[Congressional Record Volume 146, Number 74 (Wednesday, June 14, 2000)]
[Senate]
[Pages S5071-S5083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001--Continued
Amendments Nos. 3382 through 3424, En Bloc
Mr. WARNER. Mr. President, I send a series of amendments to the desk
en bloc, and I ask for their immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Virginia [Mr. Warner] proposes amendments
numbered 3382 through 3424, en bloc.
Mr. WARNER. Mr. President, I ask unanimous consent that reading of
the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. Mr. President, I ask unanimous consent that the
amendments be agreed to en bloc, that the motions to reconsider be laid
upon the table and, finally, that any statements relating to any of
these individual amendments be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered. The
amendments (Nos. 3382 through 3424), were agreed to en bloc as follows:
AMENDMENT NO. 3382
(Purpose: To clarify the duties of the Chief of Naval Research as the
Navy's manager of research funds)
On page 353, between lines 15 and 16, insert the following:
SEC. 914. MANAGEMENT OF NAVY RESEARCH FUNDS BY CHIEF OF NAVAL
RESEARCH.
(a) Clarification of Duties.--Section 5022 of title 10,
United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by inserting after paragraph (1) of subsection (a) the
following:
``(b)(1) The Chief of Naval Research is the head of the
Office of Naval Research.''; and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Chief as Manager of Research Funds.--The Chief of
Naval Research shall manage the Navy's basic, applied, and
advanced research funds to foster transition from science and
technology to higher levels of research, development, test,
and evaluation.''.
(b) Conforming Amendment.--Subsection (a) of such section
is amended by striking ``(a)(1)'' and inserting ``(a)''.
____
AMENDMENT NO. 3383
(Purpose; To provide, with an offset, $5,000,000 for research,
development, test, and evaluation Defense-wide for the Strategic
Environmental Research and Development Program (PE603716D) for
technologies for the detection and transport of pollutants resulting
from live-fire activities)
On page 48, between lines 20 and 21, insert the following:
SEC. 222. TECHNOLOGIES FOR DETECTION AND TRANSPORT OF
POLLUTANTS ATTRIBUTABLE TO LIVE-FIRE
ACTIVITIES.
(a) Increase in Amount.--The amount authorized to be
appropriated by section 201(4) for research, development,
test, and evaluation Defense-wide is hereby increased by
$5,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(4), as increased by subsection
(a), the amount available for the Strategic Environmental
Research and Development Program (PE6034716D) is hereby
increased by $5,000,000, with the amount of such increase
available for the development and test of technologies to
detect, analyze, and map the presence of, and transport of,
pollutants and contaminants at sites undergoing the detection
and remediation of constituents attributable to live-fire
activities in a variety of hydrogeological scenarios.
(c) Additional Requirement.--Performance measures shall be
established for the technologies described in subsection (b)
for purposes of facilitating the implementation and
utilization of such technologies by the Department of
Defense.
(d) Offset.--The amount authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation for the Army is hereby decreased by $5,000,000,
with the amount of such decrease applied to Combat Vehicle
and Automotive Advanced Technology (PE603005A).
____
amendment no. 3384
(Purpose: To increase by $45,000,000 the amount authorized to be
appropriated for environmental restoration of formerly used defense
sites and reduce defense-wide operations and maintenance accounts by
$45,000,000 for mobility enhancements)
On page 55, strike lines 13 and 14, and insert the
following:
(18) For Environmental Restoration, Formerly Used Defense
Sites, $231,499,000.
On page 54, line 16, strike ``$11,973,569,000'' and insert
``$11,928,569,000''.
____
amendment no. 3385
(Purpose: To set aside for weatherproofing of facilities at Keesler Air
Force Base, Mississippi, $2,800,000 of the amount authorized to be
appropriated for the Air Force for operation and maintenance)
On page 58, between lines 7 and 8, insert the following:
SEC. 313. WEATHERPROOFING OF FACILITIES AT KEESLER AIR FORCE
BASE, MISSISSIPPI.
Of the total amount authorized to be appropriated by
section 301(4), $2,800,000 is available for the
weatherproofing of facilities at Keesler Air Force Base,
Mississippi.
____
amendment no. 3386
(Purpose: To remove the inclusion of housing in the determining of
income eligibility for WIC support for members of the Armed Forces
overseas)
On page 239, after line 22, insert the following:
SEC. 656. DETERMINATIONS OF INCOME ELIGIBILITY FOR SPECIAL
SUPPLEMENTAL FOOD PROGRAM.
Section 1060a(c)(1)(B) of title 10, United States Code, is
amended by striking the second sentence and inserting the
following: ``In the application of such criterion, the
Secretary shall exclude from income any basic allowance for
housing as permitted under section 17(d)(2)(B) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)).''.
Mr. HARKIN. Mr. President, I am offering a bipartisan amendment with
my distinguished colleagues, Mr. Lugar and Mr. Leahy. This amendment
would simply change the rules on eligibility of overseas troops for the
supplemental nutrition program to be the same as the rules for troops
in the United States. It corrects an inequity that would otherwise harm
thousands of our troops overseas.
We have had much discussion of the disgrace that some of our men and
women in uniform, who are risking their lives to serve our nation, have
to rely on welfare to feed their families. Thousands of our troops are
eligible for food stamps and WIC, the supplemental nutrition program.
This is an outrage, and I will continue to work to increase the pay of
our enlisted men and women, the real solution to this problem.
But it is even more outrageous that some of our troops who need this
assistance cannot get it, just because of where they are stationed. WIC
is administered by the States. Since our troops overseas are not in a
State, in the past they have not received any
[[Page S5072]]
support from WIC. When they are stationed here, they can get the food
they need to feed their families; they get transferred overseas, and
suddenly they are ineligible, and the assistance on which they have
come to rely disappears. No wonder it's so hard to convince them to
sign up for another tour.
Last year this body passed an amendment I proposed to end this
unfairness by having the Defense Department provide WIC assistance to
troops overseas. The amendment simply required the Defense Department
to set up a WIC program similar to those run by the states that would
serve Department personnel who are overseas. The Department is
proceeding to implement that program. In fact the Department is
uniquely situated to efficiently run such a program because of the
network of medical treatment facilities and commissaries that is
already in place. But in conference a significant change was made to
the provision. A sentence was added that requires the Department to
include the value of on-base housing in calculating income to determine
eligibility for the program. That one sentence knocked more than half
of those who should be eligible from the program.
It also failed to correct the fundamental unfairness. The regulations
governing WIC specifically prohibit states from counting in-kind
housing and other in-kind assistance in appplicants' income when
determining eligibility. They bar states from doing what we required
the Pentagon to do. That makes no sense. It means that people who were
receiving food stamps in the U.S. still may be kicked out of the
program when their period of eligibility is up, even though their
income and expenses have not changed, just because they were
transferred out of the country. And when my staff talked with the
Defense Department officials who are setting up the program, they
agreed that the rules should be changed so that eligibility overseas
would match eligibility in the U.S.
So this amendment strikes the one sentence, leaving the overall
principle that the Secretary of Defense should seek to apply the
eligibility rules in the regulations governing state implementation of
WIC.
Those regulations leave one ambiguity, however. I have talked about
in-kind housing, that is housing on military bases. Troops who live
off-base instead receive a basic housing allowance to help them pay for
their own housing. As directed in the Child Nutrition Act of 1966, the
rules on WIC state that states have the choice in determining income
eligibility of whether to count the basic housing allowance received by
military personnel living off the base. I understand that as of 1994,
the last time states were surveyed, not one of the fifty states had
chosen to include the housing in income. That only makes sense. It
would be patently unfair to let troops living on-base receive support,
but withhold it from troops living off-base whose real income is no
higher. In fact the troops off-base usually have higher expenses
because the housing allowance usually does not fully cover their
housing expense.
So this amendment directs the Secretary of Defense to follow the
current practice of the states in excluding the basic allowance for
housing when determining income eligibility. Thus it would allow the
Secretary to restore full fairness by treating troops overseas the same
as troops at home, and troops who live on-base the same as troops who
live off-base. And most importantly it would allow thousands of troops
to receive the food they need to keep their families healthy.
I thank my colleagues on both sides of the aisle for their favorable
consideration and am glad that this correction has been accepted as a
manager's amendment.
AMENDMENT NO. 3387
(Purpose: To improve access to health care under the TRICARE program by
prohibiting a requirement for statements of nonavailability or
preauthorization for certain services under that program)
On page 251, between lines 6 and 7, insert the following:
SEC. 714. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE
TRICARE PROGRAM.
(a) Waiver of Nonavailability Statement or
Preauthorization.--In the case of a covered beneficiary under
chapter 55 of title 10, United States Code, who is enrolled
in TRICARE Standard, the Secretary of Defense may not require
with regard to authorized health care services (other than
mental health services) under any new contract for the
provision of health care services under such chapter that the
beneficiary--
(1) obtain a nonavailability statement or preauthorization
from a military medical treatment facility in order to
receive the services from a civilian provider; or
(2) obtain a nonavailability statement for care in
specialized treatment facilities outside the 200-mile radius
of a military medical treatment facility.
(b) Notice.--The Secretary may require that the covered
beneficiary inform the primary care manager of the
beneficiary of any health care received from a civilian
provider or in a specialized treatment facility.
(c) Exceptions.--Subsection (a) shall not apply if--
(1) the Secretary demonstrates significant cost avoidance
for specific procedures at the affected military medical
treatment facilities;
(2) the Secretary determines that a specific procedure must
be maintained at the affected military medical treatment
facility to ensure the proficiency levels of the
practitioners at the facility; or
(3) the lack of nonavailability statement data would
significantly interfere with TRICARE contract administration.
(d) Effective Date.--This section shall take effect on
October 1, 2001.
____
AMENDMENT NO. 3388
(Purpose: To modify the time for use by members of the Selected Reserve
of entitlement to certain educational assistance)
On page 239, following line 22, add the following:
SEC. 656. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF
THE SELECTED RESERVE OF ENTITLEMENT TO
EDUCATIONAL ASSISTANCE.
(a) In General.--Subsection (a) of section 16133 of title
10, United States Code, is amended by striking ``(1) at the
end'' and all that follows through the end and inserting ``on
the date the person is separated from the Selected
Reserve.''.
(b) Certain Members.--Paragraph (1) of subsection (b) of
that section is amended in the flush matter following
subparagraph (B) by striking ``shall be determined'' and all
that follows through the end and inserting ``shall expire on
the later of (i) the 10-year period beginning on the date on
which such person becomes entitled to educational assistance
under this chapter, or (ii) the end of the 4-year period
beginning on the date such person is separated from, or
ceases to be, a member of the Selected Reserve.''.
(c) Conforming Amendments.--Subsection (b) of that section
is further amended--
(1) in paragraph (2), by striking ``subsection (a)'' and
inserting ``subsections (a) and (b)(1)'';
(2) in paragraph (3), by striking ``subsection (a)'' and
inserting ``subsection (b)(1)''; and
(3) in paragraph (4)--
(A) in subparagraph (A), by striking ``subsection (a)'' and
inserting ``subsections (a) and (b)(1)''; and
(B) in subparagraph (B), by striking ``clause (2) of such
subsection'' and inserting ``subsection (a)''.
