106)
requires that the Nuclear Emergency Search Team (NEST) remain a
program function within the Office of Military Applications
under the Office of Defense Programs. The conferees have
transferred NEST funding from the Department of Energy Other
Defense Activities account to the NNSA to reflect this
requirement.
Accelerated Strategic Computing Initiative
The conferees note that the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65)
expressed concern about the rate of growth in the Advanced
Strategic Computing Initiative (ASCI) and Strategic Computing
accounts. The conferees believe that the rate of growth for the
NNSA defense computing and modeling campaign remains very high
and that such funding increases have not been adequately
justified. The conferees encourage the Administrator for
Nuclear Security to properly align resources for ASCI and other
computing and modeling activities with other experimental tools
required to sustain the U.S. nuclear stockpile.
Plutonium pit production
The conferees are aware that the November 8, 1999, report
of the Panel to Assess the Reliability, Safety, and Security of
the U.S. Nuclear Stockpile stated that its ``paramount
concern'' with the DOE stockpile stewardship program ``. . . is
the need to begin work now on an adequate plutonium pit
production manufacturing capability.'' The conferees endorse
this finding and direct the Secretary of Energy to begin
conceptual design activities for a pit production facility with
a capacity adequate to meet future national security needs
immediately.
Accelerator Production of Tritium
The conferees are concerned about proposals to fund
continued APT design activities in the Office of Nuclear
Energy, Science and Technology. In order to maintain clear
lines of authority, the conferees believe that programs with
direct relevance to the core missions of NNSA should be managed
and funded by NNSA.
Defense Nuclear Nonproliferation
The budget request included $906.0 million for defense
nuclear nonproliferation and fissile materials disposition,
including: $233.0 million for nonproliferation verification
research and development; $408.1 million for arms control;
$213.5 million for fissile materials disposition; and $51.5
million for program direction.
The House bill would authorize $914.0 million for defense
nuclear nonproliferation, an increase of $8.0 million. The
amount authorized is for the following activities: $233.0
million for nonproliferation verification research and
development; $408.1 million for arms control; $221.5 million
for fissile materials disposition; and $51.5 million for
program direction.
The Senate amendment would authorize $859.5 million for
defense nuclear nonproliferation, a decrease of $46.5 million.
The amount authorized is for the following activities: $263.0
million for nonproliferation verification research and
development; $320.6 million for arms control; $224.5 million
for fissile materials disposition; and $51.5 million for
program direction.
The conferees agree to authorize $877.5 million for
defense nuclear nonproliferation, a decrease of $28.6 million.
The amount authorized is for the following activities: $253.0
million for nonproliferation verification research and
development, an increase of $20.0 million; $320.6 million for
arms control, a decrease of $87.5 million; $252.4 million for
fissile materials disposition, an increase of $29.0 million;
and $51.5 million for program direction, the amount of the
budget request.
The conferees note that the Department of Energy Defense
Nuclear Nonproliferation Program was formerly known as the
nonproliferation and national security account during fiscal
year 2000. Because DOE did not request these funds under
separate budget accounts, as required by section 3251 of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65), the conferees have renamed and consolidated these
activities into a single account. The conferees further note
that the request included separate program direction accounts
for the Office of Nonproliferation and Office of Fissile
Materials Disposition. The conferees established a single
defense nuclear nonproliferation account.
Nonproliferation verification research and development
In the nonproliferation verification research and
development account the conferees agree to authorize an
increase of $20.0 million for detecting and deterring weapons
of mass destruction proliferation, monitoring nuclear
explosions, detecting and responding to chemical and biological
weapons attacks, and conducting evaluations of the technical
capabilities of other geographic areas that pose a threat to
U.S. NationalSecurity because of the potential for development
and delivery of weapons of mass destruction.
Arms control
In the arms control account the conferees agree to
authorize an increase of $12.5 million for the Nuclear Cities
Initiative. The conferees would authorize no funding for the
long-term nonproliferation program for Russia.
Fissile materials control and disposition
In the fissile materials control and disposition account,
the conferees agree to authorize an increase of $11.0 million
to accelerate design activities for the mixed oxide fuel
fabrication facility.
Naval Reactors
The budget request included $677.6 million for naval
reactors.
The House bill would authorize $677.6 million for naval
reactors, the amount of the request.
The Senate amendment would authorize $695.0 million for
naval reactors, an increase of $17.4 million.
The conferees agree to authorize $694.6 million for naval
reactors, an increase of $17.0 million for expedited
decommissioning and decontamination activities at surplus
facilities.
Office of the Administrator
The conferees agree to authorize $10.0 million for the
Office of the Administrator, an increase of $10.0 million. The
conferees note that the budget request did not include funding
for the Office of the Administrator. The conferees direct that
future budget requests include a separate budget line for the
administrative activities of the Office of the Administrator.
Safeguards and security activities
The conferees note that DOE has proposed a budget
amendment that would consolidate all safeguards and security
funds into a single program to be managed by the Office of
Security and Emergency Operations. The conferees do not support
this proposal. The conferees direct that all funds authorized
for safeguards and security activities pursuant to this section
be managed exclusively by NNSA employees or NNSA contractor
employees. Consistent with the National Nuclear Security
Administration Act (Title 32 of Public Law 106-65; 113 Stat.
957; 50 U.S.C. 2402) the Administrator for Nuclear Security is
not authorized to transfer or delegate responsibility for any
safeguards and security activities of the NNSA to any employee
or office outside the NNSA.
Defense environmental restoration and waste management (sec. 3102)
The budget request included $4.6 billion for
environmental management activities of the Department of Energy
(DOE).
The House bill contained a provision (sec. 3102) that
would authorize $4.6 billion for environmental management
activities, an increase of $40.0 million. The amount authorized
would be for the following activities: $1.0 billion for site
and project completion, an increase of $40.0 million; $3.1
billion for post 2006 completion, the amount of the budget
request; $196.5 million for science and technology development,
the amount of the budget request; and $359.9 million for
program direction, the amount of the budget request.
The Senate amendment contained a similar provision (sec.
3102) that would authorize $5.6 billion for environmental
management activities, including closure activities, a decrease
of $56.9 million. The amount authorized would be for the
following activities: $1.1 billion for closure projects, the
amount of the budget request; $930.9 million for site and
project completion, a decrease of $40.0 million; $3.2 billion
for post 2006 completion, an increase of $70.0 million; $246.5
million for technology development, an increase of $50.0
million; and $354.9 million for program direction, a decrease
of $5.0 million. The Senate provision would also authorize a
decrease of $132.0 million to account for available uncosted,
unobligated prior year funds and funds to be deobligated from
completed, prior year construction projects.
The conferees agree to authorize $6.0 billion for
environmental management activities, an increase of $1.4
billion. The amount authorized is for the following activities:
$1.1 billion for closure projects, the amount of the budget
request; $941.7 million for site and project completion, a
decrease of $29.2 million; $3.4 billion for post 2006
completion, an increase of $324.0 million; $246.5 million for
technology development, an increase of $50.0 million; and
$355.0 million for program direction, a decrease of $4.9
million.
Post 2006 completion
For post 2006 completion activities, the conferees agree
to authorize: an increase of $332.0 million to establish a new
construction line item for the Tank Waste Remediation System
Project; an increase of $10.0 million for the Columbia River
Corridor Initiative at the Hanford Site to continue reactor
decontamination and decommissioning activities; and a decrease
of $18.0 million to reflect the movement of the Environmental
Systems Research and Analysis Program into the Science and
Technology Development Account. The conferees recommend
fullfunding for the F-canyon and H-canyon materials processing
facilities.
The conferees agreed to establish a separate sub-account
within the post 2006 completion account for the activities of
Office of River Protection. The conferees have consolidated all
post 2006 completion construction projects that support
operation of the Hanford site tank farm into this sub-account,
including a new construction line item for the Tank Waste
Remediation System Project.
Site and project completion
For site and project completion activities, the conferees
agree to authorize: an increase of $11.0 million to accelerate
compliance with 94-1 requirements at the Savannah River Site,
including pre-operational activities to support planned
stabilization campaigns, acceleration of the Americium/Curium
stabilization project, and continued operation of the HB-Line
Phase I to process plutonium residues; a decrease of $27.9
million to reflect the transfer of the highly enriched (HEU)
uranium blend-down project (01-D-407) to the National Nuclear
Security Administration Office of Fissile Materials
Disposition; a decrease of $10.0 million in operation and
maintenance funds to reflect transfer of the HEU blend-down
project; and a decrease of $2.3 million to reflect the movement
of the Environmental Systems Research and Analysis Program into
the Science and Technology Development account.
Science and technology development
For science and technology development activities, the
conferees agree to authorize: an increase of $50.0 million for
applied research and development activities. The amount
authorized reflects the consolidation of the Environmental
Systems Research and Analysis Program into the Science and
Technology Development Account.
The conferees note that the cleanup and waste management
efforts of the Department will continue well into the 21st
Century with costs anticipated to exceed $150.0 billion and
much of the cleanup work scheduled to continue beyond fiscal
year 2030. DOE must make meaningful investments in innovative
science and technology in order to reduce costs, reduce safety
and health risks, and develop solutions to problems for which
there are currently no available or effective technologies.
Columbia River Corridor Initiative
The conferees support the Columbia River Corridor
Initiative to accelerate cleanup along the Hanford Reach of the
Columbia River. The National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) directed the Assistant
Secretary of Energy for Environmental Management to establish a
schedule by which the 100 square miles of the Hanford site that
adjoin the Columbia River could be cleaned up on an accelerated
schedule and proposed for removal from the National Priorities
List. The conferees note that this schedule has not been
submitted to Congress. The conferees expect that this report
will be provided not later than November 1, 2000.
Report on pilot program to use prior year unobligated
balances to accelerate cleanup of the Rocky Flats
Environmental Technology Site
The conferees encourage the Secretary of Energy to use
the authority provided by section 3176 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) to
accelerate closure of the Rocky Flats Environmental Technology
Site.
Safeguards and Security Activities
The conferees direct that all funds authorized for
safeguards and security activities pursuant to this section be
managed exclusively by Office of Environmental Management (EM)
employees or EM contractor employees, and that such activities
not be transferred or delegated to any office outside EM.
Other defense activities (sec. 3103)
The budget request included $555.1 million for other
defense activities.
The House bill contained a provision (sec. 3103) that
would authorize $557.1 million for other defense activities, an
increase of $2.0 million.
The Senate amendment contained a similar provision (sec.
3103) that would authorize $466.3 million for other defense
activities, a decrease of $88.8 million.
The conferees agree to authorize $523.8 million for other
defense activities, a decrease of $31.3 million. The amount
authorized would be for the following activities: $38.1 million
for the Office of Intelligence, the amount of the budget
request; $45.2 million for the Office of Counterintelligence,
the amount of the budget request; $284.1 million for the Office
of Security and Emergency Operations, a decrease of $56.3
million; $14.9 million for independent oversight and
performance assurance, the amount of the budget request; $134.1
million for environment, safety and health-defense, an increase
of $25.0 million; $24.5 million for the Office of Worker and
Community Transition, the amount of the budget request; and
$3.0 million for the Office of Hearings and Appeals, the amount
of the budget request.
Office of Security and Emergency Operations
The conferees agree to authorize a decrease of $56.3
million to the Office of Security and Emergency Operations
emergency management program to reflect movement of the nuclear
emergency search team to the weapons activities account
authorized in section 3101(a)(1) of this Act.
Environment, safety and health defense
The conferees agree to authorize an increase of $25.0
million for environment, safety and health-defense to carry out
the administrative activities associated with the establishment
of an occupational illness compensation program for Department
of Energy (DOE) and DOE contractor employees at the
Department's defense nuclear facilities.
The conferees note that DOE requested authorization to
begin making compensation payments in fiscal year 2001 with
Atomic Energy Defense funding. The conferees further note that
the Secretary of Energy has not submitted a comprehensive
legislative proposal to Congress to establish such an employee
compensation program. The conferees agree not to authorize any
such payments from Atomic Energy Defense funding.
Office of worker and community transition
Of the funds available for worker and community
transition activities, the conferees agree to authorize $5.0
million to support cleanup and infrastructure development at
the Allied General Nuclear Site immediately adjacent to the DOE
Savannah River Site.
The conferees endorse DOE's decision to remove the
requirement that management and operating contracts at DOE
sites include provisions for conducting economic development
activities in the communities surrounding such sites. The
conferees encourage DOE contractors to continue to be good
corporate citizens by supporting community-based initiatives.
The conferees believe, however, that economic development
activities of DOE contractors should not be used as a measure
of performance or as a selection criteria for the award of
contracts.
Defense environmental management privatization (sec. 3104)
The budget request included $540.1 million for defense
environmental management privatization projects and the use of
$25.1 million from prior year, uncosted balances.
The House bill contained a provision (sec. 3105) that
would authorize $284.1 million for defense environmental
management privatization projects, a decrease of $256.0
million. Of the amount authorized: $194.0 million would be for
the Tank Waste Remediation System Project, phase I (Richland);
$65.0 million would be for the Advanced Mixed Waste Treatment
project (Idaho); and $25.1 million would be for spent nuclear
fuel dry storage (Idaho). The provision would authorize a
decrease of $25.1 million to reflect the use of prior year,
uncosted balances in the defense environmental management
privatization account.
The Senate amendment contained a similar provision (sec.
3104) that would authorize $390.1 million for defense
environmental management privatization projects and would
authorize a decrease of $150.0 million to the Tank Waste
Remediation System (TWRS) Project. The provision would also
authorize a decrease of $25.1 million to reflect the use of
prior year, uncosted balances in the defense environmental
management privatization account.
The conferees agree to authorize $90.1 million for
defense environmental management privatization projects,
including $65.0 million for the Advanced Mixed Waste Treatment
project (Idaho) and $25.1 million for spent nuclear fuel dry
storage (Idaho). The conferees agree to authorize a decrease of
$90.1 million to reflect the use of prior year, uncosted
balances in the defense environmental management privatization
account.
The conferees are deeply concerned with the status of the
TWRS project. The conferees note that the cost estimate for the
construction portion of this project increased from $3.2
billion to $6.4 billion, translating into a total estimated
project cost increase from $6.9 billion to over $15.2 billion
under the privatization approach. The conferees further
understand that these cost estimates were based on a project
design that is only 13 to 15 percent complete and, therefore,
subject to additional change.
The conferees fully support the TWRS project and believe
that the technological approach proposed is viable and
realistic. The conferees also believe it is vitally important
that this project proceed to full scale construction provided
the Secretary of Energy has established a high degree of
confidence in the overall project cost and other facility
requirements. As a result, the conferees have moved the TWRS
project to the post 2006 completion account and recommend no
privatization funds for the project.
In order to make the funds for termination liability
available for other purposes, the conferees have included a
separate provision in this Act that would prohibit the use of
appropriated funds to establish a reserve for contract
termination costs for the TWRS project.
Defense nuclear waste disposal (sec. 3105)
The budget request included $112.0 million for the
Department of Energy (DOE) fiscal year 2001 defense
contribution to the Defense Nuclear Waste Fund.
The House bill contained a provision (sec. 3106) that
would authorize $112.0 million for the DOE fiscal year 2001
defense contribution to the Defense Nuclear Waste Fund.
The Senate amendment contained an identical provision
(sec. 3106).
The conference agreement includes this provision.

