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 par