____
AMENDMENT NO. 3389
(Purpose: To treat as veterans individuals who served in the Alaska
Territorial Guard during World War II)
On page 239, following line 22, add the following:
SEC. 656. RECOGNITION OF MEMBERS OF THE ALASKA TERRITORIAL
GUARD AS VETERANS.
(a) In General.--Section 106 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(f) Service as a member of the Alaska Territorial Guard
during World War II of any individual who was honorably
discharged therefrom under section 656(b) of the National
Defense Authorization Act for Fiscal Year 2001 shall be
considered active duty for purposes of all laws administered
by the Secretary.''.
(b) Discharge.--(1) The Secretary of Defense shall issue to
each individual who served as a member of the Alaska
Territorial Guard during World War II a discharge from such
service under honorable conditions if the Secretary
determines that the nature and duration of the service of the
individual so warrants.
(2) A discharge under paragraph (1) shall designate the
date of discharge. The date of discharge shall be the date,
as determined by the Secretary, of the termination of service
of the individual concerned as described in that paragraph.
(c) Prohibition on Retroactive Benefits.--No benefits shall
be paid to any individual for any period before the date of
the enactment of this Act by reason of the enactment of this
section.
____
AMENDMENT NO. 3390
(Purpose: To extend to members of the National Guard and other reserve
components not on active duty the entitlement to receive special duty
assignment pay)
On page 220, between lines 13 and 14, insert the following:
SEC. 622. ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD AND
OTHER RESERVES NOT ON ACTIVE DUTY TO RECEIVE
SPECIAL DUTY ASSIGNMENT PAY.
(a) Authority.--Section 307(a) of title 37, United States
Code, is amended by inserting after ``is entitled to basic
pay'' in the first
[[Page S5073]]
sentence the following: ``, or is entitled to compensation
under section 206 of this title in the case of a member of a
reserve component not on active duty,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month that
begins on or after the date of the enactment of this Act.
Mr. FEINGOLD. Mr. President, today I offer an amendment that will
restore a measure of pay equity for our nation's Guardsmen and
Reservists. I offered this same amendment last year to S. 4, the
military pay increase bill, and it was adopted by voice vote.
I understand that this amendment is acceptable to the managers on
both sides, and I thank the chairman and the ranking member of the
Armed Services Committee for their continuing cooperation on this
important issue.
Mr. President, the men and women who serve in the Guard and Reserves
are cornerstones of our national defense and domestic infrastructure,
and they deserve to be adequately and equitably compensated for their
dedicated service to this country.
The Guard and Reserve are integral parts of overseas missions,
including recent and ongoing missions in places, including Iraq and the
Balkans. According to statements by Department of Defense officials,
Guardsmen and Reservists will continue to play an increasingly
important role in our national defense strategy as they are called upon
to shoulder more of the burden of military operations both at home and
abroad. The National Guard and Reserves deserve the full support they
need to carry out their duties.
Mr. President, my amendment would correct special duty assignment pay
inequities between the Reserve components of our Armed Forces and their
active duty counterparts. These inequities should be address to take
into account the National Guard and Reserves' increased role in our
national security, especially on the front lines.
My amendment allows a Guardsmen or Reservist who is entitled to basic
pay and is performing a special duty to be paid special duty assignment
pay.
Right now, Guardsmen and Reservists are getting shortchanged despite
the vital role they play in our national defense. The special duty
assignment pay program ensures readiness by compensating specific
soldiers who are assigned to duty positions that demand special
training and extraordinary effort to maintain a level of satisfactory
performance. The program, as it stands now, effectively reduces the
ability of the National Guard and Reserve to retain highly dedicated
and specialized soldiers.
The special duty assignments pay program provides an additional
monthly financial incentive paid to enlisted soldiers and airmen who
are required to perform extremely demanding duties that require an
unusual degree of responsibility. These special duty assignments
include certain command sergeants major, guidance counselors, retention
non-commissioned officers (NCO's), drill sergeants, and members of the
Special Forces. These soldiers, however, do not receive special duty
assignment pay while in on IDT status (drill weekends).
I am pleased that the underlying bill as reported by the Armed
Services Committee contains a provision that increases the maximum rate
for special duty assignment pay from $275 per month to $600 per month.
This modest increase, coupled with my amendment, will help to ensure
that our Guardsmen and Reservists are fairly compensated for their
service.
This is especially important since National Guard and Reserve members
give up their civilian salaries during the time they are called up for,
or volunteer for, active duty.
Mr. President, as the U.S. military prepares to face the challenges
of the next century and beyond, the National Guard and Reserves will be
called more frequently to active duty for domestic support roles and
various peacekeeping efforts abroad. They will also be vital players on
special teams trained to deal with emerging threats, including the
possibility of the deployment of weapons of mass destruction within our
own borders. According to many military experts, this represents a more
salient threat to the United States than the threat of a ballistic
missile attack that many of our colleagues have spent so much time
addressing.
Mr. President, I have had the opportunity to see some of these
soldiers off as they embarked on these missions and have welcomed them
home upon their return. I am struck by the courage and professionalism
they displayed as they prepare to meet these varied assignments. In
Wisconsin, the State Guard provides vital support during natural
disasters and state emergencies, including floods, ice storms, and
train derailments.
We have a duty to honor the service of our National Guardsmen and
Reservists. One way to do that is to equitably compensate them for
their service.
Again, I thank the managers of the bill for their courtesy and for
their cooperation on this important amendment.
AMENDMENT NO. 3391
(Purpose: To authorize the expansion of service areas for transferees
of former uniformed services treatment facilities that are included in
the uniformed services health care delivery system)
On page 270, between lines 16 and 17, insert the following:
SEC. 744. SERVICE AREAS OF TRANSFEREES OF FORMER UNIFORMED
SERVICES TREATMENT FACILITIES THAT ARE INCLUDED
IN THE UNIFORMED SERVICES HEALTH CARE DELIVERY
SYSTEM.
Section 722(e) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073
note) is amended--
(1) by inserting ``(1)'' after ``(e) Service Area.--''; and
(2) by adding at the end the following:
``(2) The Secretary may, with the agreement of a designated
provider, expand the service area of the designated provider
as the Secretary determines necessary to permit covered
beneficiaries to enroll in the designated provider's managed
care plan. The expanded service area may include one or more
noncontiguous areas.''.
____
AMENDMENT NO. 3392
(Purpose: To refine and advance Federal acquisition streamlining)
In section 801(a), strike ``The Secretary of Defense shall
ensure that, not later than 180 days after the date of the
enactment of this Act, the Department of Defense Supplement
to the Federal Acquisition Regulation is revised'' and insert
``Not later than 180 days after the date of the enactment of
this Act, the Federal Acquisition Regulation issued in
accordance with sections 6 and 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 405 and 421) shall be
revised''.
At the end of title VIII, add the following:
SEC. 814. REVISION OF THE ORGANIZATION AND AUTHORITY OF THE
COST ACCOUNTING STANDARDS BOARD.
(a) Establishment Within OMB.--Paragraph (1) of subsection
(a) of section 26 of the Office of Federal Procurement Policy
Act (41 U.S.C. 422) is amended by striking ``Office of
Federal Procurement Policy'' in the first sentence and
inserting ``Office of Management and Budget''.
(b) Composition of Board.--Subsection (a) of such section
is further amended--
(1) by striking the second sentence of paragraph (1);
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Board shall consist of five members appointed as
follows:
``(A) A Chairman, appointed by the Director of the Office
of Management and Budget, from among persons who are
knowledgeable in cost accounting matters for Federal
Government contracts.
``(B) One member, appointed by the Secretary of Defense,
from among Department of Defense personnel.
``(C) One member, appointed by the Administrator, from
among employees of executive agencies other than the
Department of Defense, with the concurrence of the head of
the executive agency concerned.
``(D) One member, appointed by the Chairman from among
persons (other than officers and employees of the United
States) who are in the accounting or accounting education
profession.
``(E) One member, appointed by the Chairman from among
persons in industry.''.
(c) Term of Office.--Paragraph (3) of such subsection, as
redesignated by subsection (b)(2), is amended--
(1) in subparagraph (A)--
(A) by striking ``, other than the Administrator for
Federal Procurement Policy,'';
(B) by striking clause (i);
(C) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively; and
(D) in clause (ii), as so redesignated, by striking
``individual who is appointed under paragraph (1)(A)'' and
inserting ``officer or employee of the Federal Government who
is appointed as a member under paragraph (2)''; and
(2) by striking subparagraph (C).
(d) Other Board Personnel.--(1) Subsection (b) of such
section is amended to read as follows:
``(b) Senior Staff.--The Chairman, after consultation with
the Board, may appoint an executive secretary and two
additional staff members without regard to the provisions of
[[Page S5074]]
title 5, United States Code, governing appointments in the
competitive service and in senior-level positions. The
Chairman may pay such employees without regard to the
provisions of chapter 51 (relating to classification of
positions), and subchapter III of chapter 53 of such title
and section 5376 of such title (relating to the rates of
basic pay under the General Schedule and for senior-level
positions, respectively), except that no individual so
appointed may receive pay in excess of the maximum rate of
basic pay payable for a senior-level position under such
section 5376.''.
(2) Subsections (c) and (d)(2), and the third sentence of
subsection (e), of such section are amended by striking
``Administrator'' and inserting ``Chairman''.
(e) Cost Accounting Standards Authority.--(1) Paragraph (1)
of subsection (f) of such section is amended by inserting ``,
subject to direction of the Director of the Office of
Management and Budget,'' after ``exclusive authority''.
(2) Paragraph (2)(B)(iv) of such subsection is amended by
striking ``more than $7,500,000'' and inserting ``$7,500,000
or more''.
(3) Paragraph (3) of such subsection is amended, in the
first sentence--
(A) by striking ``Administrator, after consultation with
the Board'' and inserting ``Chairman, with the concurrence of
a majority of the members of the Board''; and
(B) by inserting before the period at the end the
following: ``, including rules and procedures for the public
conduct of meetings of the Board''.
(4) Paragraph (5)(C) of such subsection is amended to read
as follows:
``(C) The head of an executive agency may not delegate the
authority under subparagraph (A) or (B) to any official in
the executive agency below a level in the executive agency as
follows:
``(i) The senior policymaking level, except as provided in
clause (ii).
``(ii) The head of a procuring activity, in the case of a
firm, fixed price contract or subcontract for which the
requirement to obtain cost or pricing data under subsection
(a) of section 2306a of title 10, United States Code, or
subsection (a) of section 304A of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b) is
waived under subsection (b)(1)(C) of such section,
respectively.''.
(5) Paragraph (5)(E) of such subsection is amended by
inserting before the period at the end the following: ``in
accordance with requirements prescribed by the Board''.
(f) Requirements for Standards.--(1) Subsection (g)(1)(B)
of section 26 of the Office of Federal Procurement Policy Act
is amended by inserting before the semicolon at the end the
following: ``, together with a solicitation of comments on
those issues''.
(g) Interest Rate Applicable to Contract Price
Adjustments.--Subsection (h)(4) of such section is amended by
inserting ``(a)(2)'' after ``6621'' both places that it
appears.
