[Congressional Record Volume 148, Number 83 (Thursday, June 20, 2002)]
[Senate]
[Pages S5866-S5877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3917. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 2514, to authorize appropriations for 
fiscal year 2003 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle C of title XXVIII, add the 
     following:

     SEC. 2829. LAND CONVEYANCE, FORT HOOD, TEXAS.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Veterans Land Board of 
     the State of Texas (in this section referred to as the 
     ``Board''), all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, consisting of approximately 174 acres 
     at Fort Hood, Texas, for the purpose of permitting the Board 
     to establish a State-run cemetery for veterans.
       (b) Reversionary Interest.--(1) If at the end of the five-
     year period beginning on the date of the conveyance 
     authorized by subsection (a), the Secretary determines that 
     the property conveyed under that subsection is not being used 
     for the purpose specified in that subsection, all right, 
     title, and interest in and to the property, including any 
     improvements thereon, shall revert to the United States, and 
     the United States shall have the right of immediate entry 
     thereon.
       (2) Any determination of the Secretary under this 
     subsection shall be made on the record after an opportunity 
     for a hearing.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the Board.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                  ____

  SA 3918. Mr. KENNEDY (for himself, Mr. Reed, Mr. Akaka, Mr. Feingold, 
and Mr. Durbin) submitted an amendment intended to be proposed by him 
to the bill S. 2514, to authorize appropriations for fiscal year 2003 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of division A, add the following:

              TITLE XIII--EQUAL COMPETITION IN CONTRACTING

     SEC. 1301. RELATION TO DEPARTMENT EFFORTS TO ACHIEVE MOST 
                   EFFICIENT ORGANIZATION FOR PERFORMANCE OF 
                   COMMERCIAL OR INDUSTRIAL FUNCTIONS.

       Nothing in this title is intended to limit the ability of 
     Secretary of Defense or the Secretary of a military 
     department to promote efficiencies in the civilian workforce 
     of the Department of Defense through reductions in force, 
     internal reorganization, or streamlining efforts.

     SEC. 1302. REQUIRED COST SAVINGS LEVEL FOR CHANGE OF FUNCTION 
                   TO CONTRACTOR PERFORMANCE.

       Section 2461(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraphs:

[[Page S5867]]

       ``(5)(A) A commercial or industrial type function of the 
     Department of Defense may not be changed to performance by 
     the private sector unless, as a result of the cost comparison 
     examination required under paragraph (3)(A) that meets the 
     requirements of subparagraph (B), at least a 10-percent cost 
     savings would be achieved by performance of the function by 
     the private sector over the period of the contract.
       ``(B) The cost comparison examination required under 
     paragraph (3)(A) shall employ the most efficient organization 
     process, the framework for calculating the public sector 
     price cost estimate, and the framework for calculating the 
     evaluated price for private sector proposals to take into 
     account costs such as contract administration costs, as 
     described in Office of Management and Budget Circular A-76 or 
     any successor regulation.
       ``(C) The cost savings requirement specified in 
     subparagraph (A) does not apply to any contract for the 
     following:
       ``(i) Special studies and analyses.
       ``(ii) Construction services.
       ``(iii) Architectural services.
       ``(iv) Engineering services.
       ``(v) Medical services.
       ``(vi) Scientific and technical services related to (but 
     not in support of) research and development.
       ``(vii) Depot-level maintenance and repair services.
       ``(viii) Services performed for any laboratory that is 
     owned or operated by the Department of Defense and is funded 
     exclusively through working-capital funds.
       ``(ix) Services related to the design and installation of 
     information technology (which does not include services 
     related to the management, operation, and maintenance of 
     information technology).
       ``(D) The Secretary of Defense may waive the cost savings 
     requirement if--
       ``(i) the written waiver is prepared by the Secretary of 
     Defense, or an Assistant Secretary of Defense or head of an 
     agency of the Department of Defense authorized by the 
     Secretary to do so; and
       ``(ii) the written waiver is accompanied by a detailed 
     determination that national security interests are so 
     compelling as to preclude compliance with the requirement for 
     a cost comparison examination.
       ``(E) A copy of the waiver under subparagraph (D) shall be 
     published in the Federal Register, although use of the waiver 
     is not contingent on its publication.
       ``(6) The reference to Office of Management and Budget 
     Circular A-76 in paragraph (5)(B) does not require the use of 
     the process described in that circular to perform the cost 
     comparison required by this subsection.''.

     SEC. 1303. APPLICABILITY OF STUDY AND REPORTING REQUIREMENTS 
                   TO NEW COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS.

       (a) New Functions.--Section 2461(a) of title 10, United 
     States Code, is amended--
       (1) by striking ``Change in Performance.--'' and inserting 
     ``Change in or Initiation of Performance.--(1)''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) In the case of a commercial or industrial type 
     function of the Department of Defense not previously 
     performed by Department of Defense civilian employees or a 
     contractor, the performance of the function by a private 
     sector source may not be initiated until--
       ``(A) the Secretary of Defense conducts a cost comparison 
     examination that employs the most efficient organization 
     process, the framework for calculating the public sector 
     price cost estimate, and the framework for calculating the 
     evaluated price for private sector proposals to take into 
     account costs such as contract administration costs, as 
     described in Office of Management and Budget Circular A-76 
     and its supplemental handbook, or any successor regulation 
     and policy; and
       ``(B) a determination is made that performance of the 
     function by the private sector source would be less costly 
     over the period of the contract than performance by 
     Department of Defense civilian employees during that same 
     period.
       ``(3) This subsection does not apply to the following 
     contracts:
       ``(A) A contract between the Department of Defense and a 
     private sector source for work with a contract value of less 
     than $1,000,000, for so long as the work was not divided, 
     modified, or in any way changed for the purpose of avoiding 
     the requirements of this section.
       ``(B) A contract for any of the following:
       ``(i) Special studies and analyses.
       ``(ii) Construction services.
       ``(iii) Architectural services.
       ``(iv) Engineering services.
       ``(v) Medical services.
       ``(vi) Scientific and technical services related to (but 
     not in support of) research and development.
       ``(vii) Depot-level maintenance and repair services.
       ``(viii) Services performed for any laboratory that is 
     owned or operated by the Department of Defense and is funded 
     exclusively through working-capital funds.
       ``(ix) Services related to the design and installation of 
     information technology (which does not include services 
     related to the management, operation, and maintenance of 
     information technology).
       ``(4) The Secretary of Defense may waive the applicability 
     of this subsection if--
       ``(A) the written waiver is prepared by the Secretary of 
     Defense, or an Assistant Secretary of Defense or head of an 
     agency of the Department of Defense authorized by the 
     Secretary to do so; and
       ``(B) the written waiver is accompanied by a detailed 
     determination that--
       ``(i) there is no reasonable expectation that civilian 
     employees would be selected to perform the function in a 
     competition between public sector sources and private sector 
     sources; or
       ``(ii) the immediate performance of the function by 
     Department of Defense civilian employees or a contractor is 
     so urgent that it overrides the compelling interest of 
     subjecting new commercial or industrial type functions to 
     public-private sector competition before converting the 
     performance of those functions to private sector performance.
       ``(5) A copy of the waiver under paragraph (4) shall be 
     published in the Federal Register, although use of the waiver 
     is not contingent on its publication.
       ``(6) The reference to Office of Management and Budget 
     Circular A-76 in paragraph (2)(A) does not require the use of 
     the process described in that circular to perform the cost 
     comparison required by this subsection.''.
       (b) Minimal Levels of Public-Private Competition for New 
     Work.--(1) Not less than the percentage specified in 
     paragraph (2) of the total dollars expended during a 
     specified fiscal year for the performance by contractors of 
     commercial or industrial type functions of the Department of 
     Defense not previously performed by Department of Defense 
     civilian employees or the private sector (that are not 
     otherwise exempt from comparison under section 2461 of title 
     10, United States Code) shall be expended for service 
     contracts that are awarded after the completion of cost 
     comparison examinations.
       (2) The requirements of paragraph (1) apply as follows:
       (A) Not less than 10 percent, for fiscal year 2004.
       (B) Not less than 15 percent, for fiscal year 2005.
       (C) Not less than 20 percent, for fiscal year 2006.
       (3) The Secretary of Defense may waive the requirements of 
     this subsection if--
       (A) the written waiver is prepared by the Secretary of 
     Defense, or an Assistant Secretary of Defense or head of an 
     agency of the Department of Defense authorized by the 
     Secretary to do so; and
       (B) the written waiver is accompanied by a detailed 
     determination that national security interests are so 
     compelling as to preclude compliance with the requirements.
       (4) A copy of the waiver under paragraph (2) shall be 
     published in the Federal Register, although use of the waiver 
     is not contingent on its publication.
       (c) Clerical Amendments.--(1) The heading of such section 
     2461 is amended to read as follows:

     ``Sec. 2461. Commercial or industrial type functions: 
       required studies and reports before conversion to, or 
       initiation of, contractor or civilian employee 
       performance''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 146 of title 10, United 
     States Code, is amended to read as follows:

``2461. Commercial or industrial type functions: required studies and 
              reports before conversion to, or initiation of, 
              contractor or civilian employee performance.''.

     SEC. 1304. REPEAL OF WAIVER FOR SMALL FUNCTIONS.

       Section 2461 of title 10, United States Code, is amended by 
     striking subsection (d).

     SEC. 1305. REQUIREMENT FOR EQUITY IN PUBLIC-PRIVATE 
                   COMPETITIONS.

       Section 2461 of title 10, United States Code, is amended by 
     inserting after subsection (c) the following new subsection:
       ``(d) Equity in Public-Private Competition.--(1)(A) For any 
     fiscal year in which commercial or industrial type functions 
     of the Department of Defense performed by Department of 
     Defense civilian employees are studied for possible change to 
     private sector performance, the Secretary of Defense shall 
     ensure that approximately the same number of positions held 
     by non-Federal employees under contracts with the Department 
     of Defense, subject to completion of the terms of those 
     contracts, are subjected to--
       ``(i) the same cost comparison examination described in 
     subsection (b)(3) that employed the most efficient 
     organization process, the framework for calculating the 
     public sector price cost estimate, and the framework for 
     calculating the evaluated price for private sector proposals 
     to take into account costs such as contract administration 
     costs, as described in Office of Management and Budget 
     Circular A-76 or any successor regulation, and
       ``(ii) the requirement that no work may be changed to 
     performance by the public sector unless at least a 10-percent 
     cost savings would be achieved by performance of the function 
     by the public sector over the term of the contract.
       ``(B) The cost savings requirement specified in 
     subparagraph (A)(ii) does not apply to any contract for the 
     following:
       ``(i) Special studies and analyses.
       ``(ii) Construction services.
       ``(iii) Architectural services.
       ``(iv) Engineering services.
       ``(v) Medical services.
       ``(vi) Scientific and technical services related to (but 
     not in support of) research and development.
       ``(vii) Depot-level maintenance and repair services.

[[Page S5868]]

       ``(viii) Services performed for any laboratory that is 
     owned or operated by the Department of Defense and is funded 
     exclusively through working-capital funds.
       ``(ix) Services related to the design and installation of 
     information technology (which does not include services 
     related to the management, operation, and maintenance of 
     information technology).
       ``(2) To the extent possible, the Secretary of Defense 
     should, in complying with this subsection, select those 
     contract positions held by non-Federal employees under 
     contracts with the Department of Defense that are associated 
     with commercial or industrial type functions that are, or 
     have been, performed at least in part by Department of 
     Defense civilian employees at any time on or after October 1, 
     1980.
       ``(3) Notwithstanding any limitation on the number of 
     Department of Defense civilian employees established by law, 
     regulation, or policy, the Department of Defense may continue 
     to employ, or may hire, such civilian employees as are 
     necessary to perform functions acquired through the public-
     private competitions required by this subsection or any other 
     provision of this section.
       ``(4) The requirement to perform cost comparison 
     examinations under this subsection does not require the use 
     of the process described in Office of Management and Budget 
     Circular A-76 in the performance of the examinations.
       ``(5) The Secretary of Defense may waive the requirements 
     of this subsection if--
       ``(A) the written waiver is prepared by the Secretary of 
     Defense, or an Assistant Secretary of Defense or head of an 
     agency of the Department of Defense authorized by the 
     Secretary to do so; and
       ``(B) the written waiver is accompanied by a detailed 
     determination that national security interests are so 
     compelling as to preclude compliance with the requirements.
       ``(6) A copy of the waiver under paragraph (5) shall be 
     published in the Federal Register, although use of the waiver 
     is not contingent on its publication.

     SEC. 1306. REPORTING REQUIREMENTS REGARDING DEPARTMENT OF 
                   DEFENSE'S SERVICE CONTRACTOR WORKFORCE.

       (a) Imposition of Reporting Requirement.--(1) Chapter 146 
     of title 10, United States Code, is amended by inserting 
     after section 2461a the following new section:

     ``Sec. 2461b. Use of private sector to perform commercial or 
       industrial type function: contractor reporting requirements

       ``(a) Definitions.--In this section:
       ``(1) Contractor.--The term `contractor' includes a 
     subcontractor.
       ``(2) Secretary concerned.--The term `Secretary concerned' 
     includes the Secretary of Defense with respect to matters 
     concerning a Defense Agency.
       ``(b) General Reporting Requirement.--The Secretary 
     concerned shall require each defense contractor to report to 
     secure websites established and maintained by the Defense 
     Agencies and military departments the same contractor direct 
     manhour and cost information that is collected by the 
     Department of the Army pursuant to part 668 of title 32, Code 
     of Federal Regulations, as in effect on December 26, 2000, in 
     terms of functions performed, appropriations funding the 
     contract, and identification of the subordinate 
     organizational elements within the Defense Agency or military 
     department directly overseeing the contractor performance.
       ``(c) Assignment of Reporting Responsibility.--The head of 
     the Defense Agency or Secretary of the military department 
     containing the major organizational element receiving or 
     reviewing the work performed by a defense contractor shall be 
     responsible for collecting the data required by this section, 
     even where all or part of the contracted work is funded by 
     appropriations not controlled by the Secretary concerned. If 
     the Defense Agency or military department containing the 
     major organizational element receiving or reviewing the work 
     performed by the contractor is different from the Defense 
     Agency or military department containing the contracting 
     activity, the Secretary concerned shall ensure that the 
     contractor reports the required information to the Defense 
     Agency or military department containing the major 
     organizational element receiving or reviewing the work 
     performed by the contractor.
       ``(d) Timing of Contractor Reporting to Assure Data 
     Quality.--The Secretary concerned shall require contractors 
     to report the information described in subsection (c) to the 
     secure web-site contemporaneous with submission of a request 
     for payment (including any voucher, invoice, or request for 
     progress payment) or not later than quarterly.
       ``(e) Contract Requirement Effective Date.--The Secretary 
     concerned shall include the reporting requirement described 
     in this section in each solicitation of offers issued, 
     contract awarded, and bilateral modification of an existing 
     contract executed by the Secretary concerned after October 1, 
     2002.
       ``(f) Contractor Self-Exemption.--The Secretary concerned 
     shall exempt a contractor from the data collection 
     requirement imposed by this section if the contractor 
     certifies in writing that the contractor does not have an 
     internal system for aggregating billable hours in the direct 
     or indirect pools, or an internal payroll accounting system, 
     and is not otherwise required to provide such information to 
     the Government. A contractor may not claim an exemption on 
     the sole basis that the contractor is a foreign contractor, 
     that services are provided pursuant to a firm, fixed price or 
     time and materials contract or similar instrument, that the 
     payroll system of the contractor is performed by another 
     person, or that the contractor has too many subcontractors. 
     The validity of this certification is the only requirement in 
     this section that may be subject to audit and verification by 
     the Secretary concerned.
       ``(g) Report to Congress and Comptroller General Actions.--
     The Secretary concerned shall submit the information 
     collected under subsection (c) to Congress not later than 
     October 1 of each year for the prior fiscal year. Not later 
     than April 1 of each year, the Comptroller General shall 
     review the information submitted for the prior fiscal year to 
     assess compliance with this section and the effectiveness of 
     Department of Defense initiatives to integrate this 
     information into its budgeting process.
       ``(h) Publication of Reports.--After completion of the 
     Comptroller General review under subsection (h), the 
     Secretary concerned shall take steps to make the 
     nonproprietary compilations of the data public on web sites, 
     using the publication standard expressed by the Department of 
     the Army in part 668 of title 32, Code of Federal 
     Regulations.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2461a the following new item:

``2461b. Use of private sector to perform commercial or industrial type 
              function: contractor reporting requirements.''.

       (b) Effective Date.--Section 2461b of title 10, United 
     States Code, as added by subsection (a), shall take effect on 
     October 1, 2002.

     SEC. 1307. COMPTROLLER GENERAL REPORTS.

       The Comptroller General shall report to the Committee on 
     Armed Services of the House of Representatives and the 
     Committee on Armed Services of the Senate biannually on the 
     compliance by the Department of Defense with the requirements 
     in sections 1301, 1302, 1303, 1304, 1305, and 1306 of this 
     Act and the amendments made by such sections.

     SEC. 1308. LIMITED PILOT PROGRAM TO IMPLEMENT RECOMMENDATIONS 
                   OF COMMERCIAL ACTIVITIES PANEL.

       (a) Use of Alternative Public-Private Competition 
     Processes.--Notwithstanding sections 2461 and 2462 of title 
     10, United States Code, the Secretary of Defense may carry 
     out a limited pilot program to examine and evaluate the 
     feasibility and advisability of using public-private 
     competition processes other than the process described in 
     Office of Management and Budget Circular A-76 for commercial 
     or industrial type functions performed by Federal employees, 
     performed by contractors, or proposed for performance by 
     Federal employees or contractors.
       (b) Duration of Pilot Program.--The Secretary of Defense 
     may carry out the limited pilot program during fiscal years 
     2003 through 2005.
       (c) Extent of Pilot Program.--The total value of the 
     commercial or industrial type functions reviewed under the 
     pilot program may not exceed $300,000,000.
       (d) Possible Alternatives.--(1) The alternatives to Office 
     of Management Budget Circular A-76 that could be tested and 
     evaluated by the pilot program include the following:
       (A) The process known as low-price/technically acceptable 
     (under the framework of the Federal Acquisition Regulation).
       (B) The process known as cost/technical trade-off (under 
     the framework of the Federal Acquisition Regulation).
       (C) The process known as bid-to-goal.
       (2) In paragraph (1)(C), the term ``bid-to-goal'' means a 
     process that--
       (A) uses a series of competitive performance targets, 
     included in a performance work statement, to compare for 
     specific functions the cost of public sector performance with 
     that of performance by private sector contractors and other 
     public sector entities at the Federal, State, and local 
     levels; and
       (B) allows managers and affected employees to create 
     streamlined and improved work plans that, if determined to be 
     viable by an independent party, are incorporated into 
     detailed service agreement awarded to the public sector 
     entity for implementation and performance of the functions.
       (e) Required Elements.--The alternatives examined and 
     evaluated under the framework of the Federal Acquisition 
     Regulation shall include the most efficient organization 
     process, the framework for calculating the public sector 
     price cost estimate, the framework for calculating the 
     evaluated price for private sector proposals to take into 
     account costs such as contract administration costs, and the 
     10 percent cost differential in favor of whichever sector is 
     currently performing the work, as described in Office of 
     Management and Budget Circular A-76 or any successor 
     administrative regulation.
       (f) Comparability.--To the maximum extent practicable, the 
     Secretary of Defense shall ensure that comparable amounts of 
     work, as measured in dollars, performed by Federal employees, 
     performed by contractors, or new work that is not yet 
     performed by Federal employees or contractors should be 
     tested and evaluated under the alternatives authorized for 
     the pilot program.
       (g) Exclusion of Certain Functions.--Under the pilot 
     program, the Secretary of

[[Page S5869]]

     Defense may not use the alternative public-private 
     competition processes to review depot-level maintenance and 
     repair workloads, functions for which contracts for 
     performance by the private sector are prohibited, or 
     inherently governmental activities.
       (h) Relation to A-76 Process.--In order to provide proper 
     test and evaluation conditions for the pilot program, 
     functions designated for study under the pilot program shall 
     be exempt for the duration of the pilot program from review 
     initiated under Office of Management and Budget Circular A-76 
     or any successor administrative regulation, and no function 
     that has been announced for or is undergoing such a review 
     shall be selected for the pilot program.
       (i) Consultation.--(1) The officer or employee of the 
     Department of Defense responsible for determining under the 
     alternatives authorized by the pilot program whether to 
     convert a commercial or industrial type function of the 
     Department of Defense from Federal employee performance to 
     contractor performance or from contractor performance to 
     Federal employee performance--
       (A) shall, at least monthly during the development and 
     preparation of the performance work statement and the 
     management efficiency study used in making that 
     determination, consult with Federal or contractor employees 
     who will be affected by that determination and consider the 
     views of such employees on the development and preparation of 
     that statement and that study; and
       (B) may consult with such employees or contractors on other 
     matters relating to that determination.
       (2) In the case of employees represented by a labor 
     organization accorded exclusive recognition under section 
     7111 of title 5, United States Code, consultation with 
     representatives of that labor organization shall satisfy the 
     consultation requirements of paragraph (1).
       (3) In the case of employees other than employees referred 
     to in paragraph (2), consultation with appropriate 
     representatives of those employees (including appropriate 
     labor organizations representing such employees) shall 
     satisfy the consultation requirements of paragraph (1).
       (j) Reporting Requirements.--(1) Not later than 90 days 
     after the end of each fiscal year during which the pilot 
     program is conducted, the Secretary of Defense and the 
     Comptroller General shall each submit to Congress a report of 
     the results of the pilot program and lessons learned. For 
     each commercial or industrial type function covered by the 
     program, the report shall address the following:
       (A) The cost of conducting the alternative.
       (B) The time necessary to conduct the alternative.
       (C) The savings, if any, expected to be achieved from 
     conducting the alternative.
       (D) The savings, if any, actually achieved from conducting 
     the alternative.
       (E) The gains in efficiency or effectiveness, if any, 
     expected to be achieved from conducting the alternative.
       (F) The gains in efficiency or effectiveness, if any, 
     actually achieved from conducting the alternative.
       (G) The impact on Federal employees and contractors (and 
     contractor employees) from conducting the alternative.
       (2) To the maximum extent possible, the report shall 
     compare each alternative undertaking, with respect to the 
     factors specified in paragraph (1), with an undertaking of 
     Office of Management and Budget Circular A-76 that has been 
     completed within at least two years prior to the date of the 
     enactment of this Act for work that is comparable in nature 
     and scope.
       (3) The final report shall include recommended changes with 
     respect to implementation of policies and proposed 
     legislation.
       (k) Regulations.--The Secretary of Defense shall prescribe 
     such regulations as the Secretary considers necessary to 
     carry out the pilot program.
                                  ____

  SA 3919. Mr. THOMAS (for himself and Mr. Thompson) submitted an 
amendment intended to be proposed by him to the bill S. 2514, to 
authorize appropriations for fiscal year 2003 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title VIII, add the following:

     SEC. 828. COMPETITION FOR PERFORMANCE OF ACTIVITIES NOT 
                   INHERENTLY GOVERNMENTAL.

