[Congressional Record Volume 148, Number 83 (Thursday, June 20, 2002)]
[Senate]
[Pages S5836-S5841]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2003--Continued
Amendment No. 3938
Mr. LEVIN. Mr. President, I offer an amendment on behalf of Senator
Warner and myself that would authorize the Department of Defense to
cancel longstanding debit and credit transactions that cannot be
cleared from the Department's books because they have been misrecorded
in the wrong appropriation. I believe this amendment has been cleared.
Mr. WARNER. Mr. President, it has been cleared on our side, also.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for himself and Mr.
Warner, proposes an amendment numbered 3938.
The amendment is as follows:
(Purpose: To authorize clearance of certain transactions recorded in
Treasury suspense accounts and cancellation of certain check issuance
discrepancies in Treasury records, all of which relate to financial
transactions of the Department of Defense)
On page 217, between lines 13 and 14, insert the following:
SEC. 1010. CLEARANCE OF CERTAIN TRANSACTIONS RECORDED IN
TREASURY SUSPENSE ACCOUNTS AND RESOLUTION OF
CERTAIN CHECK ISSUANCE DISCREPANCIES.
(a) Clearing of Suspense Accounts.--(1) In the case of any
transaction that was entered into by or on behalf of the
Department of Defense before March 1, 2001, that is recorded
in the Department of Treasury Budget Clearing Account
(Suspense) designated as account F3875, the Unavailable Check
Cancellations and Overpayments (Suspense) designated as
account F3880, or an Undistributed Intergovernmental Payments
account designated as account F3885, and for which no
appropriation for the Department of Defense has been
identified--
(A) any undistributed collection credited to such account
in such case shall be deposited to the miscellaneous receipts
of the Treasury; and
(B) subject to paragraph (2), any undistributed
disbursement recorded in such account in such case shall be
canceled.
(2) An undistributed disbursement may not be canceled under
paragraph (1) until the Secretary of Defense has made a
written determination that the appropriate official or
officials of the Department of Defense have attempted without
success to locate the documentation necessary to demonstrate
which appropriation should be charged and further efforts are
not in the best interests of the United States.
(b) Resolution of Check Issuance Discrepancies.--(1) In the
case of any check drawn on the Treasury that was issued by or
on behalf of the Department of Defense before October 31,
1998, for which the Secretary of the Treasury has reported to
the Department of Defense a discrepancy between the amount
paid and the amount of the check as transmitted to the
Department of Treasury, and for which no specific
appropriation for the Department of Defense can be identified
as being associated with the check, the discrepancy shall be
canceled, subject to paragraph (2).
(2) A discrepancy may not be canceled under paragraph (1)
until the Secretary of Defense has made a written
determination that the appropriate official or officials of
the Department of Defense have attempted without success to
locate the documentation necessary to demonstrate which
appropriation should be charged and further efforts are not
in the best interests of the United States.
(c) Consultation.--The Secretary of Defense shall consult
the Secretary of the Treasury in the exercise of the
authority granted by subsections (a) and (b).
(d) Duration of Authority.--(1) A particular undistributed
disbursement may not be canceled under subsection (a) more
than 30 days after the date of the written determination made
by the Secretary of Defense under such subsection regarding
that undistributed disbursement.
(2) A particular discrepancy may not be canceled under
subsection (b) more than 30 days after the date of the
written determination made by the Secretary of Defense under
such subsection regarding that discrepancy.
(3) No authority may be exercised under this section after
the date that is two years after the date of the enactment of
this Act.
The PRESIDING OFFICER. If there is no further debate, the amendment
is agreed to.
The amendment (No. 3938) was agreed to.
Mr. LEVIN. Mr. President, I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3939
Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf
of myself and Senator Warner. It will establish a pilot program
allowing the Secretary of Defense to authorize the Defense Logistics
Agency to provide logistics support and services for weapons systems
contractors when it is in the best interest of the Government. I ask
for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for himself and Mr.
Warner, proposes an amendment numbered 3939.
The amendment is as follows:
(Purpose: To authorize the Secretary to provide logistics support and
logistics services to weapon system contractors)
On page 90, between lines 19 and 20, insert the following:
SEC. 346. LOGISTICS SUPPORT AND SERVICES FOR WEAPON SYSTEMS
CONTRACTORS.