Subtitle B--Recurring General Provisions

Reprogramming (sec. 3121)
The House bill contained a provision (sec. 3121) that
would prohibit the reprogramming of funds in excess of 110
percent of the amount authorized for the program, or in excess
of $1.0 million above the amount authorized for the program,
until the Secretary of Energy submits a report to the
congressional defense committees and a period of 45 days has
elapsed after the date on which the report is received.
The Senate bill contained a similar provision (sec. 3121)
that would prohibit the reprogramming of funds in excess of 110
percent of the amount authorized for the program, or in excess
of $1.0 million above the amount authorized for the program,
until the Secretary of Energy submits a report to the
congressional defense committees and a period of 30 days has
elapsed after the date on which the report is received.
The House recedes.
Limits on general plant projects (sec. 3122)
The House bill contained a provision (sec. 3122) that
would authorize the Secretary of Energy to carry out any
construction project authorized under general plant projects if
the total estimated cost does not exceed $5.0 million. The
provision would require the Secretary to submit a report to the
congressional defense committees detailing the reasons for the
cost variation if the cost of the project is revised to exceed
$5.0 million.
The Senate amendment contained an identical provision
(sec. 3122).
The conference agreement includes this provision.
Limits on construction projects (sec. 3123)
The House bill contained a provision (sec. 3123) that
would permit any construction project to be initiated and
continued only if the estimated cost for the project does not
exceed 125 percent of the higher of the amount authorized for
the project or the most recent total estimated cost presented
to the Congress as justification for such project. The
provision would prohibit the Secretary of Energy from exceeding
such limits until 30 legislative days after the Secretary
submits to the congressional defense committees a detailed
report setting forth the reasons for the increase. This
provision would also specify that the 125 percent limitation
would not apply to projects estimated to cost under $5.0
million.
The Senate amendment contained an identical provision
(sec. 3123).
The conference agreement includes this provision.
Fund transfer authority (sec. 3124)
The House bill contained a provision (sec. 3124) that
would permit funds authorized by this Act to be transferred to
other agencies of the government for performance of work for
which the funds were authorized and appropriated. The provision
would permit the merger of such transferred funds with the
authorized funds of the agency to which they are transferred.
The provision would also limit, to not more than five percent
of the account, the amount of funds authorized by this Act that
may be transferred between authorization accounts within the
Department of Energy.
The Senate amendment contained an identical provision
(sec. 3124).
The conference agreement includes this provision.
Authority for conceptual and construction design (sec. 3125)
The House bill contained a provision (sec. 3125) that
would limit the authority of the Secretary of Energy to request
construction funding until the Secretary has completed a
conceptual design. This limitation would apply to construction
projects with a total estimated cost greater than $5.0 million.
If the estimated cost to prepare the construction design
exceeds $600,000, the provision would require the Secretary to
obtain a specific authorization to obligate such funds. If the
estimated cost to prepare the conceptual design exceeds $3.0
million, the provision would require the Secretary to request
funds for the conceptual design before requesting funds for
construction. The provision would also provide an exception to
these requirements in the case of an emergency.
The Senate amendment contained an identical provision
(sec. 3125).
The conference agreement includes this provision.
Authority for emergency planning, design, and construction activities
(sec. 3126)
The House bill contained a provision (sec. 3126) that
would permit the Secretary of Energy to perform planning and
design with any funds available to the Department of Energy
pursuant to this title, including those funds authorized for
advance planning and construction design, whenever the
Secretary determines that the design must proceed expeditiously
to protect the public health and safety, to meet the needs of
national defense, or to protect property.
The Senate amendment contained an identical provision
(sec. 3126).
The conference agreement includes this provision.
Funds available for all national security programs of the Department of
Energy (sec. 3127)
The Senate amendment contained a provision (sec. 3127)
that would authorize amounts for management and support
activities and for general plant projects to be made available
for use in connection with all national security programs of
the Department of Energy.
The House bill contained no similar provision.
The House recedes.
Availability of funds (sec. 3128)
The House bill contained a provision (sec. 3127) that
would authorize funds for operation and maintenance or for
plant projects and capital equipment within the Department of
Energy (DOE) national security programs until the later of the
following dates: October 1, 2003; or the date of enactment of
the Act that would authorize funds for such activities in
fiscal year 2004. The provision would also authorize funds for
program direction within DOE national security programs until
the later of the following dates: October 1, 2001; or the date
of enactment of the Act that would authorize funds for program
direction in fiscal year 2002.
The Senate amendment contained a similar provision (sec.
3128) that would authorize funds for DOE national security
programs to remain available until expended, except for program
direction funds which would remain available until the end of
fiscal year 2003.
The House recedes with an amendment that would authorize
funds for program direction until the end of fiscal year 2002.
The conferees note that section 3152 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
301) required that the National Nuclear Security Administration
submit a budget request that would include funding
authorization for a limited number of years. Additional funding
limitations for future budget requests are addressed elsewhere
in this conference agreement.
Transfers of defense environmental management funds (sec. 3129)
The House bill contained a provision (sec. 3128) that
would provide the manager of each field office of the
Department of Energy with limited authority to transfer up to
$5.0 million in fiscal year 2001 defense environmental
management funds from one program or project under the
jurisdiction of the office to another such program or project,
including site project and completion and post fiscal year 2006
completion funds, once in a fiscal year.
The Senate bill contained a similar provision (sec.
3129).
The Senate recedes.