       (a) Requirement.--Section 2(d) of the Federal Activities 
     Inventory Reform Act of 1998 (Public Law 105-270; 112 Stat. 
     2383; 31 U.S.C. 501 note) is amended by striking ``on the 
     list'' at the end of the first sentence and all that follows 
     through ``the performance of such an activity, the'' in the 
     second sentence and inserting ``on the list and initiate an 
     action to select the source for the performance of each such 
     activity. The''.
       (b) Effective Date and Applicability.--The amendment made 
     by subsection (a) shall take effect on October 1, 2002, and 
     shall apply with respect to lists of activities that are 
     submitted to the Office of Management and Budget after that 
     date under section 2 of the Federal Activities Inventory 
     Reform Act of 1998.
                                  ____

  SA 3920. Mr. THOMAS submitted an amendment intended to be proposed by 
him to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of division A, add the following:

            TITLE XIII--FREEDOM FROM GOVERNMENT COMPETITION

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Freedom From Government 
     Competition Act of 2002''.

     SEC. 1302. FINDINGS.

       Congress makes the following findings:
       (1) Private sector business concerns, which are free to 
     respond to the private or public demands of the marketplace, 
     constitute the strength of the American economic system.
       (2) Competitive private sector enterprises are the most 
     productive, efficient, and effective sources of goods and 
     services.
       (3) Government competition with the private sector of the 
     economy is detrimental to all businesses and the American 
     economic system.
       (4) Government competition with the private sector of the 
     economy is at an unacceptably high level, both in scope and 
     in dollar volume.
       (5) When a government engages in entrepreneurial activities 
     that are beyond its core mission and compete with the private 
     sector--
       (A) the focus and attention of the government are diverted 
     from executing the basic mission and work of that government; 
     and
       (B) those activities constitute unfair government 
     competition with the private sector.
       (6) Current laws and policies have failed to address 
     adequately the problem of government competition with the 
     private sector of the economy.
       (7) The level of government competition with the private 
     sector, especially with small businesses, has been a priority 
     issue of each White House Conference on Small Business.
       (8) Reliance on the private sector is consistent with the 
     goals of the Government Performance and Results Act of 1993 
     (Public Law 103-62).
       (9) Reliance on the private sector is necessary and 
     desirable for proper implementation of the Federal Workforce 
     Restructuring Act of 1994 (Public Law 103-226).
       (10) It is in the public interest that the Federal 
     Government establish a consistent policy to rely on the 
     private sector of the economy to provide goods and services 
     that are necessary for or beneficial to the operation and 
     management of Federal Government agencies and to avoid 
     Federal Government competition with the private sector of the 
     economy.
       (11) It is in the public interest for the private sector to 
     utilize employees who are adversely affected by conversions 
     to use of private sector entities for providing goods and 
     services on behalf of the Federal Government.

     SEC. 1303. RELIANCE ON THE PRIVATE SECTOR.

       (a) General Policy.--Notwithstanding any other provision of 
     law, except as provided in subsection (c), each agency shall 
     procure from sources in the private sector all goods and 
     services that are necessary for or beneficial to the 
     accomplishment of authorized functions of the agency.
       (b) Prohibitions Regarding Transactions in Goods and 
     Services.--
       (1) Provision by government generally.--No agency may begin 
     or carry out any activity to provide any products or services 
     that can be provided by the private sector.
       (2) Transactions between governmental entities.--No agency 
     may obtain any goods or services from or provide any goods or 
     services to any other governmental entity.
       (c) Exceptions.--Subsections (a) and (b) do not apply to 
     goods or services necessary for or beneficial to the 
     accomplishment of authorized functions of an agency under the 
     following conditions:
       (1) Either--
       (A) the goods or services are inherently governmental in 
     nature within the meaning of section 1306(b); or
       (B) the Director of the Office of Management and Budget 
     determines that the provision of the goods or services is 
     otherwise an inherently governmental function.
       (2) The head of the agency determines that the goods or 
     services should be produced, provided, or manufactured by the 
     Federal Government for reasons of national security.
       (3) The Federal Government is determined to be the best 
     value source of the goods or services in accordance with 
     regulations prescribed pursuant to section 1304(a)(2)(C).
       (4) The private sector sources of the goods or services, or 
     the practices of such sources, are not adequate to satisfy 
     the agency's requirements.

     SEC. 1304. ADMINISTRATIVE PROVISIONS.

       (a) Regulations.--
       (1) OMB responsibility.--The Director of the Office of 
     Management and Budget shall prescribe regulations to carry 
     out this title.

[[Page S5870]]

       (2) Content.--
       (A) Private sector preference.--Consistent with the policy 
     and prohibitions set forth in section 1303, the regulations 
     shall emphasize a preference for the provision of goods and 
     services by private sector sources.
       (B) Fairness for federal employees.--In order to ensure the 
     fair treatment of Federal Government employees, the 
     regulations--
       (i) shall not contravene any law or regulation regarding 
     Federal Government employees; and
       (ii) shall provide for the Director of the Office of 
     Management and Budget, in consultation with the Director of 
     the Office of Personnel Management, to furnish information on 
     relevant available benefits and assistance to Federal 
     Government employees adversely affected by conversions to use 
     of private sector entities for providing goods and services.
       (C) Best value sources.--
       (i) Standards and procedures.--The regulations shall 
     include standards and procedures for determining whether it 
     is a private sector source or an agency that provides certain 
     goods or services for the best value.
       (ii) Factors considered.--The standards and procedures 
     shall include requirements for consideration of analyses of 
     all direct and indirect costs (performed in a manner 
     consistent with generally accepted cost-accounting 
     principles), the qualifications of sources, the past 
     performance of sources, and any other technical and noncost 
     factors that are relevant.
       (iii) Consultation requirement.--The Director shall consult 
     with persons from the private sector and persons from the 
     public sector in developing the standards and procedures.
       (D) Appropriate governmental activities.--The regulations 
     shall include a methodology for determining what types of 
     activities performed by an agency should continue to be 
     performed by the agency or any other agency.
       (b) Compliance and Implementation Assistance.--
       (1) OMB center for commercial activities.--The Director of 
     the Office of Management and Budget shall establish a Center 
     for Commercial Activities within the Office of Management and 
     Budget.
       (2) Responsibilities.--The Center--
       (A) shall be responsible for the implementation of and 
     compliance with the policies, standards, and procedures that 
     are set forth in this title or are prescribed to carry out 
     this title; and
       (B) shall provide agencies and private sector entities with 
     guidance, information, and other assistance appropriate for 
     facilitating conversions to use of private sector entities 
     for providing goods and services on behalf of the Federal 
     Government.

     SEC. 1305. STUDY AND REPORT ON COMMERCIAL ACTIVITIES OF THE 
                   GOVERNMENT.