(a) Authority.--The Secretary of Defense may make
available, in accordance with this section and the
regulations prescribed under subsection (e), logistics
support and logistics services to a contractor in support of
the performance by the contractor of a contract for the
construction, modification, or maintenance of a weapon system
that is entered into by an official of the Department of
Defense.
(b) Support Contracts.--Any logistics support and logistics
services that is to be provided under this section to a
contractor in support of the performance of a contract shall
be provided under a separate contract that is entered into by
the Director of the Defense Logistics Agency with that
contractor.
(c) Scope of Support and Services.--The logistics support
and logistics services that may be provided under this
section in support of the performance of a contract described
in subsection (a) are the distribution, disposal, and
cataloging of materiel and repair parts necessary for the
performance of that contract.
(d) Limitations.--(1) The number of contracts described in
subsection (a) for which the Secretary makes logistics
support and logistics services available under the authority
of this section may not exceed five contracts. The total
amount of the estimated costs of all such contracts for which
logistics support and logistics services are made available
under this section may not exceed $100,000,000.
(2) No contract entered into by the Director of the Defense
Logistics Agency under subsection (b) may be for a period in
excess of five years, including periods for which the
contract is extended under options to extend the contract.
(e) Regulations.--Before exercising the authority under
this section, the Secretary of Defense shall prescribe in
regulations such requirements, conditions, and restrictions
as the Secretary determines appropriate to ensure that
logistics support and logistics services are provided under
this section only
[[Page S5837]]
when it is in the best interests of the United States to do
so. The regulations shall include, at a minimum, the
following:
(1) A requirement for the authority under this section to
be used only for providing logistics support and logistics
services in support of the performance of a contract that is
entered into using competitive procedures (as defined in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403)).
(2) A requirement for the solicitation of offers for a
contract described in subsection (a), for which logistics
support and logistics services are to be made available under
this section, to include--
(A) a statement that the logistics support and logistics
services are to be made available under the authority of this
section to any contractor awarded the contract, but only on a
basis that does not require acceptance of the support and
services; and
(B) a description of the range of the logistics support and
logistics services that are to be made available to the
contractor.
(3) A requirement for the rates charged a contractor for
logistics support and logistics services provided to a
contractor under this section to reflect the full cost to the
United States of the resources used in providing the support
and services, including the costs of resources used, but not
paid for, by the Department of Defense.
(4) A requirement to credit to the General Fund of the
Treasury amounts received by the Department of Defense from a
contractor for the cost of logistics support and logistics
services provided to the contractor by the Department of
Defense under this section but not paid for out of funds
available to the Department of Defense.
(5) With respect to a contract described in subsection (a)
that is being performed for a department or agency outside
the Department of Defense, a prohibition, in accordance with
applicable contracting procedures, on the imposition of any
charge on that department or agency for any effort of
Department of Defense personnel or the contractor to correct
deficiencies in the performance of such contract.
(6) A prohibition on the imposition of any charge on a
contractor for any effort of the contractor to correct a
deficiency in the performance of logistics support and
logistics services provided to the contractor under this
section.
(f) Relationship to Treaty Obligations.--The Secretary
shall ensure that the exercise of authority under this
section does not conflict with any obligation of the United
States under any treaty or other international agreement.
(g) Termination of Authority.--(1) The authority provided
in this section shall expire on September 30, 2007, subject
to paragraph (2).
(2) The expiration of the authority under this section does
not terminate--
(A) any contract that was entered into by the Director of
the Defense Logistics Agency under subsection (b) before the
expiration of the authority or any obligation to provide
logistics support and logistics services under that contract;
or
(B) any authority--
(i) to enter into a contract described in subsection (a)
for which a solicitation of offers was issued in accordance
with the regulations prescribed pursuant to subsection (e)(2)
before the date of the expiration of the authority; or
(ii) to provide logistics support and logistics services to
the contractor with respect to that contract in accordance
with this section.
Mr. WARNER. Mr. President, this is an administration proposal, and
there is concurrence on both sides.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3939) was agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3940
Mr. LEVIN. Mr. President, on behalf of Senator Warner and myself, I
send an amendment to the desk which will transfer funding for the
Compass Call aircraft between two lines within the aircraft procurement
Air Force account. This is a technical correction that the Air Force
has asked we make in the budget request.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for himself and Mr.
Warner, proposes an amendment numbered 3940.