(h) Repeal of Requirement for Annual Report.--Such section
is further amended by striking subsection (i).
(i) Effects of Board Interpretations and Regulations.--
Subsection (j) of such section is amended--
(1) in paragraph (1), by striking ``promulgated by the Cost
Accounting Standards Board under section 719 of the Defense
Production Act of 1950 (50 U.S.C. App. 2168)'' and inserting
``that are in effect on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2001'';
and
(2) in paragraph (3), by striking ``under the authority set
forth in section 6 of this Act'' and inserting ``exercising
the authority provided in section 6 of this Act in
consultation with the Chairman''.
(j) Rate of Pay for Chairman.--Section 5315 of title 5,
United States Code, is amended by adding at the end the
following:
``Chairman, Cost Accounting Standards Board.''.
(k) Transition Provision for Members.--Each member of the
Cost Accounting Standards Board who serves on the Board under
paragraph (1) of section 26(a) of the Office of Federal
Procurement Policy Act, as in effect on the day before the
date of the enactment of this Act, shall continue to serve as
a member of the Board until the earlier of--
(1) the expiration of the term for which the member was so
appointed; or
(2) the date on which a successor to such member is
appointed under paragraph (2) of such section 26(a), as
amended by subsection (b) of this section.
SEC. 815. REVISION OF AUTHORITY FOR SOLUTIONS-BASED
CONTRACTING PILOT PROGRAM.
(a) Pilot Projects Under the Program.--Section 5312 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1492) is amended--
(1) in subsection (a), by striking ``subsection (d)(2)''
and inserting ``subsection (d)''; and
(2) by striking subsection (d) and inserting the following:
``(d) Pilot Program Projects.--The Administrator shall
authorize to be carried out under the pilot program--
``(1) not more than 10 projects, each of which has an
estimated cost of at least $25,000,000 and not more than
$100,000,000; and
``(2) not more than 10 projects for small business
concerns, each of which has an estimated cost of at least
$1,000,000 and not more than $5,000,000.''.
(b) Elimination of Requirement for Federal Funding of
Program Definition Phase.--Subsection (c)(9)(B) of such
section is amended by striking ``program definition phase
(funded, in the case of the source ultimately awarded the
contract, by the Federal Government)--'' and inserting
``program definition phase--''.
SEC. 816. APPROPRIATE USE OF PERSONNEL EXPERIENCE AND
EDUCATIONAL REQUIREMENTS IN THE PROCUREMENT OF
INFORMATION TECHNOLOGY SERVICES.
(a) Amendment of the Federal Acquisition Regulation.--Not
later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation issued in accordance
with sections 6 and 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 405 and 421) shall be amended to
address the use of personnel experience and educational
requirements in the procurement of information technology
services.
(b) Content of Amendment.--The amendment issued pursuant to
subsection (a) shall--
(1) provide that a solicitation of bids on a performance-
based contract for the procurement of information technology
services may not set forth any minimum experience or
educational requirement for contractor personnel that a
bidder must satisfy in order to be eligible for award of the
contract; and
(2) specify--
(A) the circumstances under which a solicitation of bids
for other contracts for the procurement of information
technology services may set forth any such minimum
requirement for that purpose; and
(B) the circumstances under which a solicitation of bids
for other contracts for the procurement of information
technology services may not set forth any such minimum
requirement for that purpose.
(c) Construction of Regulation.--The amendment issued
pursuant to subsection (a) shall include a rule of
construction that a prohibition included in the amendment
under paragraph (1) or (2)(B) does not prohibit the
consideration of the experience and educational levels of the
personnel of bidders in the selection of a bidder to be
awarded a contract.
(d) GAO Report.--Not later than 1 year after the date on
which the regulations required by subsection (a) are
published in the Federal Register, the Comptroller General
shall submit to Congress an evaluation of--
(1) executive agency compliance with the regulations; and
(2) conformity of the regulations with existing law,
together with any recommendations that the Comptroller
General considers appropriate.
(e) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning given
that term in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403).
(2) The term ``performance-based contract'' means a
contract that includes performance work statements setting
forth contract requirements in clear, specific, and objective
terms with measurable outcomes.
(3) 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).
At the end of subtitle A of title X, insert the following:
SEC. 1010. TREATMENT OF PARTIAL PAYMENTS UNDER SERVICE
CONTRACTS.
For the purposes of the regulations prescribed under
section 3903(a)(5) of title 31, United States Code, partial
payments, other than progress payments, that are made on a
contract for the procurement of services shall be treated as
being periodic payments.
Mr. THOMPSON. Mr. President, I offer this amendment on behalf of
myself as chairman of the Governmental Affairs Committee and Senator
Lieberman, the Committee's ranking minority member, and Senators Warner
and Levin, the chairman and ranking minority member of the Armed
Services Committee. Senator Lieberman and I thank the Armed Services
chairman and ranking member for their cooperation and assistance in
preparing this amendment which will benefit not only the procurement
process within the Department of Defense, but other agencies across the
Federal government as well.
The amendment which we offer today began as a request from the
administration and others to include additional procurement-related
reforms to those enacted over the past several years and those already
included in S. 2549. Our amendment includes language which would (1)
express a governmentwide preference for performance-based service
contracting; (2) move the Cost Accounting Standards (CAS) Board out of
the Office of Federal Procurement Policy, making it a separate office
within the Office of Management and Budget, and conform the delegation
of authority levels relating to the CAS with those for the Truth in
Negotiations Act; (3) extend the authority of certain pilot programs
under the Clinger-Cohen Act of 1996; (4) prohibit the use of mandatory
minimum educational and experience requirements on performance-based
service contracts and certain other contracts; and (5) ensure that the
implementing regulations
[[Page S5075]]
of the Prompt Payment Act treat partial payments on contracts for
services as periodic payments covered by the Act. I ask unanimous
consent that a joint statement of sponsors explaining the amendment be
placed in the Record immediately following my statement. This statement
represents the consensus view of the sponsors as to the meaning and
intent of the amendment.
There being no objection, the statement was ordered to be printed in
the Record, as follows:
Joint Statement of Sponsors Regarding the Thompson-Lieberman-Warner-
Levin Procurement Streamlining Amendment
1. Performance-based service contracting
The amendment would make government-wide a provision
included in section 801 of the bill, which establishes a
preference for performance-based service contracting.
Successful performance of services contracts throughout
government can be ensured by establishing clear goals which
give vendors the flexibility to propose different approaches,
while giving the government a firm basis for cost and quality
comparison.
2. Organization of the Cost Accounting Standards Board
The Cost Accounting Standards (CAS standards) are a set of
19 accounting principles developed and maintained by the Cost
Accounting Standards Board (CAS Board), a body created by
Congress to develop uniform and consistent standards. The CAS
standards require government contractors to account for their
costs on a consistent basis and prohibit any shifting of
overhead or other costs from commercial contracts to
government contracts, or from fixed-price contracts to cost-
type contracts.
Currently, the CAS Board is located in the Office of
Federal Procurement Policy (OFPP) and chaired by the
Administrator of OFPP. Concerns have been raised that OFPP's
broader procurement policy mission has distracted past
Administrators from the task of maintaining the CAS
standards. In order to ensure that the CAS standards receive
the focused attention of qualified accounting professionals,
the amendment would remove the CAS Board from OFPP and make
it an independent board within the Office of Management and
Budget.
The amendment would retain the CAS Board's ``exclusive
authority'' to make, promulgate, amend, and rescind cost
accounting standards and interpretations thereof. Because of
the need for consistent cost accounting standards for all
government contracts, no other Federal agency is authorized
to issue cost accounting standards or regulations. However,
the amendment would make the CAS Board's authority ``subject
to the direction of the Director of the Office of Management
and Budget'' in recognition of the existing relationship of
the CAS Board with the Director of OMB and the requirement
that federal rules and regulations be adopted by an
officer with the authority to take such action.
Further, the amendment clarifies the level to which Federal
agencies may delegate authority to waive the applicability of
CAS standards in certain circumstances, to conform to waiver
authority under the Truth in Negotiations Act and ensure that
the same official may waive the requirements of both statutes
in cases where it makes sense to do so.
3. Revision of authority for solutions-based contracting
pilot program
The amendment would amend section 5312 of the Clinger-Cohen
Act, the solutions-based contracting pilot program, to remove
detailed statutory requirements concerning the development of
a pilot plan, including the requirement to form a public-
private working group. The elimination of this requirement is
intended to avoid concerns raised regarding which private
industry specialists would participate on working groups and
the extent to which it would be appropriate for such
participants to compete for later solutions-based contracts.
The provision also would eliminate a requirement to fund the
awardee's efforts during the program definition phase and
instead leave this decision to the contracting officer's
discretion on a case-by-case basis.
4. Appropriate use of personnel experience and educational
requirements in the procurement of information technology
services
Many in the information technology industry have argued
that minimum education or experience requirements included in
agency solicitations for information technology services are
contributing to the serious worker shortage by requiring
contractors to use more highly trained and educated workers
to perform some services required by government contracts
that could be done just as well by less educated or
experienced workers. They argue that these mandatory minimum
requirements are often included in information technology
service contracts without regard to whether it is necessary
to perform the work and that it drives up the cost of
contracts.
The amendment would prohibit the use of minimum experience
or educational requirements for contractor personnel in
performance-based services contracts. Minimum experience
requirements are inappropriate for such contracts, which are
supposed to be awarded on the basis of measurable outcomes.
The provision would also require the issuance of regulations
on the appropriate use of minimum experience or educational
requirements for other services contracts other than
performance-based contracts.
It is the sponsors' view that this amendment will have no
negative impact on Federal employees performing similar
information technology work for the Federal government.
5. Treatment of partial payments under service contracts
When the Prompt Payment Act was amended in 1988, Congress
recognized the failure of Federal agencies to implement the
requirement in the Act to pay, during the contract period,
for the periodic delivery of supplies or the periodic
performance of services if permitted by the contract. As a
result, the Act was amended to require that periodic payments
were covered by the Act's requirement that agencies pay
interest on late payments.
The amendment would clarify that partial payments, other
than progress payments, made under service contracts are
periodic payments for purposes of the Prompt Payment Act and
that interest must be paid on such partial payments which are
not paid timely.
amendment no. 3393
(Purpose: To increase by $2,500,000 the amount provided for the Army
for operation and maintenance for the ceremonial rifle program; and to
offset that increase by reducing by $2,500,000 the amount provided for
operation and maintenance, Defense-wide, for spectrum database
upgrades)
On page 54, line 11, strike ``$19,028,531,000'' and insert
``$19,031,031,000''.
On page 54, line 11, strike ``$11,973,569,000'' and insert
``$11,971,069,000''.
____
amendment no. 3394
(Purpose: To set aside up to $1,000,000 for the support of programs to
promote informal region-wide dialogues on arms control and regional
security issues for Arab, Israeli, and United States officials and
experts)
On page 462, between lines 2 and 3, insert the following:
SEC. 1210. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS
CONTROL AND REGIONAL SECURITY ISSUES.
Of the amount authorized to be appropriated by section
301(5), up to $1,000,000 is available for the support of
programs to promote informal region-wide consultations among
Arab, Israeli, and United States officials and experts on
arms control and security issues concerning the Middle East
region.