Subtitle C--Program Authorizations, Restrictions, and Limitations

Funding for termination costs of River Protection Project, Richland,
Washington (sec. 3131)
The House bill contained a provision (sec. 3131) that
would prohibit the Secretary of Energy from using appropriated
funds to establish a reserve for the payment of termination
costs of contracts relating to the tank waste remediation
system at Richland, Washington, and would identify alternatives
to pay for these costs should the need arise.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Enhanced cooperation between National Nuclear Security Administration
and Ballistic Missile Defense Organization (sec. 3132)
The House bill contained a provision (sec. 3132) that
would establish the basis for expanded cooperation between the
Ballistic Missile Defense Organization and the National Nuclear
Security Administration.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Reprogramming of funds available for infrastructure upgrades or
maintenance in certain accounts of the National Nuclear
Security Administration (sec. 3133)
The House bill contained a provision (sec. 3134) that
would prohibit the use of funds authorized to be appropriated
for the National Nuclear Security Administration for
infrastructure upgrades or maintenance in the readiness of the
technical base and facilities or construction accounts to be
used for any other purpose.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Adjustment of composite theoretical performance levels for post-
shipment verification reports on advanced supercomputers sales
to certain foreign nations (sec. 3134)
The House bill contained a provision (sec. 3136) that
would conform the reporting levels to those established under
section 1211 of the National Defense Authorization Act for
Fiscal Year1998 (Public Law 105-85) as they apply to the
Department of Energy report on sales by participants in the Accelerated
Strategic Computing Initiative.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Modification of counterintelligence polygraph program (sec. 3135)
The Senate amendment contained a provision (sec. 3154)
that would amend section 3154 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) by
authorizing the Secretary of Energy to waive the requirement
that certain Department of Energy (DOE) employees and DOE
contractor employees successfully pass a counterintelligence
polygraph exam before such employees can be granted access to
high-risk programs. The provision would allow the Secretary to
waive this requirement for any individual for a period not to
exceed 120 days, if the Secretary determines that: (1) such a
waiver is in the national security interests of the United
States; (2) the covered employee has been granted a security
clearance; and (3) the covered employee signs a written
acknowledgment that the employment is conditioned upon
successfully passing a counterintelligence polygraph exam
within 120 days of the date of signing such an acknowledgment.
The provision would also allow the Secretary to waive this
requirement for any individual who the Secretary determines:
(1) has completed successfully a full-scope counterintelligence
polygraph exam while employed with another federal agency; or
(2) should not be examined because of treatment for a medical
or psychological condition.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary to waive polygraph requirements on a one-time
basis for any individual employee and would prohibit the
Secretary from using the need to maintain the scientific
viability of a DOE laboratory as a criteria for approving any
such waivers. The amendment would further require that
employees holding a sensitive compartmented information
clearance be subject to these requirements.
Employee incentives for employees at closure project facilities (sec.
3136)
The House bill contained a provision (sec. 3137) that
would provide incentives for retention and separation of
federal employees at closure facilities of the Department of
Energy (DOE) established pursuant to section 3143 of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-106). Such incentives would include the accumulation of
annual leave up to 720 hours, lump sum retention allowances of
up to 30 percent of an employee's salary, freeze the cost of
and continue health benefits for employees who are either
voluntarily or involuntarily separated, and provide authority
for voluntary reductions in force. The authority would
terminate at a DOE site when closure is completed.
The Senate amendment contained a similar provision (sec.
3155) that would provide similar incentives, including lump sum
retention allowances of up to 40 percent of an employee's
salary, authority to pay voluntary separation incentive
payments (also referred to as buyouts), and authority to make
temporary assignments of certain DOE employees to private
sector organizations, on a non-reimbursable basis. The
authority would terminate on September 23, 2001.
The House recedes with an amendment that would provide
the following incentives: (1) the accumulation of annual leave
up to 720 hours; (2) lump sum retention allowances of up to 30
percent of an employee's salary; (3) freeze the cost of and
continue health benefits for employees who are either
voluntarily or involuntarily separated; and (4) provide
authority for voluntary reductions in force. The authority
would terminate on March 31, 2007.
Continuation of processing, treatment, and disposition of legacy
nuclear materials (sec. 3137)
The Senate amendment contained a provision (sec. 3151)
that would require the Secretary of Energy to maintain a high
state of readiness at the F-canyon and H-canyon facilities at
the Savannah River site. The provision would further prohibit
the use of funds to begin decommissioning activities at the F-
canyon facility, including studies and planning, until the
Defense Nuclear Facilities Safety Board and the Secretary of
Energy submit a report certifying that all materials currently
present in the facility are safely stabilized and the
requirements for the facility to meet future fissile materials
disposition needs can be fully met utilizing the H-canyon
facility. The provision would require the Secretary to submit
to the Committees on Armed Services of the Senate and the House
of Representatives a plan describing how all long-term chemical
separations activities would be transferred from the F-canyon
facility to the H-canyon facility beginning in fiscal year
2002. The report would be submitted not later than February 15,
2001.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to identify those fissile materials disposition
needs that will require an alternative capability, including a
description of the alternative capability and a justification
of why any such requirements cannot be carried out at the H-
canyon facility.
Limitation on use of certain funds pending certifications of compliance
with Formerly Utilized Sites Remedial Action Program funding
prohibition (sec. 3138)
The Senate amendment contained a provision (sec. 3152)
that would prohibit the use of any funds authorized or
otherwise made available to the Department of Energy by this or
any other Act for travel by the Secretary of Energy or any
employees of the Office of Secretary of Energy after March 1,
2001, unless or until the Secretary certifies to the
congressional defense committees that no Atomic Energy Defense
funds will be obligated or expended for treatment, storage, or
disposal activities at sites designated as Formerly Utilized
Site Remedial Action Program (FUSRAP) sites.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
use of travel funds by the Secretary of Energy, any employee of
the Office of the Secretary, or the Chief of Engineers of the
Army Corps of Engineers after November 1, 2001, unless or until
the Secretary and Chief each certifies to the congressional
defense committees that no Atomic Energy Defense funds will be
obligated or expended for treatment, storage, or disposal
activities at FUSRAP sites.
The conferees note that the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65)
prohibits any Atomic Energy Defense funds authorized or
otherwise made available to the Department of Energy for any
fiscal year after fiscal year 1999 from being obligated or
expended to conduct treatment, storage, or disposal activities
at sites designated as FUSRAP sites. The conferees continue to
support the cleanup of FUSRAP sites in an expeditious, cost-
effective manner. The conferees, however, do not support the
use of scarce Atomic Energy Defense funds for this purpose.
Conceptual design for Subsurface Geosciences Laboratory at Idaho
National Engineering and Environmental Laboratory, Idaho Falls,
Idaho (sec. 3139)
The Senate amendment contained a provision (sec. 3156)
that would authorize the Secretary of Energy to obligate up to
$400,000 to carry out conceptual design activities for a new
Subsurface Geoscience Facility Laboratory at the Idaho National
Engineering and Environmental Laboratory (INEEL), Idaho Falls,
Idaho. The provision would prohibit obligation of the funds
until 60 days after the Secretary submits a report to the
congressional defense committees identifying: (1) the need to
conduct mesoscale experiments to meet long-term Department of
Energy (DOE) cleanup requirements; (2) the possibility of
utilizing existing structures to house such a new facility; (3)
the estimated construction costs of the facility; (4) the
estimated annual operating costs of the facility; (5) how the
facility would utilize the capabilities of other DOE and non-
DOE sites; and (6) an analysis of costs, savings, and benefits
that are unique to INEEL.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on National Ignition Facility, Lawrence Livermore National
Laboratory, Livermore, California (sec. 3140)
The Senate amendment contained a provision (sec. 3158)
that would require the Secretary of Energy to submit to the
Committees on Armed Services of the Senate and House of
Representatives a report setting forth a revised cost and
schedule baseline for completion of the National Ignition
Facility (NIF) in Livermore, California. The provision would
prohibit the obligation of more than 50 percent of the funds
available for NIF until the report is submitted. The provision
would further require that the Comptroller General report not
later than March 31, 2001, to the Committees on Armed Services
of the Senate and House of Representatives on: (1) the
relationship of NIF to other elements of the Department of
Energy nuclear weapons program; (2) the potential impacts if
completion of the NIF were to be delayed; (3) a detailed
description and analysis of the funds spent on NIF to date; and
(4) an assessment of whether Lawrence Livermore National
Laboratory has established a revised baseline for NIF that has
achievable goals and milestones.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
River Protection Project, Richland, Washington (sec. 3141)
The House bill contained a provision (sec. 3135) that
would rename the tank waste remediation project at the
Department of Energy's (DOE) Hanford Site as the River
Protection Project.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Assistant Secretary of Energy for Environmental Management
to delegate, in writing, responsibility for management of the
Office of River Protection (ORP) to the manager of that office.
The delegation would include authority for contracting,
financial management, safety, and general program management
that are equivalent to those vested in other operations office
managers. The ORP manager would, to the maximum extent
possible, be required to coordinate all ORP activities with the
manager of the DOE Richland Operations Office.
The conferees note that section 3139 of the National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261) made the manager of the Office of River Protection
responsible for managing all aspects of this critical cleanup
program. The conferees expect the Assistant Secretary to comply
with the requirement for a written delegation of authority as
expeditiously as possible. The conferees further expect that
the Assistant Secretary will be provided with sufficient
personnel and other resources to manage the tank waste program
in an efficient and streamlined manner.
Report on tank waste remediation system, Hanford Reservation, Richland,
Washington (sec. 3142)
The Senate amendment contained a provision (sec. 3157)
that would authorize an increase of $150.0 million to carry out
an accelerated cleanup and waste management program at the
Hanford Site in Richland, Washington. The provision would also
require the Secretary of Energy to submit a report to Congress
not later than December 15, 2000, on the Tank Waste Remediation
System (TWRS) project, including: (1) a proposed plan for
processing and stabilizing all nuclear wastes located in the
Hanford Tank Farm; (2) a proposed schedule for carrying out the
plan; (3) the total estimated cost of carrying out the plan;
and (4) a description of any alternative options to the
proposed plan and description of the costs and benefits of each
such option.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the report to include the following additional items: (1) a
description of the volumes and characteristics of those wastes
or materials that are not intended to be treated during Phase
1(B) of the project and (2) a plan for developing,
demonstrating, and implementing advanced vitrification system
technologies that might be required to safely treat and
stabilize any out of specification wastes or materials, such as
polychlorinated biphenyls, that cannot be treated and
stabilized with the technologies proposed to be utilized during
Phase 1(B) of the project.