The amendment is as follows:
(Purpose: To provide for the amount for the Compass Call program of the
Air Force to be available within classified projects)
On page 23, between lines 12 and 13, insert the following:
SEC. 135. COMPASS CALL PROGRAM.
Of the amount authorized to be appropriated by section
103(1), $12,700,000 shall be available for the Compass Call
program within classified projects and not within the Defense
Airborne Reconnaissance Program.
Mr. WARNER. Mr. President, the amendment has been cleared on this
side.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3040) was agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3941
(Purpose: To reallocate $5,000,000 of the authorization of
appropriations for Other Procurement, Navy, for the integrated bridge
system to items less than $5,000,000 from the Aegis support equipment)
Mr. WARNER. Mr. President, I send an amendment to the desk and ask
for its immediate consideration, and I ask the clerk to read the
amendment.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Virginia [Mr. Warner], for Mr. Sessions,
proposes an amendment numbered 3941:
On page 17, strike line 14, and insert the following:
SEC. 121. INTEGRATED BRIDGE SYSTEM.
(a) Amount for Program.--Of the amount authorized to be
appropriated by section 102(a)(4), $5,000,000 shall be
available for the procurement of the integrated bridge system
in items less than $5,000,000.
(b) Offsetting Reduction.--Of the total amount authorized
to be appropriated by section 102(a)(4), the amount available
for the integrated bridge system in Aegis support equipment
is hereby reduced by $5,000,000.
Mr. WARNER. Mr. President, this is a technical amendment to correct
the procurement line associated with the integrated bridge system in
the other procurement and Navy funding account. My understanding is it
is cleared on the other side.
Mr. LEVIN. The amendment has been cleared, and we support it.
Mr. WARNER. I urge its adoption.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3941) was agreed to.
Mr. WARNER. I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3942
Mr. LEVIN. Mr. President, I send an amendment on behalf of Senator
Cleland to the desk. This amendment would strike section 344 of our
bill which added logistics support functions, acquisition logistics,
supply management, system engineering, maintenance, and modification
management to the core functions the Secretary of Defense must consider
when making determinations about what capabilities should be retained
by Government workers in Government-owned/Government-operated
facilities. I understand the amendment has been cleared.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for Mr. Cleland,
proposes an amendment numbered 3942.
The amendment is as follows:
(Purpose: To strike section 344, relating to clarification of core
logistics capabilities)
Strike section 344.
Mr. WARNER. Mr. President, this amendment has been cleared on this
side. I ask unanimous consent that a letter relevant to this amendment
be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
The Under Secretary of Defense,
Washington, DC, June 14, 2002.
Hon. Saxby Chambliss,
House of Representatives,
Washington, DC.
Dear Congressman Chambliss: I am writing regarding the
``clarification of required core logistics capabilities''
provisions of section 335 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as passed by the
House, and section 344 of the National Defense Authorization
Act for Fiscal Year 2003, as reported by the Senate Armed
Services Committee on May 15, 2002. These provisions would
expand the definition of core logistics functions from
maintenance and repair to include acquisition, supply,
systems engineering, and modification management.
[[Page S5838]]
The Department understands that the objective intended by
these provisions is to maintain the full range of logistics
capabilities necessary to support current and future
essential weapon systems and equipment over their entire life
cycle. Clearly, the Department has, and plans to retain, a
sufficient cadre of logistics specialties to meet this
objective. Specifically, we will retain sufficient supply,
maintenance and repair, and logistics program management
capabilities to sustain our essential equipment over its
entire life cycle with the appropriate mix of government
personnel, contractor personnel, and public-private
partnerships. The specific identification of these skills
will be documented through the ongoing Department of Defense
core competency review, through implementation of the Future
Logistics Enterprise (FLE) initiative, and with supporting
policies. I will report to the committee once the requirement
for these skills is appropriately documented.
We also understand that there is concern that the Air Force
has not yet completed a long-term depot strategy. The Air
Force will submit its long-term depot strategy to the
Congress in September 2002.
Thank you for considering our views in this matter.
Sincerely,
E.C. Aldridge, Jr.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3942) was agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3943
Mr. WARNER. Mr. President, I send an amendment to the desk on behalf
of Senator Collins of Maine which is a technical amendment to correct
the Navy research development funding line associated with the laser
welding and cutting program. My understanding is this amendment has
been cleared on the other side.
