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.
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.
(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:
(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-USS 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
(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.
`2541c. Transferability, additional limitations, and definition.
`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:
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--
(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.
`(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 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); 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
(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';
(B) by inserting after the item relating to section 3520 the following:
`SUBCHAPTER II--INFORMATION SECURITY
`Sec.
`3533. Authority and functions of the Director.
`3534. Federal agency responsibilities.
`3535. Annual independent evaluation.
(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:
`(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
(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:
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:
(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';
(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';
(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'.
(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.
`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
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.
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:
`(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';
(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--
`(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--
`(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
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.
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 (including leased 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.
(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.
(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.
(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.
Sec. 1402. Duties of commission.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1409. Termination of the commission.
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.
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.
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.
(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).
(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.
(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:
(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 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 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 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.
(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
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.
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
(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
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.
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.
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.
`(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.
`(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.
(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.
(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. 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. 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. 1817. Authorization of appropriations.
Sec. 1818. Effective date.
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'.
(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.'.
(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:
`(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:
`(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.
`(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--
(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)';
(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)';
(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:
`(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.
`(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)(II) 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.
`(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
(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--
(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.
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.
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
--------------------------------------------------------
State Installation or 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 Facility $32,000,000
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 Terminal $2,300,000
Ohio Columbus $1,832,000
Pennsylvania Carlisle Barracks $10,500,000
New Cumberland Army Depot $3,700,000
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
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(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
-------------------------------------------------------
Country Installation or location Amount
-------------------------------------------------------
Germany Area Support Group, Bamberg $11,650,000
Area Support Group, Darmstadt $11,300,000
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
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(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
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(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--
(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.
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.
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
------------------------------------------------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------------------------------------------------
Arizona Marine Corps Air Station, Yuma $8,200,000
Navy Detachment, Camp Navajo $2,940,000
California Marine Corps Air-Ground Combat Center, Twentynine Palms $23,870,000
Marine Corps Air Station, Miramar $13,740,000
Marine Corps Base, Camp Pendleton $8,100,000
Marine Corps Logistics Base, Barstow $6,660,000
Naval Air Station, Lemoore $12,050,000
Naval Air Warfare Center Weapons Division, Point Mugu $11,400,000
Naval Aviation Depot, North Island $4,340,000
Naval Facility, San Clemente Island $8,860,000