       (a) Annual Performance Plan.--Section 1115(a) of title 31, 
     United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) include--
       ``(A) the identity of each program activity that is 
     performed for the agency by a private sector entity in 
     accordance with the Freedom From Government Competition Act 
     of 2002; and
       ``(B) the identity of each program activity that is not 
     subject to the Freedom From Government Competition Act of 
     2002 by reason of an exception set forth in that Act, 
     together with a discussion specifying why the activity is 
     determined to be covered by the exception.''.
       (b) Annual Performance Report.--Section 1116(d)(3) of title 
     31, United States Code, is amended--
       (1) by striking ``explain and describe,'' in the matter 
     preceding subparagraph (A);
       (2) in subparagraph (A), by inserting ``explain and 
     describe'' after ``(A)'';
       (3) in subparagraph (B)--
       (A) by inserting ``explain and describe'' after ``(B)''; 
     and
       (B) by striking ``and'' at the end;
       (4) in subparagraph (C)--
       (A) by inserting ``explain and describe'' after 
     ``infeasible,''; and
       (B) by inserting ``and'' at the end; and
       (5) by adding at the end the following:
       ``(D) in the case of an activity not performed by a private 
     sector entity--
       ``(i) explain and describe whether the activity could be 
     performed for the Federal Government by a private sector 
     entity in accordance with the Freedom From Government 
     Competition Act of 2002; and
       ``(ii) if the activity could be performed by a private 
     sector entity, set forth a schedule for converting to 
     performance of the activity by a private sector entity;''.

     SEC. 1306. DEFINITIONS.

       (a) Agency.--As used in this title, the term ``agency'' 
     means the following:
       (1) Executive department.--An executive department as 
     defined by section 101 of title 5, United States Code.
       (2) Military department.--A military department as defined 
     by section 102 of title.
       (3) Independent establishment.--An independent 
     establishment as defined by section 104(1) of title 5, United 
     States Code.
       (b) Inherently Governmental Goods and Services.--
       (1) Performance of inherently governmental functions.--For 
     the purposes of section 1303(c)(1)(A), goods or services are 
     inherently governmental in nature if the providing of such 
     goods or services is an inherently governmental function.
       (2) Inherently governmental functions described.--
       (A) Functions included.--For the purposes of paragraph (1), 
     a function shall be considered an inherently governmental 
     function if the function is so intimately related to the 
     public interest as to mandate performance by Federal 
     Government employees. Such functions include activities that 
     require either the exercise of discretion in applying Federal 
     Government authority or the making of value judgments in 
     making decisions for the Federal Government, including 
     judgments relating to monetary transactions and entitlements. 
     An inherently governmental function involves, among other 
     things, the interpretation and execution of the laws of the 
     United States so as to--
       (i) bind the United States to take or not to take some 
     action by contract, policy, regulation, authorization, order, 
     or otherwise;
       (ii) determine, protect, and advance its economic, 
     political, territorial, property, or other interests by 
     military or diplomatic action, civil or criminal judicial 
     proceedings, contract management, or otherwise;
       (iii) significantly affect the life, liberty, or property 
     of private persons;
       (iv) commission, appoint, direct, or control officers or 
     employees of the United States; or
       (v) exert ultimate control over the acquisition, use, or 
     disposition of the property, real or personal, tangible or 
     intangible, of the United States, including the control or 
     disbursement of appropriated and other Federal funds.
       (B) Functions excluded.--For the purposes of paragraph (1), 
     inherently governmental functions do not normally include--
       (i) gathering information for or providing advice, 
     opinions, recommendations, or ideas to Federal Government 
     officials;
       (ii) any function that is primarily ministerial or internal 
     in nature (such as building security, mail operations, 
     operation of cafeterias, laundry and housekeeping, facilities 
     operations and maintenance, warehouse operations, motor 
     vehicle fleet management and operations, or other routine 
     electrical or mechanical services); or
       (iii) any good or service which is currently or could 
     reasonably be produced or performed, respectively, by an 
     entity in the private sector.
                                  ____

  SA 3921. Mr. THOMAS submitted an amendment intended to be proposed by 
him to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of division A, add the following:

       TITLE XIII--FEDERAL ACTIVITIES INVENTORY REFORM AMENDMENTS

     SEC. 1301. SHORT TITLE; REFERENCES TO FAIR ACT OF 1998.

       (a) Short Title.--This title may be cited as the ``Federal 
     Activities Inventory Reform Amendments of 2002''.
       (b) References.--Except as otherwise expressly provided, 
     whenever in this title an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Federal Activities 
     Inventory Reform Act of 1998 (Public Law 105-270; 112 Stat. 
     2382; 31 U.S.C. 501 note).

     SEC. 1302. ANNUAL LISTS OF GOVERNMENT ACTIVITIES.

       (a) Lists To Include Inherently Governmental Activities.--
     Subsection (a) of section 2 is amended by inserting before 
     the period at the end of the first sentence the following: 
     ``and those activities performed by Federal Government 
     sources for the executive agency that, in that official's 
     judgment, are inherently governmental functions''.
       (b) Descriptive and Explanatory Matters To Be Included.--
     Such subsection is further amended--
       (1) by redesignating paragraph (3) as paragraph (5);
       (2) by inserting after paragraph (2) the following new 
     paragraphs (3) and (4):
       ``(3) A description of the activity, including--
       ``(A) a narrative description of the activity;
       ``(B) the product or service code, if any, that would be 
     assigned to the activity under the Federal Procurement Data 
     System if the activity were performed in the private sector; 
     and
       ``(C) the Standard Industrial Classification code, if any, 
     that would be assigned to the activity if the activity were 
     performed in the private sector.
       ``(4) The organization within the executive agency that is 
     performing the activity, or for which the activity is 
     performed, and the location of that organization.''; and
       (3) by adding at the end the following:
       ``(6) The identity of any provision of law or other 
     authority that, except for subsection (f), would expressly or 
     impliedly exempt the executive agency from the requirements 
     of this section or of Office of Management and Budget 
     Circular A-76 with respect to any activity that is not an 
     inherently governmental activity, together with a discussion 
     of the rationale for that exemption.''.

[[Page S5871]]

       (c) Deadlines for Publication of Lists and Changes.--
     Subsection (c) of such section is amended--
       (1) in paragraph (1)(B), by striking ``promptly'' and 
     inserting ``, not later than 30 working days after receiving 
     the list,''; and
       (2) in paragraph (2)(B), by inserting after ``(B)'' the 
     following: ``not later than 30 working days after the date of 
     the final decision to make the change,''.

     SEC. 1303. NOTIFICATION OF AFFECTED EMPLOYEES.

       Section 2 is further amended by adding at the end the 
     following:
       ``(f) Notification of Affected Employees.--At the same time 
     that the Director of the Office of Management and Budget 
     publishes a notice of the availability of a list of an 
     executive agency under subsection (c)(1), the head of the 
     executive agency shall notify each employee of the executive 
     agency employed in an activity listed as not being an 
     inherently governmental function that the activity may be 
     converted to performance by a private sector source.''.

     SEC. 1304. COMPETITION REQUIREMENTS.

       (a) Use of Competitive Procedures.--
       (1) Requirement.--The second sentence of section 2(d) is 
     amended by striking ``use a competitive process'' and all 
     that follows and inserting ``select the source using 
     competitive procedures applicable to the executive agency's 
     procurements.''
       (2) Competitive procedures defined.--Section 5 is amended 
     by adding at the end the following:
       ``(3) Competitive procedures.--The term `competitive 
     procedures' has the meaning given that term in section 
     2302(2) of title 10, United States Code, and section 309(b) 
     of the Federal Property and Administrative Services Act of 
     1949 (41 U.S.C. 259(b)).''.
       (b) Cost Comparisons.--Section 2(e) is amended to read as 
     follows:
       ``(e) Cost Comparisons.--
       ``(1) Realistic and fair cost comparisons.--Before 
     determining to contract with a private sector source for the 
     performance of an executive agency activity on the basis of a 
     comparison of the costs of procuring services from such a 
     source with the cost of performing that activity by the 
     executive agency, the head of the executive agency shall 
     ensure that--
       ``(A) the cost comparison was conducted in accordance 
     with--
       ``(i) Office of Management and Budget Circular A-76; and
       ``(ii) any provision of law that is applicable to the cost 
     comparison, including (if applicable) title IX of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     541 et seq.) relating to architectural and engineering 
     services (including surveying and mapping services);
       ``(B) all costs have been considered, including the costs 
     of quality assurance, technical monitoring of the performance 
     of such activity, liability insurance, employee retirement 
     and disability benefits, and all other overhead costs; and
       ``(C) the costs considered are realistic and fair.
       ``(2) Exemption.--Notwithstanding any other provision of 
     law, the performance of an activity that is not an inherently 
     governmental function may be converted to performance by a 
     private sector source without a cost comparison if the 
     activity is performed by fewer than 10 full-time employees of 
     the United States (or the equivalent in part-time employees 
     or in a combination of full-time and part-time employees).''.