Mr. LEVIN. The amendment has been cleared.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Virginia [Mr. Warner], for Ms. Collins,
proposes an amendment numbered 3943.
The amendment is as follows:
(Purpose: To reallocate $6,000,000 of the authorization of
appropriations for RDT&E, Navy, for laser welding and cutting
demonstration to force protection applied research (PE 0602123N) from
surface ship and submarine HM&E advanced research (PE 0603508N)
On page 26, after line 22, insert the following:
SEC. 214. LASER WELDING AND CUTTING DEMONSTRATION.
(a) Amount for Program.--Of the total amount authorized to
be appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, $6,000,000 shall be
available for the laser welding and cutting demonstration in
force protection applied research (PE 0602123N).
(b) Offsetting Reduction.--Of the total amount authorized
to be appropriated by section 201(2) for research,
development, test, and evaluation for the Navy, the amount
available for laser welding and cutting demonstration in
surface ship and submarine HM&E advanced technology (PE
0603508N) is hereby reduced by $6,000,000.
Mr. WARNER. I urge adoption of the amendment.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3943) was agreed to.
Mr. WARNER. I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3944
Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf
of Senator Landrieu. This amendment would delete a requirement in the
bill that any waiver or deviation from a test and evaluation master
plan be approved by the director of operational test and evaluation. I
believe the amendment has been cleared.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for Ms. Landrieu,
proposes an amendment numbered 3944.
The amendment is as follows:
(Purpose: To make various amendments to the subtitle on improved
management of Department of Defense test and evaluation facilities)
On page 37, beginning on line 14, strike ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
insert ``Director of Operational Test and Evaluation''.
On page 41, line 14, strike ``Chapter 643'' and insert
``Chapter 645''.
On page 46, line 20, insert ``the Under Secretary of
Defense for Personnel and Readiness and'' after ``consult
with''.
Strike section 236 and insert the following:
SEC. 236. COMPLIANCE WITH TESTING REQUIREMENTS.
(a) Annual OT&E Report.--Subsection (g) of section 139 of
title 10, United States Code, is amended by inserting after
the fourth sentence the following: ``The report for a fiscal
year shall also include an assessment of the waivers of and
deviations from requirements in test and evaluation master
plans and other testing requirements that occurred during the
fiscal year, any concerns raised by the waivers or
deviations, and the actions that have been taken or are
planned to be taken to address the concerns.''.
(b) Reorganization of Provision.--Subsection (g) of such
section, as amended by subsection (a), is further amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by designating the second sentence as paragraph (2);
(3) by designating the third sentence as paragraph (3);
(4) by designating the matter consisting of the fourth and
fifth sentences as paragraph (4);
(5) by designating the sixth sentence as paragraph (5); and
(6) by realigning paragraphs (2), (3), (4), and (5), as so
designated, two ems from the left margin.
Mr. WARNER. Mr. President, the amendment has been cleared on this
side.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3944) was agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3945
Mr. WARNER. Mr. President, on behalf of Senators Grassley, Harkin,
and others I offer an amendment which extends the authority of the
Secretary of the Army to integrate commercial activity and
manufacturing arsenals until the year 2004. My understanding is the
amendment has been cleared on the other side.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Virginia [Mr. Warner], for Mr. Grassley,
for himself, Mr. Harkin, Mrs. Clinton, Mr. Schumer, Mr.
Durbin, Mr. Fitzgerald, and Mrs. Lincoln, proposes an
amendment numbered 3945.
The amendment is as follows:
(Purpose: To extend the Arsenal support program initiative)
At the end of subtitle D of title III, add the following:
SEC. 346. CONTINUATION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) Extension Through Fiscal Year 2004.--Subsection (a) of
section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-65) is amended by
striking ``and 2002'' and inserting ``through 2004''.
(b) Reporting Requirements.--Subsection (g) of such section
is amended--
(1) in paragraph (1), by striking ``2002'' and inserting
``2004''; and
(2) in paragraph (2), by striking the first sentence and
inserting the following new sentence: ``Not later than July
1, 2003, the Secretary of the Army shall submit to the
congressional defense committees a report on the results of
the demonstration program since its implementation, including
the Secretary's views regarding the benefits of the program
for Army manufacturing arsenals and the Department of the
Army and the success of the program in achieving the purposes
specified in subsection (b).''.