____
AMENDMENT NO. 3395
(Purpose: To amend title 10, United States Code, to authorize the
United States Air Force Institute of Technology)
On page 353, between lines 15 and 16, insert the following:
SEC. 914. UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
(a) Authority.--(1) Part III of subtitle D of title 10,
United States Code, is amended by inserting after chapter 903
the following:
``CHAPTER 904--UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY
``Sec.
``9321. Establishment; purposes.
``9322. Sense of the Senate.
``SEC. 9321. ESTABLISHMENT; PURPOSES.
``(a) Establishment.--There is a United States Air Force
Institute of Technology in the Department of the Air Force.
``(b) Purposes.--The purposes of the Institute are as
follows:
``(1) To perform research.
``(2) To provide advanced instruction and technical
education for employees of the Department of the Air Force
and members of the Air Force (including the reserve
components) in their practical and theoretical duties.
``SEC. 9322. SENSE OF THE SENATE REGARDING THE UTILIZATION OF
THE AIR FORCE INSTITUTE OF TECHNOLOGY.
``(a) It is the sense of the Senate that in order to insure
full and continued utilization of the Air Force Institute of
Technology, the Secretary of the Air Force should, in consult
with the Chief of Staff of the Air Force and the Commander of
the Air Force Materiel Command, review the following areas of
organizational structure and operations at the Institute:
``(1) The grade of the Commandant
``(2) The chain of command of the Commandant of the
Institute within the Air Force
``(3) The employment and compensation of civilian
professors at the Institute
``(4) The processes for the identification of requirements
for advanced degrees within the Air Force, identification for
annual enrollment quotas and selection of candidates
``(5) Post graduation opportunities for graduates of the
Institute
``(6) The policies and practices regarding the admission of
``(A) officers of the Army, Navy, Marine Corps, and Coast
Guard;
``(B) employees of the Department of the Army, Department
of the Navy, and Department of Transportation;
``(C) personnel of the armed forces of foreign countries;
``(D) enlisted members of the Armed Forces of the United
States; and
``(E) others eligible for admission.''
AIR FORCE INSTITUTE OF TECHNOLOGY
Mr. DeWINE. Mr. President, the amendment I have offered is designed
[[Page S5076]]
to ensure the continued viability of and effectiveness in a vital Air
Force asset--the Air Force Institute of Technology, known as AFIT.
AFIT, located at Wright-Patterson Air Force Base in Dayton, Ohio,
provides defense-focused graduate and continuing education, research,
and consultation to the Air Force and the Department of Defense.
The U.S. Army established AFIT in 1919, as the Air School of
Application. This school, located at historic McCook field in Dayton,
Ohio, provided technical training to pilots. In 1926, the Army Air
Corps relocated the engineering school to Wright Field. In 1947, when
the Air Force became a separate service, the school assumed its current
name. Under the guidance of Theodore Von Karman, AFIT developed a
graduate education program to support the vision of a technologically
superior Air Force.
Today, the AFIT Graduate School of Engineering and Management offers
Masters of Science degrees in 20 areas of defense-focused
specialization, and Doctors of Philosophy (PhD) in 13 of these areas.
At any one time, AFIT has 400 full-time graduate students, including
officers and civilians from the Air Force, sister services, and allied
and foreign services. International students from more than 50
countries have participated since 1961, and 21 international students
are currently enrolled. AFIT has awarded more than 13,000 Masters and
300 PhD degrees since it became accredited in 1954. Among AFIT's
illustrious graduates are 11 current and former astronauts, including
Steve Lindsay, the pilot of the shuttle mission of our former
colleague, retired Senator John Glenn.
Mr. President, AFIT is critical to the Air Force's long-term ability
to retain technological superiority. AFIT trains the mid-career
officers and civilians required to provide the expertise necessary to
act as informed, technically astute buyers in our acquisition corps and
skilled innovators in our laboratories. AFIT graduates eventually
progress through their careers to become senior level leaders with the
technical backgrounds needed to provide the vision for the Air Force to
retain its ability to provide air superiority well into this century. I
have long said that Wright-Patterson is the brain power behind our air
power. AFIT is the source of a great deal of that air power.
Despite this past success, AFIT's future is uncertain. AFIT's Board
of Visitors completed a troubling report on the long-term viability of
the school. The report states that the Institute is ``in passive, but
inexorable shutdown mode'' due to an attitude of ``studied inaction by
the Air Force at all levels.'' In response to this report, I joined
with Senator Voinovich and Congressmen Hobson and Hall in a letter to
Air Force Secretary Peters, calling on the Air Force to respond to the
Board of Visitors' disturbing findings. The amendment I have offered
today is designed to reinforce the importance of AFIT by giving it a
statutory designation in the U.S. Code. My amendment also contains a
sense of the Senate that details the issues that need to be reviewed by
the Air Force leadership if AFIT is to continue to be a significant
contributor to our nation's aeronautical dominance.
Mr. President, I urge my colleagues to support this important
amendment.
amendment no. 3396 to amendment no. 3237
(Purpose: To make a technical correction)
On page 2, line 15, strike ``$1,500,000'' and insert
``$1,500,000''.
____
AMENDMENT NO. 3397
(Purpose: To increase the TRICARE maximum allowable charge for
physicians in rural States, and to require a report on nonparticipation
of physicians in TRICARE in rural States)
On page 251, between lines 6 and 7, insert the following:
SEC. 714. ENHANCEMENT OF ACCESS TO TRICARE IN RURAL STATES.
(a) Higher Maximum Allowable Charge.--Section 1079(h) of
title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' in the first sentence and inserting ``paragraphs (2),
(3), and (4)'';
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4)(A) The amount payable for a charge for a service
provided by an individual health care professional or other
noninstitutional health care provider in a rural State for
which a claim is submitted under a plan contracted for under
subsection (a) shall be equal to 80 percent of the customary
and reasonable charge for services of that type when provided
by such a professional or other provider, as the case may be,
in that State.
``(B) A customary and reasonable charge shall be determined
for the purposes of subparagraph (A) under regulations
prescribed by the Secretary of Defense in consultation with
the other administering Secretaries. In prescribing the
regulations, the Secretary may also consult with the
Administrator of the Health Care Financing Administration of
the Department of Health and Human Services.''; and
(4) by adding at the end the following:
``(6) In this subsection the term `rural State' means a
State that has, on average, as determined by the Bureau of
the Census in the latest decennial census--
``(A) less than 76 residents per square mile; and
``(B) less than 211 actively practicing physicians (not
counting physicians employed by the United States) per
100,000 residents.''.
(b) Report.--(1) Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the extent to which
physicians are choosing not to participate in contracts for
the furnishing of health care in rural States under chapter
55 of title 10, United States Code.
(2) The report shall include the following:
(A) The number of physicians in rural States who are
withdrawing from participation, or otherwise refusing to
participate, in the health care contracts.
(B) The reasons for the withdrawals and refusals.
(C) The actions that the Secretary of Defense can take to
encourage more physicians to participate in the health care
contracts.
(D) Any recommendations for legislation that the Secretary
considers necessary to encourage more physicians to
participate in the health care contracts.
(3) In this subsection, the term ``rural State'' has the
meaning given that term in section 1079(h)(6) of title 10,
United States Code (as added by subsection (a)).
Mr. MURKOWSKI. Mr. President, I commend Chairman Warner for the
significant improvements he and his committee have proposed for the
TRICARE system. However I am concerned that the current proposals do
not address access problems in rural states, and I am offering this
amendment to alleviate this problem.
Military healthcare is one of the most important quality of life
issues for my constituents. I have heard countless times how civilian
doctors are refusing to see TRICARE patients because of the extremely
low rates at which they are reimbursed. Because an adequate civilian
healthcare provider network is required to supplement the military
healthcare system, especially in rural states, TRICARE is failing to
provide the kind of healthcare our service members, retirees and their
dependents deserve.
In rural states like my home state of Alaska, this is a huge problem.
Medical costs are much higher than average, and there are fewer
doctors. Having fewer doctors to compete with reduces physicians'
incentive to accept the extremely low pay from TRICARE. In fact, in
Alaska, doctors who see TRICARE patients are paid less than when they
see Medicaid patients.
Frankly, I am very concerned that the government would consider those
who serve in our armed forces as less worthy of quality care than
welfare recipients. When doctors refuse to see TRICARE beneficiaries
and their dependents, they are forced to pay for their care themselves,
or go without it all together. I have heard too often from Alaskans in
the military who are frustrated that they cannot receive care because
doctors cannot afford to see them. I would like to read the following
letter from one of my constituents and ask unanimous consent that it be
entered into the Record.
The Department of Defense has the authority to raise the rates they
pay doctors if they decide that a region has access problems. In fact,
they are in the process of doing this in parts of Alaska. However they
have excluded Anchorage, the largest city in the state. This is where
the largest portion of beneficiaries live, and where the largest access
problem exists. It is clear to me that the Department of Defense is not
properly assessing where access is a problem. Because of this, it is
time for Congress to act.
My amendment will raise the rates the Department of Defense pays to
civilian doctors who see TRICARE patients. It also calls on the
Department of Defense to conduct a study assessing access problems in
rural states, and present Congress ways to solve these problems.
[[Page S5077]]
When men and women in the armed services, retirees and their
dependents are refused treatment by civilian doctors, it has a direct
effect on morale. They begin to think twice when it comes time to
reenlist or leave. I am sure they are not recommending service to the
young people in their family and community. With our current
recruitment and retention problems in the military, I think it is our
responsibility in the Senate to give TRICARE beneficiaries the kind of
high quality healthcare they have earned through their dedication to
this nation.
I urge my colleagues to accept this important amendment.
AMENDMENT NO. 3398
(Purpose: To extend the authority of the Federal Government to conduct
public interest law enforcement conveyances of surplus property)
At the appropriate place, insert the following:
SEC. . IMPROVING PROPERTY MANAGEMENT.
(a) In General.--Section 203(p)(1)(B)(ii) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
484(p)(1)(B)(ii)) is amended by striking ``July 31, 2000''
and inserting ``December 31, 2002''.
(b) Conforming Amendment.--Section 233 of Appendix E of
Public Law 106-113 (113 Stat. 1501A-301) is repealed.
Mr. FEINGOLD. Mr. President, I thank the bill's managers, the Senior
Senator from Virginia, Mr. Warner, and the Senior Senator from
Michigan, Mr. Levin, for assisting me with this amendment. I also
deeply appreciate the efforts of the Senator from Tennessee, Mr.
Thompson, who joins me as a co-sponsor of this amendment, and of his
staff who assisted my staff in developing an acceptable final version.
This amendment extends the authority of the General Services
Administration to convey surplus property to local governments for law
enforcement purposes for two years until the end of December 2002. This
amendment will help a number of communities across the country seeking
to use surplus property to protect their citizens and provide safe,
secure facilities for their police departments. Without this amendment,
the authority to convey surplus property for law enforcement purposes
would expire at the end of July, 2000. Communities that want to use the
GSA process, and have counted upon doing so, to negotiate the use of
property for law enforcement purposes at a reduced cost would have been
shut out in the matter of a few weeks.