     SEC. 1305. INAPPLICABILITY OF EXEMPTIONS IN OTHER LAWS.

       Section 2 is amended by adding at the end the following:
       ``(f) Exemptions Inapplicable.--The head of each executive 
     agency shall carry out this Act notwithstanding any other 
     provision of law that expressly or impliedly exempts that 
     executive agency from developing an inventory of activities 
     that are not inherently governmental functions and are 
     performed by the executive agency or by Federal Government 
     sources for the executive agency. The head of the executive 
     agency shall include in the annual list prepared under 
     subsection (a) a notation of each such exemption that, except 
     for the preceding sentence, would otherwise apply to the 
     executive agency or any such function.''.

     SEC. 1306. PERFORMANCE FOR OTHER GOVERNMENTAL ORGANIZATIONS.

       (a) Limitations.--Section 2, as amended by section 1305 of 
     this Act, is further amended by adding at the end the 
     following:
       ``(g) Limitations on Performance for Other Governmental 
     Organizations.--
       ``(1) Federal agencies.--An activity that is not an 
     inherently governmental function may not be performed for an 
     executive agency by another Federal Government source under 
     section 1535 of title 31, United States Code, unless, within 
     three years before the order for that activity is placed with 
     the other Federal Government source under that section, 
     performance of that activity by the executive agency has been 
     justified pursuant to a competition carried out under Office 
     of Management and Budget Circular A-76.
       ``(2) State and local governments.--The head of an 
     executive agency may not take any action under section 6505 
     of title 31, United State Code, to perform for the benefit of 
     an agency of a State or a political subdivision of a State an 
     activity that is not an inherently governmental function 
     unless the head of the executive agency has first--
       ``(A) solicited offers for the performance of that activity 
     in accordance with section 18 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 416) and section 8(e) of 
     the Small Business Act (15 U.S.C. 637(e)); and
       ``(B) determined on the basis of the response to the 
     solicitation that no responsible private sector source is 
     available to meet the needs of the executive agency for the 
     performance of that activity for the executive agency.''.
       (b) State Defined.--Section 5, as amended by section 
     1304(a)(2) of this Act, is further amended by adding at the 
     end the following:
       ``(4) State.--The term `State', includes the District of 
     Columbia, the Commonwealth of Puerto Rico, and the United 
     States Virgin Islands.''.

     SEC. 1307. CHALLENGES TO THE LIST.

       (a) Matters Subject to Challenge.--Section 3(a) is amended 
     by striking ``or an inclusion of a particular activity on,'' 
     and inserting ``an inclusion of a particular activity on, or 
     the classification of any activity on''.
       (b) Revision of Deadlines.--Section 3 is amended--
       (1) in subsection (c), by striking ``30 days'' and 
     inserting ``90 working days'';
       (2) in subsection (d), by striking ``28 days'' and 
     inserting ``28 working days''; and
       (3) in subsection (e)(2), by striking ``10 days'' and 
     inserting ``10 working days''.
       (c) Publication of Resolution of Challenges.--Section 3 is 
     amended by adding at the end the following:
       ``(f) Publication of Resolution of Challenges.--Not later 
     than 30 working days after the head of an executive agency 
     makes a decision on an appeal under subsection (e), the head 
     of the executive agency shall publish in the Federal Register 
     the following:
       ``(1) Final list.--A final version of the list that was 
     challenged.
       ``(2) Schedule for review of list.--A schedule for the 
     review to be conducted of such list under section 2(d), 
     together with a description of the intended review.''.
       (d) Working Days Defined.--Section 5, as amended by section 
     1306(b) of this Act, is further amended by adding at the end 
     the following:
       ``(5) Working day.--The term `working day', in the 
     administration of sections 2 and 3 with respect to a list of 
     an executive agency, means a day on which the headquarters of 
     the executive agency is open for the conduct of the executive 
     agency's business.''.

     SEC. 1308. PROHIBITION ON CONVERSION TO PERFORMANCE BY 
                   FEDERAL PRISON INDUSTRIES.

       Section 4 is amended by adding at the end the following:
       ``(c) Prohibited Conversion.--The performance of an 
     activity of an executive agency that is not an inherently 
     government function may not be converted to performance by a 
     government corporation provided for under chapter 307 of 
     title 18, United States Code.''.

     SEC. 1309. INHERENTLY GOVERNMENTAL FUNCTION NOT TO INCLUDE 
                   RESEARCH AND DEVELOPMENT.

       Section 5(2)(C) is amended--
       (1) by striking ``or'' at the end of clause (i);
       (2) by striking the period at the end of clause (ii) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iii) the conduct of research and development.''.

     SEC. 1310. PRIVATE SECTOR SOURCE DEFINED.

       Section 5, as amended by section 1307(d) of this Act, is 
     further amended by adding at the end the following:
       ``(6) Private sector source.--The term `private sector 
     source' means a person lawfully engaged in business for 
     profit in the United States.''.

     SEC. 1311. REPORT ON PORTABILITY OF FEDERAL PENSION BENEFITS.

       (a) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget shall submit to Congress a report on 
     the portability of Federal pension benefits. The report shall 
     contain--
       (1) an evaluation of current Federal law, policies, and 
     procedures relating to the conversion by Federal Government 
     employees of their Federal pension benefits to private sector 
     pension plans upon the transition of such employees from 
     Federal Government employment to private sector employment;
       (2) a discussion of any impediments to the conversion of 
     Federal pension benefits as described in paragraph (1);
       (3) an analysis of the scoring, under the Congressional 
     Budget Act of 1974, of the conversion of Federal pension 
     benefits as so described; and
       (4) recommendations of the Director for any legislation 
     required to permit the ready conversion of Federal pension 
     benefits as so described.
       (b) Consultation.--The Director of the Office of Management 
     and Budget shall consult with the Director of the Office of 
     Personnel Management and other appropriate interested parties 
     in preparing the report required by subsection (a).
                                  ____

  SA 3922. Mr. HUTCHINSON submitted an amendment intended to be 
proposed by him to the bill S. 2514, to authorize appropriations for 
fiscal year 2003 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:


[[Page S5872]]


       At the end of subtitle A of title III, add the following:

     SEC. 305. CLARA BARTON CENTER FOR DOMESTIC PREPAREDNESS.

       Of the amount authorized to be appropriated by section 
     301(a)(5) for operation and maintenance for defensewide 
     activities, $3,000,000 shall be available for the Clara 
     Barton Center for Domestic Preparedness, Arkansas.
                                  ____

  SA 3923. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 2841, relating to a transfer of funds in 
     lieu of acquisition of replacement property for National 
     Wildlife Refuge system in Nevada, and insert the following:

     SEC. 2841. TRANSFER OF FUNDS FOR ACQUISITION OF REPLACEMENT 
                   PROPERTY FOR NATIONAL WILDLIFE REFUGE SYSTEM 
                   LANDS IN NEVADA.