Naval Postgraduate School, Monterey $5,280,000
Naval Ship Weapons Systems Engineering Station, Port Hueneme $10,200,000
Naval Station, San Diego $53,200,000
Connecticut Naval Submarine Base, New London $3,100,000
CONUS Various CONUS Various $11,500,000
District of Columbia Marine Corps Barracks $24,597,000
Naval District, Washington $2,450,000
Naval Research Laboratory, Washington $12,390,000
Florida Naval Air Station, Whiting Field $5,130,000
Naval Surface Warfare Center Wastal Systems Station, Panama City $9,960,000
Naval Station, Mayport $6,830,000
Naval Surface Warfare Center Detachment, Ft. Lauderdale $3,570,000
Georgia Marine Corps Logistics Base, Albany $1,100,000
Navy Supply Corps School, Athens $2,950,000
Trident Refit Facility, Kings Bay $5,200,000
Hawaii Fleet Industrial Supply Center, Pearl Harbor $12,000,000
Naval Undersea Weapons Station Detachment, Lualualei $2,100,000
Marine Corps Air Station, Kaneohe $18,400,000
Naval Station, Pearl Harbor $37,600,000
Illinois Naval Training Center, Great Lakes $121,400,000
Maine Naval Air Station, Brunswick $2,450,000
Naval Shipyard, Portsmouth $4,960,000
Maryland Naval Explosive Ordinance Disposal Technology Center, Indian Head $6,430,000
Naval Air Station, Patuxent River $8,240,000
Mississippi Naval Air Station, Meridian $4,700,000
Naval Oceanographic Office, Stennis Space Center $6,950,000
Nevada Naval Air Station, Fallon $6,280,000
New Jersey Naval Weapons Station, Earle $2,420,000
North Carolina Marine Corps Air Station, Cherry Point $8,480,000
Marine Corps Air Station, New River $3,400,000
Marine Corps Base, Camp Lejeune $45,870,000
Naval Aviation Depot, Cherry Point $7,540,000
Pennsylvania Naval Surface Warfare Center Shipyard Systems Engineering Station, Philadelphia $10,680,000
Rhode Island Naval Undersea Warfare Center Division, Newport $4,150,000
South Carolina Marine Corps Air Station, Beaufort $3,140,000
Marine Corps Recruit Depot, Parris Island $2,660,000
Texas Naval Air Station, Corpus Christi $4,850,000
Naval Air Station, Kingsville $2,670,000
Naval Station, Ingleside $2,420,000
Virginia AEGIS Combat Systems Center, Wallops Island $3,300,000
Marine Corps Combat Development Command, Quantico $8,590,000
Naval Air Station, Norfolk $31,450,000
Naval Air Station, Oceana $5,250,000
Naval Amphibious Base, Little Creek $2,830,000
Naval Shipyard, Norfolk, Portsmouth $16,100,000
Naval Station, Norfolk $4,700,000
Naval Surface Warfare Center, Dahlgren $30,700,000
Washington Naval Shipyard, Bremerton, Puget Sound $100,740,000
Naval Station, Bremerton $11,930,000
Naval Station, Everett $5,500,000
Naval Submarine Base, Bangor $4,600,000
Strategic Weapons Facility Pacific, Bremerton $1,400,000
Total: $811,497,000
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(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
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Country Installation or location Amount
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Bahrain Administrative Support Unit $19,400,000
Italy Naval Air Station, Sigonella $32,969,000
Naval Support Activity, Naples $15,000,000
Various Locations Host Nation Infrastructure Support $142,000
Total: $67,511,000
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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
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State Installation or location Purpose Amount
-------------------------------------------------------------------------------------------
California Marine Corps Air-Ground Combat Center, Twentynine Palms 79 Units $13,923,000
Naval Air Station, Lemoore 260 Units $47,871,000
Hawaii Commander Naval Base, Pearl Harbor 112 Units $23,654,000
Commander Naval Base, Pearl Harbor 62 Units $14,237,000
Commander Naval Base, Pearl Harbor 98 Units $22,230,000
Marine Corps Air Station, Kaneohe Bay 84 Units $21,910,000
Louisiana Naval Air Station, New Orleans 34 Units $5,000,000
Maine Naval Air Station, Brunswick 168 Units $18,722,000
Mississippi Naval Construction Battalion Center, Gulfport 157 Units $20,700,000
Washington Naval Air Station, Whidbey Island 98 Units $16,873,000
Total: $205,120,000
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(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.
(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 Navy in the total amount of $2,227,995,000, as follows:
(1) For military construction projects inside the United States authorized by section 2201(a), $750,257,000.
(2) For military construction projects outside the United States authorized by section 2201(b), $67,511,000.
(3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $11,659,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $73,335,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $418,155,000.
(B) For support of military housing (including functions described in section 2833 of title 10, United States Code), $882,638,000.
(6) For construction of a berthing wharf at Naval Air Station, North Island, California, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 828), $12,800,000.
(7) For construction of the Commander-in-Chief Headquarters, Pacific Command, Camp H.M. Smith, Hawaii, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2000, $35,600,000.
(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 variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a);
(2) $17,500,000 (the balance of the amount authorized under section 2201(a) for repair of a pier at Naval Station, San Diego, California);
(3) $24,460,000 (the balance of the amount authorized under section 2201(a) for replacement of a pier at Naval Shipyard, Bremerton, Puget Sound, Washington); and
(4) $10,280,000 (the balance of the amount authorized under section 2201(a) for construction of an industrial skills center at Naval Shipyard, Bremerton, Puget Sound, Washington).
(c) ADJUSTMENTS- The total amount authorized to be appropriated pursuant to paragraphs (1) through (7) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by--
(1) $2,889,000, which represents the combination of savings resulting from adjustments to foreign currency exchange rates for military construction outside the United States;
(2) $20,000,000, which represents the combination of project savings in military construction resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes; and
(3) $1,071,000, which represents the combination of savings resulting from adjustments to foreign currency exchange rates for military family housing support outside the United States.