In fact, Mr. President, I have just such a situation in my own home
state. The City of Kewaunee, Wisconsin wants to acquire the city's Army
Reserve Center, which is a former federal armory building. The City
intends to use the property as a municipal building in which they would
house their police force and other municipal offices.
Congress has specified a number of public purpose uses for which
property can be transferred to local governments at a reduced cost. The
Federal Property and Administrative Services Act allows property to be
transferred to public agencies and institutions at discounts of up to
100 percent of fair market value for a number of purposes: public
health or educational uses, public parks or recreational areas,
historic monuments, homeless assistance, correctional institutions,
port facilities, public airports, wildlife conservation, and self-help
housing. This type of transfer is called a public interest conveyance.
I strongly believe that law enforcement is an important public
purpose for which surplus property should be used. Moreover, in
fairness to local communities with tight budgets, Congress needs to
preserve this option for communities that are counting on being able to
use this authority.
Again, I am delighted that the bill managers have decided to accept
this amendment, and I hope that this provision will be retained in
Conference.
AMENDMENT NO. 3399
(Purpose: To require a report on the status of domestic preparedness
against the threat of biological terrorism)
On page 378, between lines 19 and 20, insert the following:
SEC. 1027. 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 the Speaker of the House of
Representatives and the President Pro Tempore of the Senate 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 beneficial consequences of such efforts on--
(A) the treatment of naturally occurring infectious
disease;
(B) the efficiency of the United States health care system;
(C) the maintenance in the United States of a competitive
edge in biotechnology; and
(D) the United States economy.
____
AMENDMENT NO. 3400
(Purpose: To authorize a land conveyance, former National Ground
Intelligence Center, Charlottesville, Virginia)
On page 545, following line 22, add the following:
PART IV--OTHER CONVEYANCES
SEC. 2876. LAND CONVEYANCE, FORMER NATIONAL GROUND
INTELLIGENCE CENTER, CHARLOTTESVILLE, VIRGINIA.
(a) Conveyance Authorized.--The Administrator of General
Services may convey, without consideration, to the City of
Charlottesville, Virginia (in this section referred to as the
``City''), all right, title, and interest of the United
States in and to a parcel of real property, including any
improvements thereon, formerly occupied by the National
Ground Intelligence Center and known as the Jefferson Street
Property.
(b) Authority To Convey Without Consideration.--The
conveyance authorized by subsection (a) may be made without
consideration if the Administrator determines that the
conveyance on that basis would be in the best interests of
the United States.
(c) Purpose of Conveyance.--The conveyance authorized by
subsection (a) shall be for the purpose of permitting the
City to use the parcel, directly or through an agreement with
a public or private entity, for economic development
purposes.
(d) Reversionary Interest.--If, during the 5-year period
beginning on the date the Administrator makes the conveyance
authorized by subsection (a), the Administrator determines
that the conveyed real property is not being used for a
purpose specified in subsection (c), all right, title, and
interest in and to the property, including any improvements
thereon, may upon the election of the Administrator revert to
the United States, and upon such reversion the United States
shall have the right of immediate entry onto the property.
(e) Inapplicability of Certain Property Management Laws.--
The conveyance authorized by subsection (a) shall not be
subject to the following:
(1) Sections 2667 and 2696 of title 10, United States Code.
(2) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411).
(3) Sections 202 and 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483, 484).
(f) Limitation on Certain Subsequent Conveyances.--(1)
Subject to paragraph (2), if at any time after the
Administrator makes the conveyance authorized by subsection
(a) the City conveys any portion of the parcel conveyed under
that subsection to a private entity, the City shall pay to
the United States an amount equal to the fair market value
(as determined by the Administrator) of the portion conveyed
at the time of its conveyance under this subsection.
(2) Paragraph (1) applies to a conveyance described in that
paragraph only if the Administrator makes the conveyance
authorized by subsection (a) without consideration.
(3) The Administrator shall deposit any amounts paid the
United States under this subsection into the fund established
by section 210(f) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 490(f)). Any amounts so
deposited shall be available to the Administrator for real
property management and related activities as provided for
under paragraph (2) of that section.
(g) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Administrator. The cost of the survey shall be borne
by the City.
(h) Additional Terms and Conditions.--The Administrator may
require such additional terms and conditions in connection
with the conveyance as the Administrator considers
appropriate to protect the interests of the United States.
[[Page S5078]]
____
AMENDMENT NO. 3401
(Purpose: To authorize a land conveyance, Army Reserve Center, Winona,
Minnesota)
On page 539, between lines 7 and 8, insert the following:
SEC. 2836. LAND CONVEYANCE, ARMY RESERVE CENTER, WINONA,
MINNESOTA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Winona State University
Foundation of Winona, Minnesota (in this section referred to
as the ``Foundation''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, in Winona, Minnesota, containing an
Army Reserve Center for the purpose of permitting the
Foundation to use the parcel for educational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Foundation.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
____
amendment no. 3402
At the appropriate place, insert the following:
SEC. . SENSE OF THE SENATE REGARDING TAX TREATMENT OF
MEMBERS RECEIVING SPECIAL PAY.
It is the sense of the Senate that members of the Armed
Forces who receive special pay for duty subject to hostile
fire or imminent danger (37 U.S.C. 310) should receive the
same tax treatment as members serving in combat zones.
____
AMENDMENT NO. 3403
(Purpose: To modify the basic allowance for housing)
On page 206, between lines 15 and 16, insert the following:
SEC. 610. BASIC ALLOWANCE FOR HOUSING.
(a) Applicability of Low-Cost and No-Cost Reassignments to
Members With Dependents.--Subsection (b)(7) of section 403 of
title 37, United States Code, is amended by striking
``without dependents''.
(b) Allowance When Dependents Are Unable To Accompany
Members.--Subsection (d) of such section is amended by
striking paragraph (3) and inserting the following:
``(3) In the case of a member with dependents who is
assigned to duty in an area that is different from the area
in which the member's dependents reside--
``(A) the member shall receive a basic allowance for
housing as provided in subsection (b) or (c), as appropriate;
``(B) if the member is assigned to duty in an area or under
circumstances that, as determined by the Secretary concerned,
require the member's dependents to reside in a different
area, the member shall receive a basic allowance for housing
as if the member were assigned to duty in the area in which
the dependents reside or at the member's last duty station,
whichever the Secretary concerned determines to be equitable;
or
``(C) if the member is assigned to duty in that area under
the conditions of low-cost or no-cost permanent change of
station or permanent change of assignment and the Secretary
concerned determines that it would be inequitable to base the
member's entitlement to, and amount of, a basic allowance for
housing on the cost of housing in the area to which the
member is reassigned, the member shall receive a basic
allowance for housing as if the member were assigned to duty
at the member's last duty station.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on October 1, 2000, and shall apply
with respect to pay periods beginning on and after that date.
____
AMENDMENT NO. 3404
(Purpose: To authorize the acceptance and use of gifts from the Air
Force Museum Foundation for the construction of a third building for
the United States Air Force Museum at Wright-Patterson Air Force Base,
Ohio)
On page 546, after line 13, add the following:
SEC. 2882. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF
THIRD BUILDING AT UNITED STATES AIR FORCE
MUSEUM, WRIGHT-PATTERSON AIR FORCE BASE, OHIO.
(a) Acceptance Authorized.--(1) The Secretary of the Air
Force may accept from the Air Force Museum Foundation, a
private non-profit foundation, gifts in the form of cash,
Treasury instruments, or comparable United States Government
securities for the purpose of paying the costs of design and
construction of a third building for the United States Air
Force Museum at Wright-Patterson Air Force Base, Ohio. The
building is listed as an unfunded military construction
requirement for the Air Force in the fiscal year 2002
military construction program of the Air Force.
(2) A gift accepted under paragraph (1) may specify that
all or part of the amount of the gift be utilized solely for
purposes of the design and construction of a particular
portion of the building described in that paragraph.
(b) Deposit in Escrow Account.--The Secretary, acting
through the Comptroller of the Air Force Materiel Command,
shall deposit the amount of any cash, instruments, or
securities accepted as a gift under subsection (a) in an
escrow account established for that purpose.
(c) Investment.--Amounts in the escrow account under
subsection (b) not required to meet current requirements of
the account shall be invested in public debt securities with
maturities suitable to the needs of the account, as
determined by the Comptroller of the Air Force Materiel
Command, and bearing interest at rates that take into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities.
The income on such investments shall be credited to and form
a part of the account.
(d) Utilization.--(1) Amounts in the escrow account under
subsection (b), including any income on investments of such
amounts under subsection (c), that are attributable to a
particular portion of the building described in subsection
(a) shall be utilized by the Comptroller of the Air Force
Materiel Command to pay the costs of the design and
construction of such portion of the building, including
progress payments for such design and construction.
(2) Subject to paragraph (3), amounts shall be payable
under paragraph (1) upon receipt by the Comptroller of the
Air Force Materiel Command of a notification from an
appropriate officer or employee of the Corps of Engineers
that such amounts are required for the timely payment of an
invoice or claim for the performance of design or
construction activities for which such amounts are payable
under paragraph (1).
(3) The Comptroller of the Air Force Materiel Command
shall, to the maximum extent practicable consistent with good
business practice, limit payment of amounts from the account
in order to maximize the return on investment of amounts in
the account.
(e) Limitation on Contracts.--The Corps of Engineers may
not enter into a contract for the design or construction of a
particular portion of the building described in subsection
(a) until amounts in the escrow account under subsection (b),
including any income on investments of such amounts under
subsection (c), that are attributable to such portion of the
building are sufficient to cover the amount of such contract.
(f) Liquidation of Escrow Account.--(1) Upon final payment
of all invoices and claims associated with the design and
construction of the building described in subsection (a), the
Secretary of the Air Force shall terminate the escrow account
under subsection (b).
(2) Any amounts in the account upon final payment of
invoices and claims as described in paragraph (1) shall be
available to the Secretary for such purposes as the Secretary
considers appropriate.
____
AMENDMENT NO. 3405
(Purpose: To require a GAO review of the AH-64 program of the Army)
On page 123, between lines 12 and 13, insert the following:
SEC. 377. REVIEW OF AH-64 AIRCRAFT PROGRAM.
(a) Requirement for Review.--The Comptroller General shall
conduct a review of the Army's AH-64 aircraft program to
determine the following:
(1) Whether any of the following conditions exist under the
program:
(A) Obsolete spare parts, rather than spare parts for the
latest aircraft configuration, are being procured.
(B) There is insufficient sustaining system technical
support.
(C) The technical data packages and manuals are obsolete.
(D) There are unfunded requirements for airframe and
component upgrades.
(2) Whether the readiness of the aircraft is impaired by
conditions described in paragraph (1) that are determined to
exist.
(b) Report.--Not later than March 1, 2001, the Comptroller
General shall submit to the congressional defense committees
a report on the results of the review under subsection (a).
____
AMENDMENT NO. 3406
(Purpose: To make available, with an offset, an additional $2,500,000
for research, development, test, and evaluation for the Army for
Countermine Systems (PE602712A) for research in acoustic mine
detection)
On page 48, between lines 20 and 21, insert the following:
SEC. 222. ACOUSTIC MINE DETECTION.