       (a) Transfer of Funds Authorized.--(1) The Secretary of the 
     Air Force may, using amounts authorized to be appropriated by 
     section 2304(a), transfer to the United States Fish and 
     Wildlife Service $15,000,000 to fulfill the obligations of 
     the Air Force under section 3011(b)(5)(F) of the Military 
     Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65; 
     113 Stat. 889).
       (2) Upon receipt by the Service of the funds transferred 
     under paragraph (1), the obligations of the Air Force 
     referred to in that paragraph shall be considered fulfilled.
       (b) Contribution to Foundation.--(1) The United States Fish 
     and Wildlife Service shall grant funds received by the 
     Service under subsection (a) in a lump sum to the National 
     Fish and Wildlife Foundation for use in accomplishing the 
     purposes of section 3011(b)(5)(F) of the Military Lands 
     Withdrawal Act of 1999.
       (2) Funds received by the Foundation under paragraph (1) 
     shall be subject to the provisions of the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3701 et 
     seq.), other than section 10(a) of that Act (16 U.S.C. 
     3709(a)).
                                  ____

  SA 3924. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:
  [The amendment was not available for printing. It will appear in a 
future edition of the Record.]
                                  ____

  SA 3925. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title X, add the following:

     SEC. 1065. TRANSFER OF HISTORIC DF-9E PANTHER AIRCRAFT TO 
                   WOMEN AIRFORCE SERVICE PILOTS MUSEUM.

       (a) Authority To Convey.--The Secretary of the Navy may 
     convey, without consideration, to the Women Airforce Service 
     Pilots Museum in Quartzsite, Arizona (in this section 
     referred to as the ``W.A.S.P. museum''), all right, title, 
     and interest of the United States in and to a DF-9E Panther 
     aircraft (Bureau Number 125316). The conveyance shall be made 
     by means of a conditional deed of gift.
       (b) Condition of Aircraft.--The aircraft shall be conveyed 
     under subsection (a) in ``as is'' condition. The Secretary is 
     not required to repair or alter the condition of the aircraft 
     before conveying ownership of the aircraft.
       (c) Reverter Upon Breach of Conditions.--The Secretary 
     shall include in the instrument of conveyance of the aircraft 
     under subsection (a)--
       (1) a condition that the W.A.S.P. museum not convey any 
     ownership interest in, or transfer possession of, the 
     aircraft to any other party without the prior approval of the 
     Secretary; and
       (2) a condition that if the Secretary determines at any 
     time that the W.A.S.P. museum has conveyed an ownership 
     interest in, or transferred possession of, the aircraft to 
     any other party without the prior approval of the Secretary, 
     all right, title, and interest in and to the aircraft, 
     including any repair or alteration of the aircraft, shall 
     revert to the United States, and the United States shall have 
     the right of immediate possession of the aircraft.
       (d) Conveyance at No Cost to the United States.--The 
     conveyance of the aircraft under subsection (a) shall be made 
     at no cost to the United States. Any costs associated with 
     the conveyance, costs of determining compliance with 
     subsection (b), and costs of operation and maintenance of the 
     aircraft conveyed shall be borne by the W.A.S.P. museum.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                  ____

  SA 3926. Mr. WYDEN (for himself and Mr. Smith of Oregon) submitted an 
amendment intended to be proposed by him to the bill S. 2514, to 
authorize appropriations for fiscal year 2003 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XXVI, add the following:

     SEC. 2602. ARMY NATIONAL GUARD RESERVE CENTER, LANE COUNTY, 
                   OREGON.

       (a) Increase in Authorization of Appropriations.--The 
     amount authorized to be appropriated by section 2601(1)(A) 
     for the Army National Guard of the United States is hereby 
     increased by $9,000,000.
       (b) Availability.--(1) Of the amount authorized to be 
     appropriated by section 2601(1)(A) for the Army National 
     Guard of the United States, as increased by subsection (a), 
     $9,000,000 shall be available for a military construction 
     project for a Reserve Center in Lane County, Oregon.
       (2) The amount available under paragraph (1) for the 
     military construction project referred to in that paragraph 
     is in addition to any other amounts available under this Act 
     for that project.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(a)(1) for operation and maintenance for the Army 
     is hereby reduced by $9,000,000.
                                  ____

  SA 3927. Mrs. MURRAY (for herself and Ms. Snowe) proposed an 
amendment to the bill S. 2514, to authorize appropriations for fiscal 
year 2003 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

       On page 154, after line 20, insert the following:

     SEC. 708. RESTORATION OF PREVIOUS POLICY REGARDING 
                   RESTRICTIONS ON USE OF DEPARTMENT OF DEFENSE 
                   MEDICAL FACILITIES.

       Section 1093 of title 10, United States Code, is amended--
       (1) by striking subsection (b); and
       (2) in subsection (a), by striking ``Restriction on Use of 
     Funds.--''.
                                  ____

  SA 3928. Mrs. HUTCHISON (for herself, Mr. Bingaman, Mr. Lott, Mr. 
Stevens, Mr. Inouye, Mr. Bunning, Mrs. Feinstein, Mr. Craig, Ms. 
Collins, Mr. Shelby, Mr. Smith of New Hampshire, Mr. Bond, Mr. 
Domenici, Mr. Bayh, Mr. Nelson of Nebraska, Mr. Burns, and Ms. Snowe) 
submitted an amendment intended to be proposed by her to the bill S. 
2514, to authorize appropriations for fiscal year 2003 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XXVIII, add the 
     following:

     SEC. 2814. ADDITIONAL SELECTION CRITERIA FOR 2005 ROUND OF 
                   DEFENSE BASE CLOSURE AND REALIGNMENT.

       (a) Additional Selection Criteria.--Section 2913 of the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is 
     amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Additional Considerations.--The selection criteria 
     for military installations shall also address the following:
       ``(1) Force structure and mission requirements through 
     2020, as specified by the document entitled `Joint Vision 
     2020' issued by the Joint Chiefs of Staff, including--
       ``(A) mobilization requirements; and
       ``(B) requirements for utilization of facilities by the 
     Department of Defense and by other departments and agencies 
     of the United States, including--
       ``(i) joint use by two or more Armed Forces; and

[[Page S5873]]

       ``(ii) use by one or more reserve components.
       ``(2) The availability and condition of facilities, land, 
     and associated airspace, including--
       ``(A) proximity to mobilization points, including points of 
     embarkation for air or rail transportation and ports; and
       ``(B) current, planned, and programmed military 
     construction.
       ``(3) Considerations regarding ranges and airspace, 
     including--
       ``(A) uniqueness; and
       ``(B) existing or potential physical, electromagnetic, or 
     other encroachment.
       ``(4) Force protection.
       ``(5) Costs and effects of relocating critical 
     infrastructure, including--
       ``(A) military construction costs at receiving military 
     installations and facilities;
       ``(B) environmental costs, including costs of compliance 
     with Federal and State environmental laws;
       ``(C) termination costs and other liabilities associated 
     with existing contracts or agreements involving outsourcing 
     or privatization of services, housing, or facilities used by 
     the Department;
       ``(D) effects on co-located entities of the Department;
       ``(E) effects on co-located Federal agencies;
       ``(F) costs of transfers and relocations of civilian 
     personnel, and other workforce considerations.
       ``(6) Homeland security requirements.
       ``(7) State or local support for a continued presence by 
     the Department, including--
       ``(A) current or potential public or private partnerships 
     in support of Department activities; and
       ``(B) the capacity of States and localities to respond 
     positively to economic effects and other effects.
       ``(8) Applicable lessons from previous rounds of defense 
     base closure and realignment, including disparities between 
     anticipated savings and actual savings.
       ``(9) Anticipated savings and other benefits, including--
       ``(A) enhancement of capabilities through improved use of 
     remaining infrastructure; and
       ``(B) the capacity to relocate units and other assets.
       ``(10) Any other considerations that the Secretary of 
     Defense determines appropriate.''.
       (b) Weighting of Criteria for Transparency Purposes.--
     Subsection (a) of such section 2913 is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Weighting of criteria.--At the same time the 
     Secretary publishes the proposed criteria under paragraph 
     (1), the Secretary shall publish in the Federal Register the 
     formula proposed to be used by the Secretary in assigning 
     weight to the various proposed criteria in making 
     recommendations for the closure or realignment of military 
     installations inside the United States under this part in 
     2005.''.
                                  ____

  SA 3929. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 194, between lines 13 and 14, insert the following:

     SEC. 828. LIMITATION ON ARMY CONTRACTING AGENCY.