Mr. GRASSLEY. Mr. President, I am offering an amendment to
reauthorize the Arsenal Support Program Initiative, ASPI, for 2 more
years. This program has been successful but the need continues.
Both the Rock Island Arsenal and the Watervliet Arsenal are now
suffering from underutilization. Both are currently at under 30 percent
of their capacity. This underutilization has greatly affected overhead
rates at both arsenals, making it increasingly difficult to compete
with private industry. At the same time, the base of skilled arsenal
workers has steadily eroded.
I strongly believe that an organic industrial base must be maintained
if we are to be prepared to meet future, unanticipated national
security needs. Arsenals provide a valuable rapid manufacturing
capability for specialized
[[Page S5839]]
and unique defense manufacturing needs. The decline in skilled arsenal
workers is therefore particularly troubling in light of the new threats
our forces will face in the war on terrorism.
The ASPI addresses the problem of underutilization of arsenals by
encouraging private industry to utilize the arsenals. This provides a
way to help keep the arsenal industrial base warm, while helping to
save taxpayer dollars by supplementing arsenal overhead costs. The ASPI
has already helped initiate many beneficial relationships with private
industry. For instance, the Rock Island Arsenal currently has a
contract with the Quad City Labor Management Partnership, which
provides training to Rock Island Arsenal personnel in return for the
use of administrative space. Another company, TDF Corp., is currently a
tenant at the Rock Island Arsenal and the Arsenal is in discussions
with a cellular telephone company and others. The Watervliet Arsenal is
currently in the process of executing contracts with three different
private manufacturers and is exploring other possibilities. Pine Bluff
Arsenal has also taken advantage of contracts with the private sector
to provide additional revenue.
The Arsenal Support Program Initiative opens up new opportunities for
savings at our arsenals as well as making them more self-sufficient.
This program is a win-win situation for the Army, the arsenals and
industry, and I urge my colleagues to allow this program to continue.
Mr. HARKIN. Mr. President, I am pleased to be offering with Senator
Grassley and with our colleagues from Illinois, New York, and Arkansas,
a bipartisan amendment of importance to Rock Island Arsenal. This
amendment is needed for the continuation of the Arsenal Support Program
Initiative, or ASPI.
In 1992 we passed the ARMS initiative to help the ammunition plants,
including the Iowa Army Ammunition Plant, bring in commercial tenants
that would pay part of the cost of these large plants. The initiative
has been very successful and has saved taxpayers money. ASPI brings a
similar program to the Rock Island, Watervliet, and Pine Bluff
arsenals. Rock Island and the other arsenals have extraordinary
workforce, space, and equipment that are underutilized in peacetime
operations but are needed for wartime surge capabilities as well as
smaller critical emergencies. The costs of the underutilized space and
equipment must be paid for directly by taxpayers, or charged as
overhead to work at the arsenals, causing high prices to military
customers and, in an unfortunate spiral, decreasing utilization of the
arsenals. ASPI is intended to help bring in commercial firms to use the
available workforce, buildings, and equipment and help pay for their
costs.
ASPI was first passed in the fiscal year 01 Defense Authorization
bill as a two-year pilot program. It was funded for the first time last
year with $7.5 million in the fiscal year 02 Defense Appropriations
bill. This has not given enough time to get the program fully underway.
Thus this amendment would extend the program for two additional years,
through 2004. It also would update reporting requirements to help
Congress evaluate the program.
The arsenals have never been more important to our military
capabilities and have never faced more difficult times. Rock Island
Arsenal has a highly skilled and dedicated workforce, impressive
manufacturing capabilities, and a great history of service, but is not
being used enough. I am pleased that this bill has funding for the
unutilized capacity, but even better, this amendment should reduce the
need for such funds in the future. I have every hope that ASPI will be
as successful as the ARMS initiative, and will help Rock Island Arsenal
thrive in its mission to protect the national security. I am pleased
that Chairman Levin has agreed to accept this amendment, and as it is
identical to a provision in the House bill, I hope it will soon be
enacted into law.
Mr. WARNER. Mr. President, I believe this has been cleared on the
other side, and I urge its adoption.
Mr. LEVIN. The amendment has been cleared.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3945) was agreed to.