(a) Increase in Amount.--(1) The amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army is hereby increased by
$2,500,000.
(2) Of the amount authorized to be appropriated by section
201(1), as increased by paragraph (1), the amount available
for Countermine Systems (PE602712A) is hereby increased by
$2,500,000, with the amount of such increase available for
research in acoustic mine detection.
(b) Offset.--The amount authorized to be appropriated by
section 201(4) for research, development, test, and
evaluation Defense-wide is hereby decreased by $2,500,000,
with the amount of such decrease to be applied to Sensor
Guidance Technology (PE603762E).
[[Page S5079]]
____
AMENDMENT NO. 3407
(Purpose: To permit the lease of the Naval Computer Telecommunications
Center, Cutler, Maine, pending its conveyance)
On page 543, between lines 19 and 20, insert the following:
(e) Lease of Property Pending Conveyance.--(1) Pending the
conveyance by deed of the property authorized to be conveyed
by subsection (a), the Secretary may enter into one or more
leases of the property.
(2) The Secretary shall deposit any amounts paid under a
lease under paragraph (1) in the appropriation or account
providing funds for the protection, maintenance, or repair of
the property, or for the provision of utility services for
the property. Amounts so deposited shall be merged with funds
in the appropriation or account in which deposited, and shall
be available for the same purposes, and subject to the same
conditions and limitations, as the funds with which merged.
____
AMENDMENT NO. 3408
(Purpose: To modify the authorized conveyee of certain land at
Ellsworth Air Force Base, South Dakota)
On page 543, strike line 20 and insert the following:
PART III--AIR FORCE CONVEYANCES
SEC. 2861. MODIFICATION OF LAND CONVEYANCE, ELLSWORTH AIR
FORCE BASE, SOUTH DAKOTA.
(a) Modification of Conveyee.--Subsection (a) of section
2863 of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat.
2010) is amended by striking ``Greater Box Elder Area
Economic Development Corporation, Box Elder, South Dakota (in
this section referred to as the `Corporation')'' and
inserting ``West River Foundation for Economic and Community
Development, Sturgis, South Dakota (in this section referred
to as the `Foundation')''.
(b) Conforming Amendments.--That section is further amended
by striking ``Corporation'' each place it appears in
subsections (c) and (e) and inserting ``Foundation''.
PART IV--DEFENSE-AGENCIES CONVEYANCES
____
AMENDMENT NO. 3409
(Purpose: To consent to the retransfer by the Government of Greece to
USS LST Ship Memorial, Inc., of an alternative LST excess to the needs
of the Government of Greece)
At the end of title XII, add the following:
SEC. __. AUTHORITY TO CONSENT TO RETRANSFER OF ALTERNATIVE
FORMER NAVAL VESSEL BY GOVERNMENT OF GREECE.
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 that is excess to the
needs of that government''; and
(2) in subsection (b)(1), by inserting ``retransferred
under subsection (a)'' after ``the vessel''.
____
AMENDMENT NO. 3410
(Purpose: To require a report on the establishment of a global missile
launch early warning center)
On page 378, between lines 19 and 20, insert the following:
SEC. 1027. REPORT ON GLOBAL MISSILE LAUNCH EARLY WARNING
CENTER.
Not later than March 15, 2001, the Secretary of Defense
shall submit to the congressional defense committees a report
on the feasibility and advisability of establishing a center
at which missile launch early warning data from the United
States and other nations would be made available to
representatives of nations concerned with the launch of
ballistic missiles. The report shall include the Secretary's
assessment of the advantages and disadvantages of such a
center and any other matters regarding such a center that the
Secretary considers appropriate.
____
AMENDMENT NO. 3411
(Purpose: To require a GAO review of the working-capital fund
activities of the Department of Defense, including the use of carryover
authority between fiscal years)
On page 378, between lines 19 and 20, insert the following:
SEC. 1027. 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.
____
AMENDMENT NO. 3412
(Purpose: To impose requirements for the implementation of the Navy-
Marine Corps Intranet)
Beginning on page 295, after line 22, insert the following:
(e) Phased Implementation To Commence During Fiscal Year
2001--The Secretary of the Navy shall commence a phased
implementation of the Navy-Marine Corps Intranet during
fiscal year 2001. For the implementation in that fiscal
year--
(1) not more than fifteen percent of the total number of
work stations to be provided under the Navy-Marine Corps
Intranet program may be provided in the first quarter of such
fiscal year; and
(2) no additional work stations may be provided until--
(A) the Secretary has conducted operational testing of the
Intranet; and
(B) the Chief Information Officer of the Department of
Defense has certified to the Secretary that the results of
the operational testing of the Intranet are acceptable.
(f) Impact on Federal Employees.--The Secretary shall
mitigate any adverse impact of the implementation of the
Navy-Marine Corps Intranet on civilian employees of the
Department of the Navy who, as of the date of the enactment
of this Act, are performing functions that are included in
the scope of the Navy-Marine Corps Intranet program by--
(1) developing a comprehensive plan for the transition of
such employees to the performance of other functions within
the Department of the Navy;
(2) taking full advantage of transition authorities
available for the benefit of employees;
(3) encouraging the retraining of employees who express a
desire to qualify for reassignment to the performance of
other functions within the Department of the Navy; and
(4) including a provision in the Navy-Marine Corps Intranet
contract that requires the contractor to provide a preference
for hiring employees of the Department of the Navy who, as of
the date of the enactment of this Act, are performing
functions that are included in the scope of the contract.
____
AMENDMENT NO. 3413
(Purpose: To enhance authorities relating to education partnerships to
encourage scientific study)
On page 53, after line 23, add the following:
SEC. 243. ENHANCEMENT OF AUTHORITIES REGARDING EDUCATION
PARTNERSHIPS FOR PURPOSES OF ENCOURAGING
SCIENTIFIC STUDY.
(a) Assistance in Support of Partnerships.--Subsection (b)
of section 2194 of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
and is encouraged to provide,'' after ``may provide'';
(2) in paragraph (1), by inserting before the semicolon the
following: ``for any purpose and duration in support of such
agreement that the director considers appropriate''; and
(3) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) notwithstanding the provisions of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.) or any provision of law or regulation relating
to transfers of surplus property, transferring to the
institution any defense laboratory equipment (regardless of
the nature of type of such equipment) surplus to the needs of
the defense laboratory that is determined by the director to
be appropriate for support of such agreement;''.
(b) Defense Laboratory Defined.--Subsection (e) of that
section is amended to read as follows:
``(e) In this section:
``(1) The term `defense laboratory' means any laboratory,
product center, test center, depot, training and educational
organization, or operational command under the jurisdiction
of the Department of Defense.
``(2) The term `local educational agency' has the meaning
given such term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).''.
____
AMENDMENT NO. 3414
(Purpose: To make available, with an offset, an additional $5,000,000
for research, development, test, and evaluation for the Army for
Concepts Experimentation Program (PE605326A) for test and evaluation of
future operational technologies for use by mounted maneuver forces)
On page 48, between lines 20 and 21, insert the following:
SEC. 222. OPERATIONAL TECHNOLOGIES FOR MOUNTED MANEUVER
FORCES.
(a) Increase in Amount.--(1) The amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army is hereby increased by
$5,000,000.
[[Page S5080]]
(2) Of the amount authorized to be appropriated by section
201(1), as increased by paragraph (1), the amount available
for Concepts Experimentation Program (PE605326A) is hereby
increased by $5,000,000, with the amount of such increase
available for test and evaluation of future operational
technologies for use by mounted maneuver forces.
(b) Offset.--The amount authorized to be appropriated by
section 201(4) for research, development, test, and
evaluation Defense-wide is hereby decreased by $5,000,000,
with the amount of such decrease to be applied to Computing
Systems and Communications Technology (PE602301E).
____
AMENDMENT NO. 3415
(Purpose: To provide for the development of a Marine Corps Heritage
Center at Marine Corps Base, Quantico, Virginia)
On page 546, following line 13, add the following:
SEC. 2882. DEVELOPMENT OF MARINE CORPS HERITAGE CENTER AT
MARINE CORPS BASE, QUANTICO, VIRGINIA.
(a) Authority To Enter Into Joint Venture for
Development.--The Secretary of the Navy may enter into a
joint venture with the Marine Corps Heritage Foundation, a
not-for-profit entity, for the design and construction of a
multipurpose facility to be used for historical displays for
public viewing, curation, and storage of artifacts, research
facilities, classrooms, offices, and associated activities
consistent with the mission of the Marine Corps University.
The facility shall be known as the Marine Corps Heritage
Center.
(b) Authority To Accept Certain Land.--(1) The Secretary
may, if the Secretary determines it to be necessary for the
facility described in subsection (a), accept without
compensation any portion of the land known as Locust Shade
Park which is now offered by the Park Authority of the County
of Prince William, Virginia, as a potential site for the
facility.
(2) The Park Authority may convey the land described in
paragraph (1) to the Secretary under this section without
regard to any limitation on its use, or requirement for its
replacement upon conveyance, under section 6(f)(3) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
8(f)(3)) or under any other provision of law.
(c) Design and Construction.--For each phase of development
of the facility described in subsection (a), the Secretary
may--
(1) permit the Marine Corps Heritage Foundation to contract
for the design, construction, or both of such phase of
development; or
(2) accept funds from the Marine Corps Heritage Foundation
for the design, construction, or both of such phase of
development.
(d) Acceptance Authority.--Upon completion of construction
of any phase of development of the facility described in
subsection (a) by the Marine Corps Heritage Foundation to the
satisfaction of the Secretary, and the satisfaction of any
financial obligations incident thereto by the Marine Corps
Heritage Foundation, the facility shall become the property
of the Department of the Navy with all right, title, and
interest in and to facility being in the United States.
(e) Lease of Facility.--(1) The Secretary may lease, under
such terms and conditions as the Secretary considers
appropriate for the joint venture authorized by subsection
(a), portions of the facility developed under that subsection
to the Marine Corps Heritage Foundation for use in generating
revenue for activities of the facility and for such
administrative purposes as may be necessary for support of
the facility.
(2) The amount of consideration paid the Secretary by the
Marine Corps Heritage Foundation for the lease under
paragraph (1) may not exceed an amount equal to the actual
cost (as determined by the Secretary) of the operation of the
facility.
(3) Notwithstanding any other provision of law, the
Secretary shall use amounts paid under paragraph (2) to cover
the costs of operation of the facility.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the joint venture authorized by subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
____
AMENDMENT NO. 3416
(Purpose: To require a the Army National Guard to carry out a
demonstration project to provide Internet access and services to rural
communities that are unserved or underserved by the Internet)
On page 58, between lines 7 and 8, insert the following:
SEC. 313. DEMONSTRATION PROJECT FOR INTERNET ACCESS AND
SERVICES IN RURAL COMMUNITIES.
(a) In General.--The Secretary of the Army, acting through
the Chief of the National Guard Bureau, shall carry out a
demonstration project to provide Internet access and services
to rural communities that are unserved or underserved by the
Internet.
(b) Project Elements.--In carrying out the demonstration
project, the Secretary shall--
(1) establish and operate distance learning classrooms in
communities described in subsection (a), including any
support systems required for such classrooms; and
(2) subject to subsection (c), provide Internet access and
services in such classrooms through GuardNet, the
telecommunications infrastructure of the National Guard.