Subtitle D--Matters Relating to Management of National Nuclear Security
Administration

Term of office of person first appointed as Under Secretary for Nuclear
Security of the Department of Energy (sec. 3151)
The Senate amendment contained a provision (sec. 3131)
that would establish a fixed term of office for the first
individual appointed as the Under Secretary for Nuclear
Security at the Department of Energy. The individual would be
subject to removal by the President only for inefficiency,
neglect of duty, or malfeasance in office.
The House bill contained no similar provision.
The House recedes.
Membership of Under Secretary for Nuclear Security on the Joint Nuclear
Weapons Council (sec. 3152)
The Senate amendment contained a provision (sec. 3132)
that would designate the Under Secretary for Nuclear Security
of the Department of Energy (DOE) to serve as the DOE
representative on the Joint Nuclear Weapons Council.
The House bill contained no similar provision.
The House recedes.
Organization plan for field offices of the National Nuclear Security
Administration (sec. 3153)
The Senate amendment contained a provision (sec. 3135)
that would require the Under Secretary for Nuclear Security of
the Department of Energy to develop an appropriate staffing and
organization plan to carry out the activities of the National
Nuclear Security Administration (NNSA). The plan would
identify: (1) the roles and responsibilities to be assigned to
each NNSA field organizational unit and the NNSA headquarters
organization; (2) any modifications, downsizing, eliminations,
or consolidations of NNSA headquarters and field organization
units; (3) any modifications to headquarters and field office
staffing levels that the Under Secretary determines are
necessary to implement the plan; and (4) a schedule by which
the plan could be implemented. The plan would be submitted to
the congressional defense committees not later than March 1,
2001.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Under Secretary to submit the plan not later than May 1,
2001.
Required contents of future-years nuclear security program (sec. 3154)
The House bill contained a provision (sec. 3133) that
would make certain findings that the budget submission for
fiscal year 2001 to Congress does not comply with requirements
imposed by sections 3251 and 3253 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65);
would establish requirements for the content of the future
years nuclear security program to be submitted annually by the
Administrator of the National Nuclear Security Administration
(NNSA) pursuant to section 3253; and would prohibit the
obligation of more than 50 percent of funds authorized for
appropriation for program direction within NNSA until 30 days
after the Administrator provides Congress with the required
future years nuclear security program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove
the restriction on use of program direction funds.
Future-years nuclear security program for fiscal year 2001 (sec. 3155)
The Senate amendment contained a provision (sec. 3136)
that would require the Under Secretary for Nuclear Security to
submit a future-years nuclear security program plan that would
contain the estimated expenditures necessary to support the
programs, projects, and activities of the National Nuclear
SecurityAdministration (NNSA). The report would be submitted to
Congress not later than November 1, 2000.
The House contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that the Secretary of Energy was
required by section 3135 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201) and section 3253
of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65) to provide a five-year budget plan, and
that the Secretary failed to comply with such requirements. The
conferees further note that the Secretary of Defense provides
such future year budget data to Congress concurrent with the
submission of the budget request. The conferees believe that
such a plan will provide an important planning tool for the
Secretary, the Administrator, and the Congress, and would serve
as a baseline upon which the congressional defense committees
can better evaluate succeeding budget submissions.
The conferees are aware that DOE submitted a future years
nuclear security program plan to the Office of Management and
Budget as part of its fiscal year 2001 budget request. The
conferees believe that this plan will meet the requirements of
this provision.
Engineering and manufacturing research, development, and demonstration
by plant managers of certain nuclear weapons production plants
(sec. 3156)
The Senate amendment contained a provision (sec. 3175)
that would authorize the Secretary of Energy to establish a
Plant Manager Research, Development, and Demonstration (PMRDD)
program to support innovative engineering and systems
activities at the nuclear weapons production plants. The
program would be limited to the Y-12 plant in Oak Ridge,
Tennessee, the Kansas City plant in Kansas City, Missouri, and
the Pantex plant in Amarillo, Texas. The program would be
authorized at a level not to exceed two percent of the funds
available for weapons activities at such plants.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Administrator of the National Nuclear Security
Administration to authorize the head of each nuclear weapons
production plant to establish a PMRDD program and would allow
the Administrator to authorize the head of each production
plant to obligate up to $3.0 million per year from those funds
available in the Advanced Design and Production Technologies
Campaign in fiscal year 2001 to carry out the program.
The conferees anticipate that this program would be used
to explore viable tools and techniques for understanding and
replacing sunset technologies and for developing more agile
manufacturing techniques. The conferees believe the creation of
this program will support recommendations for addressing
workforce problems at the production plants identified by the
Commission on Retaining Nuclear Weapons Expertise (also known
as the Chiles Commission) by assisting with recruiting and
retention of outstanding engineers and craftsmen.
Prohibition on individuals engaging in concurrent service or duties
within National Nuclear Security Administration and outside
that Administration but within Department of Energy (sec. 3157)
The Senate amendment contained a provision (sec. 3134)
that would prohibit the use of any funds authorized to be
appropriated or otherwise made available to the Department of
Energy (DOE) after fiscal year 2000 to pay the basic pay of an
officer or employee of DOE who: (1) serves concurrently in a
position in the National Nuclear Security Administration (NNSA)
and a position outside the NNSA; or (2) performs concurrently
the duties of a position in the NNSA and the duties of a
position outside the NNSA.
The House bill contained no similar provision.
The House recedes with an amendment that would prohibit
the practice of dual office holding.
The conferees recognize that NNSA may benefit from the
unique skills of personnel in other federal agencies, other DOE
entities not within NNSA, and private entities. The conferees
believe that the assignment of detailees with such expertise to
the NNSA on an occasional and temporary basis is acceptable,
provided that the specific arrangements for detailee assignment
to NNSA are consistent with the terms of this provision.
Annual plan for obligation of funds of the National Nuclear Security
Administration (sec. 3158)
The conference agreement includes a provision that would
require the Administrator of the National Nuclear Security
Administration (NNSA) to submit a plan for obligation of
amounts requested for each program element and construction
line item expressed as percentage of the requested amounts in
the annual budget and the two succeeding fiscal years; and an
assessment as to whether the NNSA had met the goals of prior
year obligation plans and any plan for corrective actions that
might be needed. The amendment would also require an assessment
by the Comptroller General concerning the adequacy of the NNSA
planning, programming, and budgeting process.
The conferees are disappointed that the Department of
Energy failed to comply with section 3152 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65), which required the NNSA to forward a budget with funding
available for a limited number of years.
Authority to reorganize National Nuclear Security Administration (sec.
3159)
The Senate amendment contained a provision (sec. 3133)
that would limit the authority of the Secretary of Energy to
reorganize, abolish, alter, consolidate, or discontinue any
organizational unit or component of the National Nuclear
Security Administration (NNSA).
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Administrator to reorganize, abolish, alter, consolidate,
or discontinue any organizational unit or component of the
NNSA.

Subtitle E--National Laboratories Partnership Improvement

Technology Infrastructure Pilot Program (sec. 3161)
The Senate amendment contained a provision (section 3163)
that would authorize the Secretary of Energy to obligate up to
$10.0 million per year for a three-year period to establish the
Technology Infrastructure Pilot Program. The pilot program
would promote establishment of technology partnership clusters
in the vicinity of certain DOE laboratories and plants. The
provision would authorize each such DOE site to expend
available funds to carry out cooperative activities with local
businesses, universities, research organizations, or state,
local, and tribal governments.
The House had no similar provision.
The House recedes with an amendment that would authorize
the Administrator of the National Nuclear Security
Administration (NNSA) to obligate up to $5.0 million during
fiscal years 2001 and 2002 to carry out the pilot program.
The conferees are concerned that technology partnerships
within the Office of Defense Programs have not been well
managed in the past nor have they resulted in significant
return on investment. Nevertheless, the conferees recognize
that public-private collaborations may, if properly focused and
managed, result in the development of commercially viable
technologies that support the core nuclear weapons and nuclear
nonproliferation missions of the NNSA. The Technology
Infrastructure Pilot Program will allow the NNSA laboratories
and facilities to explore new ways to collaborate with private
entities in research, training, and shared facilities to
enhance these core NNSA missions. The conferees note that
technology networks of this kind have proven successful in the
private sector. The conferees further note that the provision
would not preclude the possibility of subsequent authorizations
in appropriate circumstances.
Report on small business participation in National Nuclear Security
Administration activities (sec. 3162)
The Senate amendment contained a provision (sec. 3164)
that would require each laboratory to establish a small
business advocacy and assistance program to increase the
participation of small businesses in all contracting aspects of
the laboratory. The provision would also require each
laboratory to establish a small business assistance program to
help local small businesses obtain more subcontracts at the
laboratory and improve the commercial value of their products
and services.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Administrator of the National Nuclear Security
Administration (NNSA) to report to the congressional defense
committees not later than February 15, 2001, regarding the
effectiveness of NNSA small business programs, recommendations
on how to improve them, and any legislative changes required to
implement such improvements.
Study and report related to improving mission effectiveness,
partnerships, and technology transfer at national security
laboratories and nuclear weapons production facilities (sec.
3163)
The Senate amendment contained a provision (sec. 3166)
that would require the Secretary to direct the Laboratory
Operations Board to study and to report on the possible
benefits of and need for policies and procedures to facilitate
the transfer of scientific, technical, and professional
personnel among national security laboratories and facilities.
The Board would be required to report on the possible benefits
of and need for changes in the following: (1) the
indemnification requirements for patents or other intellectual
property licensed from a laboratory or facility; (2) the
royalty and fee schedules and types of compensation that may be
used for patents or other intellectual property licensed to a
small business concern from a National Laboratory or facility;
(3) the licensing procedures and requirements for patents and
other intellectual property, including preferences for small
businesses started by former laboratory or facility employees
who invented the patented technology or other intellectual
property; (4) the infringement and protections available to
small businesses that have received patents or other
intellectual property from a laboratory or facility; (5) the
advance funding requirements for a small business that funds a
project at a laboratory or facility through a Funds-In-
Agreement; (6) the intellectual property rights allocated to a
business that funds a project at a laboratory or facility
through a Funds-In-Agreement; and (7) the policies onroyalty
payments to inventors employed by a contractor-operated laboratory or
facility, including those for inventions made under a Funds-In-
Agreement.
The Board would be required to report to the Secretary
not later than one year after the date of enactment of this
Act. The Secretary would be required to transmit the report to
Congress not later than one month after receiving the report of
the board concurrent with the submission of the report of the
Secretary shall provide recommendations regarding appropriate
action and legislative proposals.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Energy Advisory Board to prepare and to submit
the report related to the national security laboratories and
facilities. The amendment would also require the report to
include the advantages and disadvantages of providing the
Administrator of the National Nuclear Security Administration
with special contracting authority, such as ``other
transactions'' authority.
Report on effectiveness of National Nuclear Security Administration
technology development partnerships with non-Federal entities
(sec. 3164)
The Senate amendment contained a provision (sec. 3137)
that would establish funding goals for cooperative research and
development agreements (CRADAs) of the National Nuclear
Security Administration (NNSA) and require that such CRADAs be
consistent with and support the missions of the National
Nuclear Security Administration. The provision would establish
a goal of obligating 0.5 percent of NNSA funds available during
fiscal years 2001 and 2002 for CRADAs, or similar cooperative,
cost-shared research partnerships with non-federal
organizations. The provision would further require the
Administrator of the NNSA to submit a report to the
congressional defense committees setting forth a recommendation
as to the appropriate future percentage goals. The provision
would require that the Administrator report to Congress
annually on whether the goals of this provision have been met
in the successive fiscal year. The provision would require the
Administrator to describe the actions necessary to achieve such
goals and provide any legislative changes recommended to
achieve them, if the goals have not been met.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Administrator to submit to Congress a report on the
efficiency and effectiveness with which the NNSA and its
laboratories and facilities carry out cooperative technology
development activities with non-federal entities, including
appropriate funding levels for such cooperative activities.
Definitions (sec. 3165)
The Senate amendment contained a provision (sec. 3162)
that would define the terms referenced in subtitle E of this
Act.
The House bill contained no similar provision.
The House recedes with an amendment that would define the
terms ``national security laboratory'' and ``nuclear weapons
production facility'' as they are defined in section 3281 of
the National Nuclear Security Administration Act (Public Law
106-65).