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.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, 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
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State Installation or location Amount
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Alabama Maxwell Air Force Base $3,825,000
Alaska Cape Romanzof $3,900,000
Eielson Air Force Base $40,990,000
Elmendorf Air Force Base $35,186,000
Arizona Davis-Monthan Air Force Base $7,900,000
Arkansas Little Rock Air Force Base $18,319,000
California Beale Air Force Base $10,099,000
Los Angeles Air Force Base $6,580,000
Vandenberg Air Force Base $4,650,000
Colorado Buckley Air National Guard Base $2,750,000
Peterson Air Force Base $22,396,000
Schriever Air Force Base $8,450,000
United States Air Force Academy $18,960,000
CONUS Classified Classified Location $1,810,000
District of Columbia Bolling Air Force Base $4,520,000
Florida Eglin Air Force Base $8,940,000
Eglin Auxiliary Field 9 $7,960,000
Patrick Air Force Base $12,970,000
Tyndall Air Force Base $31,495,000
Georgia Fort Stewart/Hunter Army Air Field $4,920,000
Moody Air Force Base $11,318,000
Robins Air Force Base $15,857,000
Hawaii Hickam Air Force Base $4,620,000
Idaho Mountain Home Air Force Base $10,125,000
Illinois Scott Air Force Base $3,830,000
Kansas McConnell Air Force Base $11,864,000
Louisiana Barksdale Air Force Base $20,464,000
Massachusetts Hanscom Air Force Base $12,000,000
Mississippi Columbus Air Force Base $4,828,000
Keesler Air Force Base $15,040,000
Missouri Whiteman Air Force Base $12,050,000
Montana Malmstrom Air Force Base $11,179,000
New Jersey McGuire Air Force Base $29,772,000
New Mexico Cannon Air Force Base $4,934,000
Holloman Air Force Base $18,380,000
Kirtland Air Force Base $7,350,000
North Carolina Pope Air Force Base $24,570,000
Seymour Johnson Air Force Base $7,141,000
Ohio Wright-Patterson Air Force Base $37,508,000
Oklahoma Altus Air Force Base $2,939,000
Tinker Air Force Base $26,895,000
Vance Air Force Base $10,504,000
South Carolina Charleston Air Force Base $22,238,000
Shaw Air Force Base $8,102,000
South Dakota Ellsworth Air Force Base $10,290,000
Texas Dyess Air Force Base $24,988,000
Lackland Air Force Base $10,330,000
Laughlin Air Force Base $11,973,000
Sheppard Air Force Base $6,450,000
Utah Hill Air Force Base $28,050,000
Virginia Langley Air Force Base $19,650,000
Washington Fairchild Air Force Base $7,926,000
McChord Air Force Base $10,250,000
Wyoming F.E. Warren Air Force Base $25,720,000
Total: $745,755,000
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(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
--------------------------------------------------
Country Installation or 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
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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 Base 119 Units $10,598,000
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
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(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.
(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 Air Force in the total amount of $1,943,069,000, as follows:
(1) For military construction projects inside the United States authorized by section 2301(a), $736,355,000.
(2) For military construction projects outside the United States authorized by section 2301(b), $47,875,000.
(3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $11,350,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $74,628,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $258,821,000.
(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $826,271,000.
(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 variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a); and
(2) $9,400,000 (the balance of the amount authorized under section 2301(a) for the construction of an air freight terminal and base supply complex at McGuire Air Force Base, New Jersey).
(c) ADJUSTMENT- The total amount authorized to be appropriated pursuant to paragraphs (1) through (5) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $12,231,000, 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.
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.
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
--------------------------------------------------------------------------------------------------------------
Agency Installation or location Amount
--------------------------------------------------------------------------------------------------------------
Chemical Demilitarization Aberdeen Proving Ground $3,100,000
Defense Education Activity Camp Lejeune, North Carolina $5,914,000
Laurel Bay, South Carolina $804,000
Defense Logistics Agency Defense Distribution Depot Susquehanna, New Cumberland, Pennsylvania $17,700,000
Defense Fuel Support Point, Cherry Point, North Carolina $5,700,000
Defense Fuel Support Point, MacDill Air Force Base, Florida $16,956,000
Defense Fuel Support Point, McConnell Air Force Base, Kansas $11,000,000
Defense Fuel Support Point, Naval Air Station, Fallon, Nevada $5,000,000
Defense Fuel Support Point, North Island, California $5,900,000
Defense Fuel Support Point, Oceana Naval Air Station, Virginia $2,000,000
Defense Fuel Support Point, Patuxent River, Maryland $8,300,000
Defense Fuel Support Point, Twentynine Palms, California $2,200,000
Defense Supply Center, Richmond, Virginia $4,500,000
National Security Agency Fort Meade, Maryland $4,228,000
Special Operations Command Eglin Auxiliary Field 9, Florida $23,204,000
Fleet Combat Training Center, Dam Neck, Virginia $5,500,000
Fort Bragg, North Carolina $8,600,000
Fort Campbell, Kentucky $16,300,000
Naval Air Station, North Island, California $1,350,000
Naval Air Station, Oceana, Virginia $3,400,000
Naval Amphibious Base, Coronado, California $4,300,000
Naval Amphibious Base, Little Creek, Virginia $5,400,000
Pearl Harbor, Hawaii $9,900,000
TRICARE Management Activity Edwards Air Force Base, California $17,900,000