(c) Availability of Access and Services.--Under the
demonstration project, Internet access and services shall be
available to the following:
(1) Personnel and elements of governmental emergency
management and response entities located in communities
served by the demonstration project.
(2) Members and units of the Army National Guard located in
such communities.
(3) Businesses located in such communities.
(4) Personnel and elements of local governments in such
communities.
(5) Other appropriate individuals and entities located in
such communities.
(d) Report.--Not later than February 1, 2005, the Secretary
shall submit to Congress a report on the demonstration
project. The report shall describe the activities under the
demonstration project and include any recommendations for the
improvement or expansion of the demonstration project that
the Secretary considers appropriate.
(e) Funding.--(1) The amount authorized to be appropriated
by section 301(10) for operation and maintenance of the Army
National Guard is hereby increased by $15,000,000.
(2) Of the amount authorized to be appropriated by section
301(10), as increased by paragraph (1), $15,000,000 shall be
available for the demonstration project required by this
section.
(3) It is the sense of Congress that requests of the
President for funds for the National Guard for fiscal years
after fiscal year 2001 should provide for sufficient funds
for the continuation of the demonstration project required by
this section.
____
AMENDMENT NO. 3417
(Purpose: To authorize, with an offset, $300,000 for research,
development, test, and evaluation Defense-wide for Generic Logistics
Research and Development Technology Demonstrations (PE603712S) for air
logistics technology)
On page 48, between lines 20 and 21, insert the following:
SEC. 222. AIR LOGISTICS TECHNOLOGY.
(a) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(4) for research, development,
test, and evaluation Defense-wide, the amount available for
Generic Logistics Research and Development Technology
Demonstrations (PE603712S) is hereby increased by $300,000,
with the amount of such increase available for air logistics
technology.
(b) Offset.--Of the amount authorized to be appropriated by
section 201(4), the amount available for Computing Systems
and Communications Technology (PE602301E) is hereby decreased
by $300,000.
____
AMENDMENT NO. 3418
(Purpose: To authorize the President to award a gold medal on behalf of
Congress to General Wesley K. Clark, United States Army, in recognition
of his outstanding leadership and service during the military
operations against the Federal Republic of Yugoslavia (Serbia and
Montenegro))
On page 415, between lines 2 and 3, insert the following:
SEC. 1061. AWARD OF CONGRESSIONAL GOLD MEDAL TO GENERAL
WESLEY K. CLARK.
(a) Findings.--Congress makes the following findings:
(1) While serving as Supreme Allied Commander in Europe,
General Wesley K. Clark demonstrated the highest degree of
professionalism in leading over 75,000 troops from 37
countries in military operations against the Federal Republic
of Yugoslavia (Serbia and Montenegro).
(2) General Clark's 34 years of outstanding service as an
Army officer gave him the ability to effectively mobilize and
command multinational air and ground forces in the Balkans.
(3) The forces led by General Clark succeeded in halting
the Serbian government's human rights abuses in Kosovo and
permitted a safe return of refugees to their homes.
(4) Under the leadership of General Clark, NATO forces
launched successful air and ground attacks against Serbian
military forces with a minimum of losses.
(5) As the Supreme Allied Commander in Europe, General
Clark continued the history of the American military of
defending the rights of all people to live their lives in
peace and freedom, and he should be recognized for his
tremendous achievements by the award of a Congressional Gold
Medal.
(b) Congressional Gold Medal.--
(1) Presentation authorized.--The President is authorized
to present, on behalf of the Congress, a gold medal of
appropriate design to General Wesley K. Clark, in recognition
of his outstanding leadership and service as Supreme Allied
Commander in Europe during the military operations against
the Federal Republic of Yugoslavia (Serbia and Montenegro).
(2) Design and striking.--For the purpose of the
presentation referred to in paragraph (1), the Secretary of
the Treasury (hereafter in this section referred to as the
``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Duplicate Medals.--The Secretary may strike and sell
duplicates in bronze of
[[Page S5081]]
the gold medal struck pursuant to subsection (b) under such
regulations as the Secretary may prescribe, and at a price
sufficient to cover the costs thereof, including labor,
materials, dies, use of machinery, overhead expenses, and the
cost of the gold medal.
(d) National Medals.--The medals struck pursuant to this
section are national medals for purposes of chapter 51 of
title 31, United States Code.
(e) Authorization of Appropriations; Proceeds of Sale.--
(1) Authorization of appropriations.--There authorized to
be charged against the Numismatic Public Enterprise Fund an
amount not to exceed $30,000 to pay for the cost of the medal
authorized by this section.
(2) Proceeds of sale.--Amounts received from the sales of
duplicate bronze medals under subsection (c) shall be
deposited in the Numismatic Public Enterprise Fund.
____
AMENDMENT NO. 3419
(Purpose: To conform the requirement for verbatim records of the
proceedings of special courts-martial to the increased punishment
authority of special courts-martial)
On page 200, after line 23, insert the following:
SEC. 566. VERBATIM RECORDS IN SPECIAL COURTS-MARTIAL.
(a) When Required.--Subsection (c)(1)(B) of section 854 of
title 10, United States Code (article 54 of the Uniform Code
of Military Justice), is amended by inserting after ``bad-
conduct discharge'' the following: ``, confinement for more
than six months, or forfeiture of pay for more than six
months''.
(b) Retroactive Effective Date.--The amendment made by
subsection (a) shall take effect as of April 1, 2000, and
shall apply with respect to charges referred on or after that
date to trial by special courts-martial.
____
AMENDMENT NO. 3420
(Purpose: To require the Secretary of Defense to prescribe policies and
procedures for Department of Defense decisionmaking on actions to be
taken in cases of false claims submitted to the Department of Defense)
On page 415, between lines 2 and 3, insert the following:
SEC. 1061. DEPARTMENT OF DEFENSE PROCESS FOR DECISIONMAKING
IN CASES OF FALSE CLAIMS.
(a) Policies and Procedures.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Defense shall prescribe 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.
(b) Referral and Intervention Decisions.--The policies and
procedures shall specifically require that--
(1) an official at an appropriately high level in the
Department of Defense make the decision on whether to refer
to the Attorney General a case involving a claim submitted to
the Department of Defense or to recommend that the Attorney
General intervene in, or seek dismissal of, a qui tam action
involving such a claim; and
(2) before making any such decision, the official
determined appropriate under the policies and procedures take
into consideration the applicable laws, regulations, and
agency guidance implementing the laws and regulations, and an
examination of all of the available alternative remedies.
(c) Report.--(1) Not later than February 1, 2001, the
Secretary of Defense shall submit to Congress a report on the
Qui Tam Review Panel, including its status.
(2) For the purposes of paragraph (1), the Qui Tam Review
Panel is the panel that was established by the Secretary of
Defense for an 18-month trial period to review extraordinary
cases of qui tam actions involving false contract claims
submitted to the Department of Defense.
____
amendment no. 3421
(Purpose: Expressing the sense of the Senate that long-term economic
development aid should be immediately provided to assist communities
rebuilding from Hurricane Floyd)
At the appropriate place, insert the following:
SEC. . SENSE OF THE SENATE.
(a) Findings.--The Senate finds that--
(1) during September 1999, Hurricane Floyd ran a path of
destruction along the entire eastern seaboard from Florida to
Maine;
(2) Hurricane Floyd was the most destructive natural
disaster in the history of the State of North Carolina and
most costly natural disaster in the history of the State of
New Jersey;
(3) the Federal Emergency Management Agency declared
Hurricane Floyd the eighth worst natural disaster of the past
decade;
(4) although the Federal Emergency Management Agency
coordinates the Federal response to natural disasters that
exceed the capabilities of State and local governments and
assists communities to recover from those disasters, the
Federal Emergency Management Agency is not equipped to
provide long-term economic recovery assistance;
(5) it has been 9 months since Hurricane Floyd and the
Nation has hundreds of communities that have yet to recover
from the devastation caused by that disaster;
(6) in the past, Congress has responded to natural
disasters by providing additional economic community
development assistance to communities recovering from those
disasters, including $250,000,000 for Hurricane Georges in
1998, $552,000,000 for Red River Valley Floods in North
Dakota in 1997, $25,000,000 for Hurricanes Fran and Hortense
in 1996, and $725,000,000 for the Northridge Earthquake in
California in 1994;
(7) additional assistance provided by Congress to
communities recovering from natural disasters has been in the
form of community development block grants administered by
the Department of Housing and Urban Development
Administration;
(8) communities affected by Hurricane Floyd are facing
similar recovery needs as have victims of other natural
disasters and will need long-term economic recovery plans to
make them strong again; and
(9) on April 7, 2000, the Senate passed amendment number
3001 to S. Con. Res. 101, which amendment would allocate
$250,000,000 in long-term economic development aid to assist
communities rebuilding from Hurricane Floyd, including
$150,000,000 in community development block grant funding and
$50,000,000 in rural facilities grant funding.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) communities devastated by Hurricane Floyd should know
that, in the past, Congress has responded to natural
disasters by demonstrating a commitment to helping affected
States and communities to recover;
(2) the Federal response to natural disasters has
traditionally been quick, supportive, and appropriate;
(3) recognizing that communities devastated by Hurricane
Floyd are facing tremendous challenges as they begin their
recovery, the Federal agencies that administer community and
regional development programs should expect an increase in
applications and other requests from these communities;
(4) community development block grants administered by the
Department of Housing and Urban Development, grant programs
administered by the Economic Development Administration, and
the Community Facilities Grant Program administered by the
Department of Agriculture are resources that communities have
used to accomplish revitalization and economic development
following natural disasters; and
(5) additional community and regional development funding,
as provided for in amendment number 3001 to S. Con. Res. 101,
as passed by the Senate on April 7, 2000, should be
appropriated to assist communities in need of long-term
economic development aid as a result of damage suffered by
Hurricane Floyd.
____
amendment no. 3422
(Purpose: To amend S. 2549, to provide for the coverage and treatment
of unutilized and underutilized plant-capacity costs of United States
arsenals when making supplies and providing services for the United
States Armed Forces)
At the end of title III, subtitle D insert the following:
SEC. . UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS OF
UNITED STATES ARSENALS.
(a) Unutilized and Underutilized Plant Capacity at United
States Arsenals.--S. 2549 is amended by adding the following:
(b) Unutilized and Underutilized Plant Capacity at United
States Arsenals.--
(1) The Secretary shall submit to Congress each year,
together with the President's budget for the fiscal year
beginning in such year under section 1105(a) of title 31, an
estimate of the funds to be required in the fiscal year in
order to cover the costs of operating and maintaining
unutilized and underutilized plant capacity at United States
arsenals.
(2) Funds appropriated to the Secretary for a fiscal year
for costs described in paragraph (1) shall be utilized by the
Secretary in such fiscal year only to cover such costs.
(3) Notwithstanding any other provision of law, the
Secretary shall not include unutilized or underutilized
plant-capacity costs when evaluating an arsenal's bid for
purposes of the arsenal's contracting to provide a good or
service to a United States government organization. When an
arsenal is subcontracting to a private-sector entity on a
good or service to be provided to a United States government
organization, the cost charged by the arsenal shall not
include unutilized or underutilized plant-capacity costs that
are funded by a direct appropriation.