Subtitle F--Matters Relating to Defense Nuclear Nonproliferation

Matters Relating to Defense Nuclear Nonproliferation (secs. 3171-3175)
The Senate amendment contained a provision (sec. 3153)
that would: (1) require an annual report and limit funding for
the program until an access policy is established and
implemented by the Secretary for the Nuclear Materials
Protection, Control, and Accounting Program; (2) establish
programmatic management criteria and conditions on funds for
the Nuclear Cities Initiative (NCI); and (3) require that funds
for the International Nuclear Safety Program be used only for
reactor safety upgrades and training for reactor operators
participating in the program. The Senate amendment also
contained provisions (sec. 3191-3195) that would expand the NCI
by authorizing $30.0 million for fiscal year 2001, require an
agreement that provides that Russia will close some of its
facilities engaged in nuclear weapons assembly and disassembly
work within five years in exchange for participating in the
NCI, establish additional programmatic criteria, authorize the
Secretary of Energy to encourage careers in nonproliferation,
and express the sense of Congress on the need for establishing
a national coordinator for nonproliferation.
The House bill contained no similar provision.
The House recedes with a technical amendment regarding
the International Nuclear Safety Program. The amendment would
also: (1) Authorize $30.0 million for fiscal year 2001 for the
NCI; (2) prohibit the obligation or expenditure of funds for
more than three nuclear cities in Russia and two serial
production facilities until 30 days after the Secretary submits
to the Committees on Armed Services of the Senate and House of
Representatives a copy of a written agreement that provides
that Russia will close some of its facilities engaged in
nuclear weapons assembly and disassembly work; and (3) limit
not more than $8.7 million from being expended or obligated
until the Secretary establishes and implements project review
procedures for projectsunder the NCI and submits to the Armed
Services Committees of the Senate and the House of Representatives a
report on the project review procedures established and implemented.
The amendment would also prohibit amounts in excess of $17.5 million
from being obligated or expended until 30 days after the Secretary
submits a report to the Armed Services Committees of the Senate and the
House of Representatives that includes: (1) a copy of a written
agreement that provides that Russia will close some of its facilities
engaged in nuclear weapons assembly and disassembly work within five
years in exchange for participation in the NCI; (2) a certification by
the Secretary that project review procedures have been established and
are being implemented and that any scientific, technical, or commercial
projects carried out under the NCI will meet specific nonproliferation
objectives and be commercially viable in three years; (3) a description
of the project review procedures process; (4) a list of the projects
that have undergone review; and (5) detailed descriptions for each NCI
project regarding project management costs, budgets, commercial
viability, income generation, and the number of Russian jobs created.
The amendment would also urge the President to discuss with the Russian
Federation the development of a plan for restructuring the Russian
nuclear weapons complex, and would authorize $2.0 million for the
Secretary to encourage Russian and U.S. students to pursue
nonproliferation careers. The funds for nonproliferation careers may
only be obligated and expended after conditions are met for fiscal year
2001 funds in excess of $17.5 million, and after the Administrator for
Nuclear Security provides prior notification to Congress that these
funds will be expended. Finally, the House amendment expresses the
sense of Congress on the need for effective and clear coordination of
U.S.-Russian nonproliferation programs.
The conferees believe that the Department should support
projects that have the greatest potential for commercialization
in the near term through the rapid creation of Russian jobs in
the closed cities.
In addition, the conferees agree to include a provision
that would direct the Secretary to submit to the Armed Services
Committees of the Senate and the House of Representatives not
later than March 1, 2001, a report on the Department's recent
and planned efforts to ensure adequate oversight and
accountability of its nonproliferation programs in Russia, and
the potential costs and impacts of on-the-ground monitoring.
The conferees further direct the Comptroller General to conduct
a review of the information contained in the Secretary's report
to assess the information and provide the Congress with a
report of the Comptroller General's assessment not later than
April 15, 2001. The conferees are interested in ensuring that
the Department of Energy has adequate assurance that federal
funds expended in Russia for nonproliferation programs are
being expended for the purposes for which they are intended, as
exemplified in the legislative provision on access for the
Materials Protection, Control, and Accounting program.

Subtitle G--Other Matters

Extension of authority for appointment of certain scientific,
engineering, and technical personnel (sec. 3191)
The Senate amendment contained a provision (sec. 3171)
that would extend the authority of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337)
related to excepted service hiring for up to 200 positions.
The House bill contained no similar provision.
The House recedes.
Biennial report containing update on nuclear test readiness postures
(sec. 3192)
The Senate amendment contained a provision (sec. 3172)
that would require the Secretary of Energy to update the
nuclear test readiness report required by section 3152 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106) on a biennial basis. The Secretary would be
required to submit the first updated report to the
congressional defense committees not later than February 15,
2001. The reports would include a listing and description of
those workforce skills and capabilities that are essential to
carry out the missions of the site, a listing and description
of the required infrastructure and physical plant that are
essential to carry out the missions of the site, and an
assessment of the readiness status of the workforce and
infrastructure. The report would be submitted in unclassified
form, but could include a classified annex.
The House bill contained no similar provision.
The House recedes.
Frequency of reports on inadvertent releases of restricted data and
formerly restricted data (sec. 3193)
The Senate amendment contained a provision (sec. 3173)
that would amend section 3161 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65) to require the Secretary of Energy to report inadvertent
releases of restricted data and formerly restricted data on a
quarterly basis rather than 30 days after any such release.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would
make the quarterly report mandatory, regardless of whether
there is a reportable incident during the period by the report.
Form of certifications regarding the safety or reliability of the
nuclear weapons stockpile (sec. 3194)
The Senate amendment contained a provision (sec. 3174)
that would require the annual certification to the President
regarding the safety and reliability of the U.S. nuclear
stockpile be submitted in classified form.
The House bill contained no similar provision.
The House recedes.
Authority to provide certificate of commendation to Department of
Energy and contractor employees for exemplary service in
stockpile stewardship and security (sec. 3195)
The Senate amendment contained a provision (sec. 3177)
that would authorize the Secretary of Energy to award a
certificate of commendation for meritorious service to current
and former employees of the Department of Energy (DOE), and
current and former contractor employees who worked in programs
related to stewardship of the Nation's nuclear weapons
stockpile.
The House bill contained no similar provision.
The House recedes.
The conferees note that the dedication, intellect, and
hard work of the scientists and craftsmen employed at DOE
laboratories and manufacturing plants are essential to
maintaining a credible U.S. nuclear deterrent. The conferees
further note that former scientists and craftsmen at DOE
laboratories, plants, and materials production sites were
instrumental in ensuring the security of the United States
during the Cold War. The conferees included this provision to
recognize the contributions of former employees at these
facilities and to highlight the Nation's continued reliance on
the capabilities of the skilled workers at DOE weapons
laboratories and manufacturing plants. The conferees commend
these individuals for their continued service to the Nation and
for the peace that they have helped to preserve.
Cooperative research and development agreements for government-owned,
contractor-operated laboratories (sec. 3196)
The Senate amendment contained a provision (sec. 3176)
that would amend the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710) to streamline the approval process for
cooperative research and development agreements (CRADA) at
government-owned, contractor-operated (GOCO) facilities by
authorizing federal agencies to substitute an annual strategic
plan for individual joint work statements. The provision would,
for a period of five years after the date of enactment of this
Act, authorize the waiver of any license retained by the
government if the retention of that license would inhibit
commercialization of an invention that would otherwise serve an
important federal mission. The provision would further
streamline the CRADA process for GOCO facilities by authorizing
federal agencies to permit routine CRADAs to be negotiated and
signed by GOCO employees.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
applicability of the license waiver provision to the activities
of the National Nuclear Security Administration laboratories,
and would require a report on all license waivers.
Office of Arctic Energy (sec. 3197)
The Senate amendment contained a provision (sec. 3169)
that would establish the Office of Arctic Energy Research.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
the Secretary of Energy with discretionary authority to
establish the Office of Arctic Energy Research.