Mr. WARNER. I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3946
Mr. LEVIN. Mr. President, on behalf of Senators Cleland and
Hutchinson, I send an amendment to the desk which extends the term of
the multiyear procurement of C-130J variants to 6 program years. I
believe the amendment has been cleared.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for Mr. Cleland and
Mr. Hutchinson, proposes an amendment numbered 3946.
The amendment is as follows:
(Purpose: To authorize a 6-year period for a multiyear contract for the
procurement of C-130J aircraft and variants)
On page 17, line 23, insert before the period the
following: ``, and except that, notwithstanding subsection
(k) of such section, such a contract may be for a period of
six program years''.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3946) was agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3947
Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf
of Senator Cleland, a technical amendment to clarify the rate paid to
dependents using transferred benefits while the military sponsor is on
active duty. I believe the amendment has been cleared by the other
side.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for Mr. Cleland,
proposes an amendment numbered 3947.
The amendment is as follows:
(Purpose: To clarify the rate of educational assistance under the
Montgomery GI Bill for dependents transferred entitlement by members of
the Armed Forces with critical skills)
At the end of subtitle E of title VI, add the following:
SEC. 655. RATE OF EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI
BILL OF DEPENDENTS TRANSFERRED ENTITLEMENT BY
MEMBERS OF THE ARMED FORCES WITH CRITICAL
SKILLS.
(a) Clarification.--Section 3020(h) of title 38, United
States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``paragraphs (4) and (5)'' and inserting
``paragraphs (5) and (6)''; and
(B) by striking ``and at the same rate'';
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) Subject to subparagraph (B), the monthly rate of
educational assistance payable to a dependent to whom
entitlement is transferred under this section shall be the
monthly amount payable under sections 3015 and 3022 of this
title to the individual making the transfer.
``(B) The monthly rate of assistance payable to a dependent
under subparagraph (A) shall be subject to the provisions of
section 3032 of this title, except that the provisions of
subsection (a)(1) of that section shall not apply even if the
individual making the transfer to the dependent under this
section is on active duty during all or any part of
enrollment period of the dependent in which such entitlement
is used.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107), to which such amendments relate.
Mr. WARNER. Mr. President, it has been cleared on this side.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3947) was agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3948
Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf
of Senator Cleland, which would repeal a 10-percent limitation on
authority to grant officers in grades below brigadier general and rear
admiral (lower half) a
[[Page S5840]]
waiver of the required sequence of joint professional military
education and joint duty assignment.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for Mr. Cleland,
proposes an amendment numbered 3948.
The amendment is as follows:
(Purpose: To repeal a limitation on authority to grant officers in
grades of colonel (or captain, in the case of the Navy) and below a
waiver of the required sequence of joint professional military
education and joint duty assignment)
On page 100, between lines 3 and 4, insert the following:
SEC. 503. REPEAL OF LIMITATION ON AUTHORITY TO GRANT CERTAIN
OFFICERS A WAIVER OF REQUIRED SEQUENCE FOR
JOINT PROFESSIONAL MILITARY EDUCATION AND JOINT
DUTY ASSIGNMENT.
Section 661(c)(3)(D) of title 10, United States Code, is
amended by striking ``In the case of officers in grades below
brigadier general'' and all that follows through ``selected
for the joint specialty during that fiscal year.''.
Mr. WARNER. Mr. President, this amendment has been cleared on this
side.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3948) was agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3949
Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf
of Senator Cleland, which would extend for 1 year the authority of the
Secretary of Defense to contract with physicians to provide new-recruit
physicals at military entrance processing stations.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for Mr. Cleland,
proposes an amendment numbered 3949.
The amendment is as follows:
(Purpose: To extend temporary authority for entering into personal
services contracts for the performance of health care responsibilities
for the Armed Forces at locations other than military medical treatment
facilities)
On page 154, after line 20, add the following:
SEC. 708. EXTENSION OF TEMPORARY AUTHORITY FOR ENTERING INTO
PERSONAL SERVICES CONTRACTS FOR THE PERFORMANCE
OF HEALTH CARE RESPONSIBILITIES FOR THE ARMED
FORCES AT LOCATIONS OTHER THAN MILITARY MEDICAL
TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is
amended by striking ``December 31, 2002'' and inserting
``December 31, 2003''.
Mr. WARNER. Mr. President, the amendment has been cleared on this
side.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3949) was agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3950
Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf
of Senator Cleland, which would extend the temporary authority for
recall of retired aviators to active duty to September 30, 2008.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for Mr. Cleland,
proposes an amendment numbered 3950.