(c) Definition of Unutilized and Underutilized Plant-
Capacity Costs.--For purposes of this section, the term
``unutilized and underutilized plant-capacity cost'' shall
mean the cost associated with operating and maintaining
arsenal facilities and equipment that the Secretary of the
Army determines are required to be kept for mobilization
needs, in those months in which the facilities and equipment
are not used or are used only 20% or less of available work
days.
Mr. FITZGERALD. Mr. President, this is an amendment that corrects a
flaw in Department of Defense procurement rules that has increased
military costs and had a severe impact on this nation's arsenals.
Recently implemented rules requires U.S. arsenals to overstate their
true cost of supplying goods and services to the military. As a result,
arsenals have been losing bids
[[Page S5082]]
on contracts under competitive bidding procedures, even when use of an
arsenal would lead to lower overall costs for the Department of
Defense. This quirk in the rules has not only increased Department of
Defense expenditures; it has also led to severe underutilization of the
arsenals, threatening the viability of an invaluable national resource.
Under Defense Working Capital Fund procurement rules, which were
implemented in 1996, government-owned military suppliers are required
to charge the military the full cost of any good or service that they
supply to the Armed Forces. The idea behind these rules was to
discourage overconsumption of goods and services by the military, and
to promote cost transparency--to make it clear to the government how
much it was paying to have a good or service supplied by a government-
owned facility. Individual military departments were encouraged to seek
the lowest price available for goods and services--and to allow private
companies to compete with government-owned facilities for military
contracts.
Unfortunately, the DWCF rules also include a number of provisions
that place domestic facilities at a substantial disadvantage to their
private competitors. The domestic suppliers are required to include a
number of items in their contract bids that are unrelated to their
marginal cost of actually supplying a good or and service to the
military. For example, suppliers are now required to bill their net
capital investment costs in a given year to all of their customers in
that year--even if the equipment that was purchased has no relation to
the customers' contracts. More severe for the arsenals is the DWCF
rules' treatment of reserve capacity. All U.S. arsenals are required to
maintain excess capacity, in order to be able to ramp up production
immediately in the event of a war or military crisis. This unused plant
capacity is something that no private business would maintain--a
private business would simply sell off or lease out its unused assets.
And the costs of maintaining this capacity are substantial. But DWCF
rules, as they presently exist, require the arsenals to include reserve
capacity costs in their bids when they compete with private companies
for military contracts.
The results of this system have been predictable. Arsenals have
repeatedly lost work to private companies, even when the true marginal
cost of having the work performed by an arsenal is less than the price
charged by a private contractor. Moreover, the United States government
ends up paying for the arsenals' unused capacity anyway--either through
higher costs on other arsenal contracts, or through accumulated
operating deficits built up by the arsenals. Though the individual
military department saves money when its purchasing agents buy from a
private contractor instead of an arsenal, when those purchasing
decisions are driven by avoidance of reserve capacity costs, the
military as a whole loses. The government pays for reserve capacity
anyway, and the military pays more to have the work done by a private
company that the true marginal cost of having it done by an arsenal.
These conclusions are confirmed by a 1999 Department of Defense
report on the DWCF system. The Defense Working Capital Fund Task
Force's Issue Paper emphasizes that under the current system, though
immediate purchasers may pay a lower price, ``the DoD will ultimately
pay twice for maintaining both the essential organic capability as well
as contracting out'' for the good or service. The DWCF rules'
overpricing of arsenal services not only ``encourage[] behavior that is
not optimal for the military as a whole,'' it also leads to an
increasing disparity between military and private suppliers that
``results in an increasing abandonment of DWCF services.''
For these reasons, I introduce the present amendment. This amendment
provides for direct funding of unused plant-capacity costs at United
States arsenals. By removing these reserve-capacity costs from arsenal
bid prices, the amendment would allow arsenals to compete on an equal
footing with private companies. And by allowing arsenal prices to
reflect true marginal costs, it would not only bring more business to
the arsenals; it would save money for the government. No longer would
military purchasers be discouraged from using an arsenal when its
actual marginal costs--those that would be charged by a private
business--are less than the prices charged by a private contractor. And
finally, direct funding would promote the goal of cost transparency--
the original goal of the DWCF system. Separately budgeting for reserve
capacity--while also allowing arsenal prices to reflect the true costs
of providing goods and services.
Finally, I wish to emphasize that allowing the arsenals to fall into
disuse would be a grave loss for the United States military. In my home
state of Illinois, the Rock Island Arsenal has long been an important
military resource. It is a proven, cost-effective producer of high-
quality military equipment. It has also served as a valuable supplier
of last resort, providing mission-critical parts and services to the
Department of Defense when private contractors have lacked capacity or
breached their contracts. The arsenal has been called on to provide M16
gun bolts when a private contractor defaulted on a contract. It has
also produced mission-critical shims and pins for the Apache helicopter
when outside suppliers were unable to meet the Army's deadline.
The U.S. government acquired Rock Island, which lies in the
Mississippi River between Illinois and Iowa, in 1804. The first U.S.
military base on the island was Fort Armstrong, established in 1816. In
1862, Congress passed a law that established the Rock Island Arsenal.
Construction of the first manufacturing buildings began in 1866 and
finished with the last stone shop in 1893.
In the late 1980s, the Department of Defense invested $222 million in
Rock Island Arsenal's capabilities. The arsenal is now the Department
of Defense's only general-purpose metal manufacturing facility,
providing forging, sheet metal, and welding and heat treating
operations that cover the entire range of technologically feasible
processes. The Rock Island Arsenal also has a machine shop capable of
specialized operations such as gear cutting, die sinking, and tool
making; a paint shop certified to apply chemical agent resistant
coatings to items as large as tanks; and a plating shop that can apply
chrome, nickel, cadmium, and copper and can galvanize, parkerize,
anodize, and apply oxide finishes.
Direct budgeting of unused plant capacity will allow arsenals' bids
to reflect their true marginal costs of production and service, thereby
increasing efficient use of the arsenals, reducing costs for the
Department of Defense as a whole, and preserving an invaluable military
resource.
amendment no. 3423
At the appropriate place, insert the following:
SEC. . REGARDING LAND CONVEYANCE, MARINE CORPS BASE, CAMP
LEJEUNE, NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey, to the city of Jacksonville, North Carolina (City),
all right, title and interest of the United States in and to
real property, including improvements thereon, and currently
leased to Norfolk Southern Corporation (NSC), consisting of
approximately 50 acres, known as the railroad right-of-way,
lying within the City between Highway 24 and Highway 17, at
the Marine Corps Base, Camp Lejeune, North Carolina, for the
purpose of permitting the City to develop the parcel for
initial use as a bike/green way trail.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall reimburse the Secretary
such amounts (as determined by the Secretary) equal to the
costs incurred by the Secretary in carrying out the
provisions of this section, including, but not limited to,
planning, design, surveys, environmental assessment and
compliance, supervision and inspection of construction,
severing and realigning utility systems, and other prudent
and necessary actions, prior to the conveyance authorized by
subsection (a). Amounts collected under this subsection shall
be credited to the account(s) from which the expenses were
paid. Amounts so credited shall be merged with funds in such
account(s) and shall be available for the same purposes and
subject to the same limitations as the funds with which
merged.
(c) Condition of Conveyance.--The right of the Secretary of
the Navy to retain such easements, rights of way, and other
interests in the property conveyed and to impose such
restrictions on the property conveyed as are necessary to
ensure the effective security, maintenance, and operations of
the Marine Corps Base, Camp Lejeune, North Carolina, and to
protect human health and the environment.
(d) Description of the Property.--The exact acreage and
legal description of the
[[Page S5083]]
real property authorized to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary
of the Navy.
(e) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and connection with
the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
____
AMENDMENT NO. 3424
(Purpose: To authorize, with an offset, $1,450,000 for a contribution
by the Air National Guard to construction of a new airport tower at
Cheyenne Airport, Cheyenne, Wyoming)
On page 503, between lines 5 and 6, insert the following:
SEC. 2602. AUTHORIZATION FOR CONTRIBUTION TO CONSTRUCTION OF
AIRPORT TOWER, CHEYENNE AIRPORT, CHEYENNE,
WYOMING.
(a) Increase in Amount Authorized for Air National Guard.--
The amount authorized to be appropriated by section
2601(3)(A) is hereby increased by $1,450,000.
(b) Offset.--The amounts authorized to be appropriated by
section 2403(a), and by paragraph (2) of that section, are
each hereby reduced by $1,450,000. The amount of the
reduction shall be allocated to the project authorized in
section 2401(b) for the Tri-Care Management Agency for the
Naval Support Activity, Naples, Italy.
(c) Availability of Funds for Contribution to Tower.--Of
the amounts authorized to be appropriated by section
2601(3)(A), as increased by subsection (a), $1,450,000 shall
be available to the Secretary of the Air Force for a
contribution to the costs of construction of a new airport
tower at Cheyenne Airport, Cheyenne, Wyoming.
(d) Authority To Make Contribution.--The Secretary may,
using funds available under subsection (c), make a
contribution, in an amount considered appropriate by the
Secretary and consistent with applicable agreements, to the
costs of construction of a new airport tower at Cheyenne
Airport, Cheyenne, Wyoming.
Mr. WARNER. Mr. President, I understand under the unanimous consent
request, the Senate is ready to turn to the consideration of the
Transportation bill.
Mr. LEVIN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. WARNER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. Mr. President, I inform the Senate that we are currently
under a unanimous consent request whereby the authorization bill for
Defense is laid aside and we are going to the question of the
Transportation appropriations.
Am I not correct in that?
The PRESIDING OFFICER. The Senator is correct.
Mr. WARNER. The reason for the quorum call is to accommodate the
chairman of the Subcommittee on Appropriations who will be here, as I
understand it, momentarily.
Senator Levin and I have just had the opportunity to talk on the
telephone with the Secretary of Energy. It had been our intention and
the Committee on Armed Services is currently scheduled to have a
hearing at 9:30 tomorrow morning on the problems associated with the
missing disks at the Los Alamos Laboratories.
In view of the fact that at least one committee--the Energy
Committee, and I think to some extent the Intelligence Committee--are
conducting the hearing on this subject now, and basically the same
witnesses would be involved, Senator Levin and I are of the opinion
that time should be given for the Secretary of Energy and/or his staff
to make certain assessments, and then we would proceed to address these
issues in our committee.
I point out that our committee has explicit jurisdiction over these
problems under the Standing Rules of the Senate. Nevertheless, other
committees are looking at the situation. Secretary Richardson has
agreed to appear as a witness before our committee, together with
General Habinger, Ed Curran, and the Lab Director of Los Alamos. We
will have that group of witnesses on Wednesday morning beginning at
9:30.
Senator Levin and I wish to notify Senators that we are rescheduling
the hearing for tomorrow morning until 9:30 next Wednesday morning.
I ask Senator Levin if he wishes to add anything.
Mr. LEVIN. Mr. President, only that John Brown is the fourth witness
who will be invited. He is the Director at the Los Alamos Lab.
____________________