LEGISLATIVE PROVISIONS NOT ADOPTED

Conformance with National Nuclear Security Administration
organizational structure
The Senate amendment contained a provision (sec. 3168)
that would require the Secretary of Energy to carry out the
requirements of Subtitle E of this Act, consistent with title
32 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65).
The House bill contained no similar provision.
The Senate recedes.
Construction of National Nuclear Security Administration Operations
Office Complex
The Senate amendment contained a provision (sec. 3138)
that would authorize the Administrator of the National Nuclear
Security Administration (NNSA) to begin design and construction
of a new operations office complex at the Department of Energy
Albuquerque Operations Office located at Kirtland Air Force
Base, New Mexico. The authority would have to be carried out in
accordance with a Department of Energy feasibility study that
would examine the design and construction of the office complex
using one or more energy savings performance contracts,
consistent with Title VIII of the National Energy Policy
Conservation Act (42 U.S.C. 8287 et seq.). Construction costs
would be derived from energy savings and ancillary operation
and maintenance savings that result from replacing the current
office complex with the proposed complex.
The Administrator could not begin conceptual design and
construction until the later of: (1) 30 days after the date on
which the Administrator submits to Congress the NNSA field
organization plan required by a provision included elsewhere in
this conference agreement; or (2) the date on which the
Administrator certifies to Congress that the design
andconstruction of the complex is consistent with the NNSA field
organization plan and the feasibility study.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Administrator may seek future
congressional authorization for design and construction of a
new office complex at the Albuquerque Operations Office.
Energy employees compensation initiative
The budget request included $17.0 million for
establishment of an energy employees compensation fund.
The Senate amendment contained a provision (sec. 3105)
that would authorize $17.0 million for the establishment of an
energy employees compensation fund to compensate Department of
Energy (DOE) contractor employees that have proven health or
other medical problems that are directly related to their
employment at a DOE nuclear facility.
The House bill contained no similar provision.
The Senate recedes.
Environmental management closure projects
The House bill contained a provision (sec. 3104) that
would authorize $1.0 billion for environmental management
closure projects, the amount of the request.
The Senate amendment contained no similar provision.
The House recedes.
Other transactions
The Senate amendment contained a provision (sec. 3167)
that would authorize the Secretary of Energy to permit the
award contracts on a non-competitive basis, commonly known as
``other transactions'' authority.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that a report on ``other
transactions'' authority is required elsewhere in this
conference agreement.
Sense of the Congress regarding compensation and health care for
personnel of the Department of Energy and its contractors and
vendors who have sustained beryllium, silica, and radiation-
related injury
The House bill contained a provision (sec. 3138) that
would express the sense of the Congress that there is
sufficient information available to Congress to warrant
enactment of legislation regrading personnel of the Department
of Energy and its contractors and vendors who have sustained
beryllium, silica, and radiation-related injury.
The Senate amendment contained no similar provision.
The House recedes.
Short title
The Senate amendment contained a provision (sec. 3161)
that would cite the subtitle E of the National Defense
Authorization Act for Fiscal Year 2001 as the National
Laboratories Partnership Improvement Act of 1999.
The House bill contained no similar provision.
The Senate recedes.
Technology partnerships ombudsman
The Senate amendment contained a provision (sec. 3165)
that would require each laboratory to establish a technology
partnership ombudsman to resolve complaints from outside
organizations regarding patents, technology licenses, and other
issues.
The House bill contained no similar provision.
The Senate recedes.

Title XXXII--Defense Nuclear Facilities Safety Board

LEGISLATIVE PROVISIONS ADOPTED

Defense Nuclear Facilities Safety Board (sec. 3201)
The budget request included $18.5 million for the Defense
Nuclear Facilities Safety Board (DNFSB).
The House bill contained a provision (sec. 3201) that
would authorize $17.0 million for the DNFSB, a decrease of $1.5
million.
The Senate amendment contained a similar provision (sec.
3201) that would authorize for the DNFSB the budget request.
The House recedes.
The conferees note that the National Nuclear Security
Administration Act (Public Law 106-65), which established the
National Nuclear Security Administration (NNSA) within the
Department of Energy (DOE), did not repeal or amend the
requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011).
The conferees further note that the independent oversight
authority of the DNFSB related to health and safety matters at
DOE and NNSA defense nuclear facilities was not changed by the
National Nuclear Security Administration Act.
The conferees note that the DNFSB is an independent
technical body that continually assesses safety issues at DOE
facilities and submits formal safety findings and
recommendations to the Secretary of Energy, the Assistant
Secretary of Energy for Environment, Safety and Health, and
Congress. As such, theconferees believe that the DNFSB is a
cost-effective means of ensuring continuous improvement of the safety
culture at DOE nuclear facilities.

Title XXXIII--National Defense Stockpile

LEGISLATIVE PROVISIONS ADOPTED

Authorized uses of stockpile funds (sec. 3301)
The Senate amendment contained a provision (sec. 3401)
that would authorize the stockpile manager to obligate $75.0
million from the National Defense Stockpile Transfer Fund
during fiscal year 2001 for the authorized uses of funds under
section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h).
The House amendment contained a similar provision (sec. 3301).
The Senate recedes with an amendment that would authorize
$71.0 million.
Increased receipts under prior disposal authority (sec. 3302)
The Senate amendment contained a provision (sec. 3402)
that would increase, by $30.0 million, the amount of revenues
that could be achieved through the sale of unneeded materials
from the national defense stockpile.
The House bill contained no similar provision.
The House recedes with an amendment that would increase,
by $130.0 million, the amount of revenues that could be
achieved through the sale of unneeded materials from the
national defense stockpile.
Disposal of titanium (sec. 3303)
The House bill contained a provision (sec. 3302) that
would authorize the Secretary of Defense to make available to
the military services the titanium sponge in the National
Defense Stockpile for use as government furnished material in
the production of military equipment.
The Senate amendment contained a provision (sec. 3403)
that would require the sale of all remaining titanium in the
National Defense Stockpile within ten years. The initial $6.0
million worth of revenues generated from the sale would be used
for the construction, dedication, and related activities of the
World War II Memorial, and the remainder used to defray the
costs of health care benefit improvements for retired military
personnel.
The House recedes with an amendment that would require
the sale of $48.0 million of titanium in the National Defense
Stockpile within ten years. The initial $6.0 million worth of
revenues generated from the sale would be used for the
construction, dedication, and related activities of the World
War II Memorial, and the remainder to be deposited in the
General Fund of the Treasury.
The conferees believe that with over 1,000 World War II
veterans dying each year, it is important to finish
construction and dedication of the World War II Memorial as
soon as possible in order to recognize the men and women who
served during that war. The conferees further believe that,
although nothing could compensate for the sacrifices that were
made by these veterans, this memorial will demonstrate the
appreciation of a grateful nation to those who fought to
preserve liberty and freedom for all U.S. citizens and millions
of others throughout the world.

Title XXXIV--Naval Petroleum Reserves

LEGISLATIVE PROVISIONS ADOPTED

Minimum price of petroleum sold from certain naval petroleum reserves
(sec. 3401)
The Senate amendment contained a provision (sec. 3301)
that would repeal the authority for the Secretary of Energy to
sell oil from the naval petroleum reserves for less than full
market value.
The House bill contained no similar provision.
The House recedes.
Repeal of authority to contract for cooperative or unit plans affecting
Naval Petroleum Reserve Numbered 1 (sec. 3402)
The Senate amendment contained a provision (sec. 3302)
that would amend section 7426 of title 10, United States Code,
to repeal the requirement for the United States to contract for
cooperative or unit plans in the administration of the Naval
Petroleum Reserve Numbered 1 at Elk Hills.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Disposal of Oil Shale Reserve Numbered 2 (sec. 3403)
The Senate amendment contained a provision (sec. 3303)
that would authorize the conveyance of the Naval Oil Shale
Reserve-Numbered 2 (NOSR-2), to the Ute Indian Tribe of the
Uintah and Ouray Indian Reservation in Utah with the exception
of a small parcel to be transferred to the Department of the
Interior. The provision would also require the United States to
retain a nine percent share of the revenues from the
development of any minerals on the land after it is
transferred. The provision would further require the
environmental remediation and restoration of the uranium mill
tailings site in Moab, Utah. The nine percent share of the
revenues generated from the mineraldevelopment at the NOSR-2
would be available for the cleanup of the tailings site together with
any funds specifically appropriated for this purpose.
The House bill contained no similar provision.
The House recedes with an amendment that would retain
nine percent of the revenues from the mineral development of
NOSR-2 until such time as the cleanup costs of the government
for the tailings site have been recovered. The amendment would
further require the Secretary of Energy to enter into an
arrangement with the National Academy of Sciences to assist the
Secretary of Energy in the preparation of a remediation plan
that objectively evaluates the costs, benefits, and risks
associated with various remediation alternatives for the
cleanup of the tailings site.
The conferees understand that the remedial plan proposed
by the Secretary of Energy will be prepared in accordance with
title I of the Uranium Mill Tailings Radiation Control Act of
1978 (42 U.S.C., 7901). The conferees expect that as part of
the remediation plan, the Secretary of Energy will develop a
strategy for transferring the legal responsibilities and title
to the Moab site, from the present Moab site Trustee to the
Department of Energy, and that the Secretary of Energy will
consult with the Trustee and with the beneficiaries of the
trust, the Nuclear Regulatory Commission and the State of Utah,
in developing the plan for the transition of responsibilities.