The amendment is as follows:
(Purpose: To extend the temporary authority for recall of retired
aviators)
On page 100 between lines 3 and 4, insert the following:
SEC. 503. EXTENSION OF TEMPORARY AUTHORITY FOR RECALL OF
RETIRED AVIATORS.
Section 501(e) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 589) is
amended by striking ``September 30, 2002'' and inserting
``September 30, 2008''.
Mr. WARNER. Mr. President, the amendment has been cleared on this
side.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3950) was agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 3951
Mr. LEVIN. Mr. President, on behalf of Senator Sessions and myself, I
send an amendment to the desk which would authorize the Secretary of
Defense to accept foreign gifts and donations for the Western
Hemisphere Institute for Security Cooperation and would require the
Secretary's annual report on the Institute to include the annual report
of the board of visitors. I send the amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for himself and Mr.
Sessions, proposes an amendment numbered 3951.
The amendment is as follows:
(Purpose: To authorize the Secretary of Defense to accept foreign gifts
and donations for the Western Hemisphere Institute for Security
Cooperation, and to require the Secretary's annual report on the
Institute to include the annual report of the Board of Visitor's for
the Institute)
On page 200, between lines 14 and 15, insert the following:
SEC. 905. WESTERN HEMISPHERE INSTITUTE FOR SECURITY
COOPERATION.
(a) Authority To Accept Foreign Gifts and Donations.--
Section 2166 of title 10, United States Code, is amended--
(1) by redesignating subsections (f), (g), and (h), as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Authority To Accept Foreign Gifts and Donations.--(1)
The Secretary of Defense may, on behalf of the Institute,
accept foreign gifts or donations in order to defray the
costs of, or enhance the operation of, the Institute.
``(2) Funds received by the Secretary under paragraph (1)
shall be credited to appropriations available for the
Department of Defense for the Institute. Funds so credited
shall be merged with the appropriations to which credited and
shall be available for the Institute for the same purposes
and same period as the appropriations with which merged.
``(3) The Secretary of Defense shall notify Congress if the
total amount of money accepted under paragraph (1) exceeds
$1,000,000 in any fiscal year. Any such notice shall list
each of the contributors of such money and the amount of each
contribution in such fiscal year.
``(4) For the purposes of this subsection, a foreign gift
or donation is a gift or donation of funds, materials
(including research materials), property, or services
(including lecture services and faculty services) from a
foreign government, a foundation or other charitable
organization in a foreign country, or an individual in a
foreign country.''.
(b) Content of Annual Report to Congress.--Subsection (i)
of such section, as redesignated by subsection (a)(1), is
amended by inserting after the first sentence the following:
``The report shall include a copy of the latest report of the
Board of Visitors received by the Secretary under subsection
(e)(5), together with any comments of the Secretary on the
Board's report.''.
Mr. LEVIN. Mr. President, the amendment that I am offering, along
with Senator Sessions, deals with two issues relating to the Western
Hemisphere Institute for Security Cooperation. Both of these issues
came to light during the first ever meeting of the Board of Visitors of
the Institute. Both Senator Sessions and I are members of the Board.
During the first Board meeting, which incidentally was an
organizational meeting, the Board was informed that there was a
question as to the authority of the Secretary of Defense to accept
foreign gifts or donations, including lecture services and faculty
services, on behalf of the Institute. The Board was further informed
that the loss of the foreign faculty instructors would severely hamper
the ability of the Institute to perform its mission.
Additionally, the Board of Visitors learned that its annual report to
the Secretary of Defense would not necessarily be submitted to
Congress. The Board considered that its annual report, which would
include its views and recommendations pertaining to the Institute,
including the curriculum, instruction, physical equipment, fiscal
affairs, and academic matters, should be submitted to Congress by the
Secretary of Defense along with the Secretary's comments.
[[Page S5841]]
Accordingly, the amendment we are offering would authorize the
Secretary of Defense to accept foreign gifts and donations for the
Institute, and would require the Secretary of Defense's annual report
to Congress on the Institute to include the annual report of the Board
of Visitors along with the Secretary's comments on the Board's report.
I ask my colleagues for their support for this amendment.
Mr. WARNER. Mr. President, it has been cleared on this side.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 3951) was agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LEVIN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________