Title XXXV--Maritime Administration

LEGISLATIVE PROVISIONS ADOPTED

Authorization of appropriations for fiscal year 2001 (sec. 3501)
The budget request included $86.4 million for the
Maritime Administration.
The House bill contained a provision (sec. 3401) that
would authorize an increase of $61.9 million for the Maritime
Administration. Of the funds authorized, $94.2 million would be
for operations and training programs, $50.0 million would be
for the cost as defined in section 502 of the Federal Credit
Reform Act of 1990, of loan guarantees authorized by title XI
of the Merchant Marine Act, 1936, as amended (46 App. U.S.C.
1271 et seq.), and $4.2 million would be for administrative
expenses related to providing those loan guarantees.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
$94.3 million for operations and training programs, $50.0
million for the cost as defined in section 502 of the Federal
Credit Reform Act of 1990, of loan guarantees authorized by
title XI of the Merchant Marine Act, 1936, as amended (46 App.
U.S.C. 1271 et seq.), and $4.2 million for administrative
expenses related to providing those loan guarantees.
Scrapping of National Defense Reserve Fleet vessels (sec. 3502)
The House bill contained a provision (sec. 3402) that
would amend section 6(c)(1)(A) of the National Maritime
Heritage Act of 1994 (16 U.S.C. 5405(c)(1)(A)) to authorize an
extension of the period for disposal of obsolete vessels in the
National Defense Reserve Fleet (NDRF). The provision would also
direct that the obsolete vessels be scrapped outside the United
States to the maximum extent possible.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate
the requirement to maximize financial returns on the sale of
its obsolete vessels, as mandated by section 6(c)(1) of the
National Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1)).
Under this provision, the Secretary of Transportation would
only proceed with the scrapping of the NDRF vessels listed in
the provision, and no others, until the report on the scrapping
program has been transmitted to the appropriate congressional
committees.
The provision would also direct the Secretary of
Transportation, in consultation with the Secretary of the Navy
and the Administrator of the Environmental Protection Agency,
to develop a program within six months of the enactment of this
Act to scrap obsolete NDRF vessels. The Secretary of
Transportation would then have to submit a report to the
Congress that describes the program. The conferees direct the
Secretary of Transportation, based on concurrence of the
Secretary of the Navy, to include in that report a description
of how the Maritime Administration proposes to fund the
disposal of obsolete NDRF vessels in the future years. An
additional report on the progress of scrapping obsolete NDRF
vessels would be required one year after the date of the
enactment of this Act, and every six months thereafter.
In the selection of qualified foreign or domestic
scrapping facilities, the provision would require a best value
determination, consistent with the Federal Acquisition
Regulations (FAR), including the provisions relevant to past
performance, and taking into consideration the ability of
facilities to scrap vessels: (1) at least cost to the Federal
Government; (2) in a timely manner; (3) giving consideration to
worker safety and the environment; and (4) in a manner that
minimizes the geographic distance that a vessel must be towed
when towing a vessel poses a serious threat to the environment.
The provision would also require the President to make a
recommendation to the Congress regarding whether it is
necessary to amend the Toxic Substances Control Act (15 U.S.C.
2601 et seq.) or any other environmental statute or regulatory
requirement relevant to the disposal of vessels described in
section 6(c)(2) of the National Maritime Heritage Act of 1994
(16 U.S.C. 5405(c)(2)) and to recommend any proposed statutory
or regulatory changes.
The conferees direct the administration, in the course of
preparing the President's recommendation to Congress, to
addressdirectly the issues that impede the disposal of aging,
obsolete NDRF vessels. The conferees believe that the public interest
is not well served by continued inaction in this matter. Close
cooperation by the Secretary of Transportation, the Secretary of the
Navy, and the Administrator of the Environmental Protection Agency will
be critical in developing a successful ship disposal program that
prevents these vessels from becoming a serious threat to the
environment.
Authority to convey National Defense Reserve Fleet vessel, Glacier
(sec. 3503)
The House bill contained a provision (sec. 3403) that
would authorize the Secretary of Transportation to convey, at
no cost to the government, a surplus National Defense Reserve
Fleet vessel, to the Glacier Society for use as a museum.
The Senate amendment contained no similar provision.
The Senate recedes.
Maritime intermodal research (sec. 3504)
The conferees agree to include a provision that would
authorize the Secretary of Transportation to make grants to
National Maritime Enhancement Institutes, as if they were
University Transportation Centers, for maritime and maritime
intermodal research.
Maritime research and technology development (sec. 3505)
The conferees agree to include a provision that would
authorize $100,000 for the Secretary of Transportation to
provide a report on the status of maritime research and
development and to include in the report information on prior
year funding for research and development on various modes of
transportation.
Reporting of administered and oversight funds (sec. 3506)
The conferees agree to include a provision that would
require the Maritime Administration to report to Congress the
amount, source, and intended use of funds (other than funds
appropriated for the Maritime Administration or the Secretary
of Transportation for use by the Maritime Administration)
administered by the Maritime Administration.
The conferees note that it is not the practice of the
defense authorization conference to adopt provisions relating
to the Maritime Administration that have not passed either the
House of Representatives or the Senate. The conferees
understand that provisions relating to the authorization of the
Maritime Administration and national security aspects of the
Merchant Marine, including financial assistance for the
construction and operation of vessels, maintenance of the U.S.
shipbuilding and ship repair industrial base, cabotage, and
cargo preference, will normally be considered by committees of
conference for inclusion in future conference reports if these
provisions have first been passed in either the House of
Representatives or the Senate.

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority to convey offshore drill rig Ocean Star
The House bill contained a provision (sec. 3404) that
would authorize the Secretary of Transportation to convey the
offshore drill, Ocean Star, to the Offshore Rig Museum, Inc., a
non-profit corporation.
The Senate amendment contained no similar provision.
The House recedes.

Title XXXVI--Energy Employees Occupational Illness Compensation Program

The Senate amendment contained provisions (secs. 3501-
3544) that would enact the Energy Employees Occupational
Illness Compensation Act of 2000. The provision would establish
a compensation program for Department of Energy (DOE) employees
and DOE contractor employees who were injured due to exposure
to radiation, beryllium, or silica while working at a DOE
defense nuclear facility or nuclear weapons testing site.
The House bill contained no similar title.
The House recedes with an amendment that would establish
the Energy Employees Occupational Illness Compensation Program.

LEGISLATIVE PROVISIONS ADOPTED

Short title (sec. 3601)
The conferees agree to include a provision that would
designate the short title of the title as the Energy Employees
Occupational Illness Compensation Act of 2000.
Findings; sense of Congress (sec. 3602)
The conferees agree to include a provision that would
establish several findings and express the sense of Congress
regarding personnel of the Department of Energy and its
contractors and vendors who have sustained illnesses due
toexposure to radiation, beryllium, and silica as a result of their
employment with DOE.

Subtitle A--Establishment of Compensation Program and Compensation Fund

Establishment of Energy Employees Occupational Illness Compensation
Program (sec. 3611)
The conferees agree to include a provision that would
establish the Energy Employees Occupational Illness
Compensation Program. The program would provide timely,
uniform, and adequate compensation to certain DOE, DOE
contractor, and DOE vendor employees who were injured from
exposure to radiation, beryllium, or silica while working in
DOE nuclear weapons-related programs and, where applicable,
their survivors.
Establishment of Energy Employees Occupational Illness Compensation
Fund (sec. 3612)
The conferees agree to include a provision that would
establish the Energy Employees Occupational Illness
Compensation Fund. The provision would also require the
Secretary of the Treasury to transfer to the Fund from the
general fund of the Treasury the amounts necessary to pay
compensation under this title once amounts appropriated for the
Fund have been exhausted. Such payments would be considered as
mandatory funding without requiring any additional
authorization or appropriation. The provision would further
require that no administrative costs for carrying out the
program be paid out of the Fund.
Legislative proposal (sec. 3613)
The conferees agree to include a provision that would
require the President to submit, not later than March 15, 2001,
a legislative proposal to implement the compensation program
under this title. The proposal would include, at a minimum, the
following elements: (1) the types of compensation to be
provided to covered employees; (2) any adjustments or
modifications necessary to administer the program; (3) whether
to expand the program to include other illnesses associated
with exposure to toxic substances; and (4) whether to expand
the special exposure cohort to include new classes of
employees.
Authorization of appropriations (sec. 3614)
The conferees agree to include a provision that would
authorize $25.0 million for the purposes of carrying out the
administrative requirements of this title and $250.0 million
for the Energy Employees Occupational Illness Compensation
Fund.

Subtitle B--Program Administration

Definitions for program administration (sec. 3621)
The conferees agree to include a provision that would
define the terms and criteria used in this title.
Expansion of list of beryllium vendors (sec. 3622)
The conferees agree to include a provision that would
authorize the President, in consultation with the Secretary of
Energy, to designate additional beryllium vendors. Such
designations would be required to be made not later than
December 31, 2002.
Exposure in the performance of duty (sec. 3623)
The conferees agree to include a provision that would
specify the criteria for determining whether a covered
beryllium employee or a covered employee with cancer was
exposed in the performance of duty.
The conferees prohibit the designation of the Department
of Energy as the lead agency for establishing regulations for
dose reconstruction under this provision. The conferees expect
the Secretary to provide information in the possession of DOE
and its contractors related to radiation exposures, but direct
the President to select another agency to establish regulations
required by this provision.
Advisory Board on Radiation and Worker Health (sec. 3624)
The conferees agree to include a provision that would
establish the Advisory Board on Radiation and Worker Health.
The President would appoint members of the Board in
consultation with organizations with expertise on worker health
issues. The Board would advise the President on matters
relating to this title, including dose reconstruction and
eligibility guidelines for radiation compensation.
Responsibilities of Secretary of Health and Human Services (sec. 3625)
The conferees agree to include a provision that would
require the Secretary of Health and Human Services to carry out
the Secretary's responsibilities under this title with
theassistance of the National Institute of Occupational Safety and
Health.
Designation of additional members of Special Exposure Cohort (sec.
3626)
The conferees agree to include a provision that would
establish a process by which the President, upon recommendation
of the Advisory Board on Radiation and Worker Health, could
designate additional classes of employees at DOE facilities as
members of the special exposure cohort 180 days after the
President submits a report to Congress that would identify the
class and criteria that have been used to justify their
inclusion in the cohort. A class of employees would be
permitted to be added if the President determines that: (1) it
is not feasible to estimate with sufficient accuracy the
radiation dose that the class received; and (2) there is a
reasonable likelihood that the radiation dose may have
endangered the health of members of the class.
Separate treatment of chronic silicosis (sec. 3627)
The conferees agree to include a provision that would
express the sense of Congress that further determination by the
President is appropriate before employees who were exposed to
silica are included in a comprehensive compensation program.
The provision would include DOE employees who are diagnosed
with silicosis in the program unless the President submits a
certification to Congress within 180 days after the enactment
of this Act that there is an insufficient basis to include such
employees in the program. An employee would be included in the
program only if the employee worked at a covered DOE facility
for an aggregate of 250 work days.
Compensation and benefits to be provided (sec. 3628)
The conferees agree to include a provision that would
establish an entitlement for compensation for covered
employees, or the survivor of a covered employee if the
employee is deceased, consisting of a $150,000 lump sum
payment. In addition, the provision would establish, for a
covered employee, an entitlement for reimbursement of
prospective medical expenses related to a covered illness.
Employees with beryllium sensitivity would receive medical
monitoring only. All such compensation would be paid from the
Energy Employees Occupational Illness Compensation Fund. The
effective date of this provision would be July 31, 2001, unless
the Congress provides otherwise in an Act enacted before that
date.
Medical benefits (sec. 3629)
The conferees agree to include a provision that would
define those medical services, appliances, supplies, and other
related benefits to be provided.
Separate treatment of certain uranium employees (sec. 3630)
The conferees agree to include a provision that would
establish an additional entitlement for certain uranium miners,
millers, and transporters, or the survivor of any such employee
if the employee is deceased, who receives, or has received,
payment of a claim under the Radiation Exposure Compensation
Act (42 U.S.C. 2210 note). The additional payment would consist
of: (1) a $50,000 lump sum payment; and (2) reimbursement of
prospective medical expenses related to the covered illness.
All such compensation would be paid from the Energy Employees
Occupational Illness Compensation Fund. The effective date of
this provision would be July 31, 2001, unless the Congress
provides otherwise in an Act enacted before that date. The
provision would further require the President to establish
procedures to identify and notify each eligible individual
under this section.
Assistance for claimants and potential claimants (sec. 3631)
The conferees agree to include a provision that would
require the President to provide to all claimants under this
title the following: (1) assistance in securing medical testing
and diagnostic services for covered illnesses; and (2)
assistance in preparing claims. The President would also be
required to take appropriate action to inform potential
claimants of the availability of compensation under this title.

Subtitle C--Treatment, Coordination, and Forfeiture of Compensation and
Benefits

Offset for certain payments (sec. 3641)
The conferees agree to include a provision that would
require any payment of compensation under this title to be
offset by the amount of any other award or settlement of a
claim, other than workers' compensation, that is based on the
same injury.
Subrogation of the United States (sec. 3642)
The conferees agree to include a provision that would
subrogate any payment of compensation under this title to a
right or claim of the covered employee against any other party
for the same injury.
Payment in full settlement of claims (sec. 3643)
The conferees agree to include a provision that would
specify that acceptance of payment under this title would be in
full settlement of all claims against the United States, a DOE
contractor or subcontractor, beryllium vendor, or atomic
weapons employer for the covered illness.
Exclusivity of remedy against the United States and against contractors
and subcontractors (sec. 3644)
The conferees agree to include a provision that would
specify the liabilities of the United States for future claims
related to covered illnesses.
Election of remedy for beryllium employees and atomic weapons employees
(sec. 3645)
The conferees agree to include a provision that would
allow covered beryllium and atomic weapons employees to elect a
remedy for a covered illness. A covered employee could elect to
file suit or to file a claim under this provision, if the
election is made not later than the later of: (1) the date that
is 30 months after the date of enactment of this Act; or (2) 30
months after the date the employee first becomes aware of an
illness that may have been sustained in the performance of
duty. The provision would provide that any currently filed tort
case must be dismissed by December 31, 2003, in order for an
individual to be eligible for compensation under this title.
Certification of treatment of payments under other laws (sec. 3646)
The conferees agree to include a provision that would
specify that compensation or benefits provided to an individual
under the compensation program would be tax exempt and would
not affect the eligibility of that individual for federal
assistance programs.
Claims not assignable or transferrable; choice of remedies (sec. 3647)
The conferees agree to include a provision that would
specify that claims under the compensation program are not
assignable or transferable. The provision would also specify
that no individual may receive more than one payment of
compensation under the program. This would not preclude payment
of both lump sum and medical benefits to a covered individual.
Attorney fees (sec. 3648)
The conferees agree to include a provision that would
limit the payment of fees to an attorney of a claimant to two
percent for filing of an initial claim.
Certain claims not affected by awards of damages (sec. 3649)
The conferees agree to include a provision that would
ensure that a payment under the compensation program shall not
be considered as any form of compensation or reimbursement for
a loss for purposes of imposing liability on any individual
receiving such payment, on the basis of such receipt, to repay
any insurance carrier for insurance payments, or to repay any
person on account of workers' compensation payments. A payment
under the compensation program shall not affect any claim
against an insurance carrier with respect to insurance or
against any person with respect to worker's compensation.
Forfeiture of benefits by convicted felons (sec. 3650)
The conferees agree to include a provision that would
require forfeiture of entitlement to any compensation or
benefit under the compensation program by any individual
convicted of a violation of section 1920 of title 18, United
States Code, or any other federal or state criminal statute
relating to fraud in the application for or receipt of any
benefit under this program or any federal or state workers'
compensation law.
Coordination with other Federal radiation compensation laws (sec. 3651)
The conferees agree to include a provision that would
prevent an individual from receiving compensation or benefits
under the compensation program for cancer and also receive
compensation under the Radiation Exposure Compensation Act
(section 2210 of title 42, United States Code) or section
1112(c) of title 38, United States Code, except as provided in
this title.

Subtitle D--Assistance in State Workers' Compensation Proceedings

Agreements with States (sec. 3661)
The conferees agree to include a provision that would
authorize the Secretary of Energy to enter into agreements with
states to assist DOE contractor employees in filing a claim
under the appropriate state workers' compensation system for
illnesses related to exposure to other toxic chemicals. The
provision would also establish procedures for such DOE
assistance.
The Secretary of Energy would review and submit
applications to an independent physician panel appointed by the
Secretary of Health and Human Services. The panel would
determine whether the illness or death that is the subject of
the application arose as a result of exposure to a toxic
substance at a DOE facility. The Secretary would be required to
accept the panel's determination in the absence of significant
evidence to the contrary. If the Secretary makes a positive
determination, the Secretary would be required to assist the
applicant in filing a claim under the appropriate state
workers' compensation system. The Secretary would not contest
the claim and would direct any relevant contractor not to
contest the claim. The contractor's cost of fighting the claim
would not be an allowable cost under a DOE contract.
Not later than February 1, 2002, the Comptroller General
would be required to submit a report to Congress that would
evaluate the Department's implementation of this provision and
effectiveness in achieving compensation for employees with
occupational illnesses.
From the Committee on Armed Services, for consideration
of the House bill and the Senate amendment, and
modifications committed to conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
James M. Talent,
Terry Everett,
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
J.C. Watts, Jr.,
Mac Thornberry,
John N. Hostettler,
Saxby Chambliss,
Ike Skelton,
Norman Sisisky,
John Spratt,
Solomon P. Ortiz,
Owen B. Pickett,
Lane Evans,
Gene Taylor,
Neil Abercrombie,
Martin T. Meehan,
Robert A. Underwood,
Thomas Allen,
Vic Snyder,
James H. Maloney,
Mike McIntyre,
Ellen O. Tauscher,
Mike Thompson,
Provided that Mr. Kuykendall is appointed in lieu of
Mr. Kasich for consideration of section 2863 of the
House bill, and section 2862 of the Senate amendment,
and modifications committed to conference:
Steven T. Kuykendall,
From the Permanent Select Committee on Intelligence,
for consideration of matters within the jurisdiction of
that committee under clause 11 of rule X:
Porter J. Goss,
Jerry Lewis,
Julian C. Dixon,
From the Committee on Commerce, for consideration of
sections 601, 725, and 1501 of the House bill, and
sections 342, 601, 618, 701, 1073, 1402, 2812, 3131,
3133, 3134, 3138, 3152, 3154, 3155, 3167-3169, 3171,
3201, and 3301-3303 of the Senate amendment, and
modifications committed to conference:
Tom Bliley,
Joe Barton,
John D. Dingell,
Provided that Mr. Bilirakis is appointed in lieu of Mr.
Barton of Texas for consideration of sections 601 and
725 of the House bill, and sections 601, 618, 701, and
1073 of the Senate amendment, and modifications
committed to conference:
Mike Bilirakis,
Provided that Mr. Oxley is appointed in lieu of Mr.
Barton of Texas for consideration of section 1501 of
the House bill, and sections 342 and 2812 of the Senate
amendment, and modifications committed to conference:
Michael G. Oxley,
From the Committee on Education and the Workforce, for
consideration of sections 341, 342, 504, and 1106 of
the House bill, and sections 311, 379, 553, 669, 1053,
and title XXXV of the Senate amendment, and
modifications committed to conference:
Bill Goodling,
Van Hilleary,
Patsy T. Mink,
From the Committee on Government Reform, for
consideration of sections 518, 651, 801, 906, 1101-
1104, 1106, 1107, and 3137 of the House bill, and
sections 643, 651, 801, 806, 810, 814-816, 1010A, 1044,
1045, 1057, 1063, 1069, 1073, 1101, 1102, 1104, and
1106-1118, title XIV, and sections 2871, 2881, 3155,
and 3171 of the Senate amendment, and modifications
committed to conference:
Dan Burton,
Joe Scarborough,
Henry A. Waxman,
Provided that Mr. Horn is appointed in lieu of Mr.
Scarborough for consideration of section 801 of the
House bill, and sections 801, 806, 810, 814-816, 1010A,
1044, 1045, 1057, 1063, and 1101, title XIV, and
sections 2871 and 2881 of the Senate amendment, and
modifications committed to conference:
Stephen Horn,
Provided that Mr. McHugh is appointed in lieu of Mr.
Scarborough for consideration of section 1073 of the
Senate amendment, and modifications committed to
conference:
John M. McHugh,
From the Committee on House Administration, for
consideration of sections 561-563 of the Senate
amendment, and modifications committed to conference:
William M. Thomas,
John Boehner,
Steny H. Hoyer,
From the Committee on International Relations, for
consideration of sections 1201, 1205, 1209, and 1210,
title XIII, and section 3136 of the House bill, and
sections, 1011, 1201-1203, 1206, 1208, 1209, 1212,
1214, 3178, and 3198 of the Senate amendment, and
modifications committed to conference:
Bill Goodling,
From the Committee on the Judiciary, for consideration
of sections 543 and 906 of the House bill, and sections
506, 645, 663, 668, 909, 1068, and 1106, title XV, and
title XXXV of the Senate amendment, and modifications
committed to conference:
Henry Hyde,
Charles T. Canady,
From the Committee on Resources, for consideration of
sections 312, 601, 1501, 2853, 2883, and 3402 of the
House bill, and sections 601 and 1059, title XIII, and
sections 2871, 2893, and 3303 of the Senate amendment,
and modifications committed to conference:
Dan Young,
Billy Tauzin,
From the Committee on Transportation and
Infrastructure, for consideration of sections 601,
2839, and 2881 of the House bill, and sections 502,
601, and 1072 of the Senate amendment, and
modifications committed to conference:
Bud Shuster,
Wayne T. Gilchrest,
Brian Baird,
Provided that Mr. Pascrell is appointed in lieu of Mr.
Baird for consideration of section 1072 of the Senate
amendment, and modifications committed to conference:
Bill Pascrell, Jr.,
From the Committee on Veterans' Affairs, for
consideration of sections 535, 738, and 2831 of the
House bill, and sections 561-563, 648, 664-666, 671,
672, 682-684, 721, 722, and 1067 of the Senate
amendment, and modifications committed to conference:
Michael Bilirakis,
Jack Quinn,
Corrine Brown,
From the Committee on Ways and Means, for consideration
of section 725 of the House bill, and section 701 of
the Senate amendment, and modifications committed to
conference:
William M. Thomas,
Managers on the Part of the House.

John W. Warner,
Strom Thurmond,
John McCain,
Bob Smith,
James Inhofe,
Rick Santorum,
Olympia J. Snowe,
Pat Roberts,
Wayne Allard,
Tim Hutchinson,
Jeff Sessions,
Carl Levin,
Edward Kennedy,
Jeff Bingaman,
Robert C. Byrd,
Chuck Robb,
Joe Lieberman,
Max Cleland,
Mary L. Landrieu,
Jack Reed,
Managers on the Part of the Senate.