       (a) Limitation of Authority.--During the period specified 
     in subsection (b), the Secretary of the Army may not remove 
     or transfer the authority of a contracting officer of any 
     Army installation to enter into, review, or approve contracts 
     for the purchase of goods or services by reason of the 
     establishment of an Army Contracting Agency or a similar 
     entity for the regionalization or consolidation of 
     installation support contracts or information technology 
     contracts.
       (b) Duration of Limitation.--Subsection (a) applies during 
     the period beginning on the date of enactment of this Act and 
     ending 45 days after the date on which the Secretary of the 
     Army submits a report that meets the requirements of 
     subsection (c) to--
       (1) the Committee on Armed Services of the House of 
     Representatives;
       (2) the Committee on Armed Services of the Senate;
       (3) the Committee on Small Business of the House of 
     Representatives; and
       (4) the Committee on Small Business and Entrepreneurship of 
     the Senate.
       (c) Report Content.--A report from the Secretary of the 
     Army meets the requirements of this subsection if it sets 
     forth, in detail--
       (1) the Army's plans and justification for the 
     establishment of an Army Contracting Agency or similar 
     entity;
       (2) a discussion of how the establishment and operations of 
     an agency described under paragraph (1) will affect Army 
     compliance with--
       (A) Department of Defense Directive 4205.1;
       (B) section 15(g) of the Small Business Act; and
       (C) section 15(k) of the Small Business Act; and
       (3) the likely effects of the establishment and operations 
     of an Army Contracting Agency (or similar entity) on small 
     business participation in Army procurement contracts, 
     including--
       (A) the impact on small businesses located near Army 
     installations, including--
       (i) the anticipated increase or decrease in the total value 
     of Army prime contracting with small businesses; and
       (ii) the opportunities for small business owners to meet 
     and interact with Army procurement personnel; and
       (B) the likely increase in consolidated contracts and 
     bundled contracts.
                                  ____

  SA 3930. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 194, between lines 13 and 14, insert the following:

     SEC. 828. REPORT ON EFFECTS OF ARMY CONTRACTING AGENCY.

       (a) In General.--The Secretary of the Army shall submit a 
     report on the effects of the establishment of an Army 
     Contracting Agency on small business participation in Army 
     procurements during the first year of operation of such an 
     agency to--
       (1) the Committee on Armed Services of the House of 
     Representatives;
       (2) the Committee on Armed Services of the Senate;
       (3) the Committee on Small Business of the House of 
     Representatives; and
       (4) the Committee on Small Business and Entrepreneurship of 
     the Senate.
       (b) Content.--The report required under subsection (a) 
     shall include, in detail--
       (1) the justification for the establishment of an Army 
     Contracting Agency;
       (2) a discussion of how the establishment and operations of 
     an Army Contracting Agency has affected Army compliance 
     with--
       (A) Department of Defense Directive 4205.1;
       (B) section 15(g) of the Small Business Act; and
       (C) section 15(k) of the Small Business Act;
       (3) the effect of the establishment and operations of an 
     Army Contracting Agency on small business participation in 
     Army procurement contracts, including--
       (A) the impact on small businesses located near Army 
     installations, including--
       (i) the increase or decrease in the total value of Army 
     prime contracting with local small businesses; and
       (ii) the opportunities for small business owners to meet 
     and interact with Army procurement personnel; and
       (B) the increase in consolidated contracts and bundled 
     contracts; and
       (4) if there is a negative effect on small business 
     participation in Army procurement contracts, in general or 
     near any Army installation, a description of the Army's plan 
     to increase small business participation where it is 
     negatively affected.
       (c) Time for Submission.--The report under this section 
     shall be due 15 months after the date of the establishment of 
     the Army Contracting Agency.
                                  ____

  SA 3931. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle D of title XXVIII, add the 
     following:

     SEC. 2842. DESIGNATION OF CERTAIN LOUISIANA HIGHWAY AS 
                   DEFENSE ACCESS ROAD.

       Louisiana Highway 28 between Alexandria, Louisiana, and 
     Leesville, Louisiana, a road providing access to the Joint 
     Readiness Training Center, Louisiana, and to Fort Polk, 
     Louisiana, is hereby designated as a defense access road for 
     purposes of section 210 of title 23, United States Code.
                                  ____

  SA 3932. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 258, after line 24, insert the following:

     SEC. 1065. PROGRAMMING FOR A 310-SHIP FLEET FOR THE NAVY.

       (a) Findings.--Congress makes the following findings:
       (1) The 2001 Quadrennial Defense Review establishes that 
     the United States should maintain a Navy of at least 310 
     ships.

[[Page S5874]]

       (2) The President proposes to procure only five ships for 
     the Navy in fiscal year 2003 and proposes to procure only an 
     average of 6.8 ships for the Navy annually thereafter through 
     fiscal year 2007.
       (3) The current level of spending on shipbuilding for the 
     Navy will result in a Navy fleet of approximately 238 ships 
     within 35 years.
       (4) It is necessary for the Navy to procure over the long 
     term, on average, 8.9 new ships each year (the steady-state 
     replacement rate) in order to support the President's plans 
     to achieve and maintain a Navy fleet of 310 ships.
       (5) It may be necessary to achieve an average procurement 
     rate of 11.2 ships each year beginning in fiscal year 2008 in 
     order to compensate for the procurement of ships at an 
     average annual rate below 8.9 ships in previous fiscal years.
       (6) The Navy provides a United States presence worldwide, 
     especially where forward land basing of United States forces 
     is not possible.
       (7) Seapower of the United States Navy is a cornerstone of 
     our national defense.
       (b) Future-Years Defense Program.--It is the policy of the 
     United States for the budget of the United States for fiscal 
     years after fiscal year 2003, and for the future-years 
     defense program for such fiscal years (under section 221 of 
     title 10, United States Code), to include sufficient funding 
     for the Navy to maintain a fleet of at least 310 ships.
       (c) Annual Certification of Sufficiency.--The President 
     shall include in the budget submitted to Congress under 
     section 1105(a) of title 31, United States Code, for each 
     fiscal year after fiscal year 2003 either--
       (1) a certification that the budget provides a level of 
     funding for the Navy that is sufficient to sustain a fleet of 
     at least 310 ships; or
       (2) an explanation of why the budget does not provide such 
     level of funding.
                                  ____

  SA 3933. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle C of title V, add the following:

     SEC. 522. LEAVE OF ABSENCE FOR MILITARY SERVICE.

       (a) Obligation as Part of Program Participation 
     Requirements.--Section 487(a)(22) of the Higher Education Act 
     of 1965 (20 U.S.C. 1094(a)(22)) is amended by inserting ``and 
     with the policy on leave of absence for active duty military 
     service established pursuant to section 484C'' after 
     ``section 484B''.
       (b) Leave of Absence for Military Service.--Part G of title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et 
     seq.) is amended by inserting after section 484B the 
     following:

     ``SEC. 484C. LEAVE OF ABSENCE FOR MILITARY SERVICE.

       ``(a) Leave of Absence Required.--Whenever a student who is 
     a member of the National Guard or other reserve component of 
     the Armed Forces of the United States, or a member of such 
     Armed Forces in a retired status, is called or ordered to 
     active duty, the institution of higher education in which the 
     student is enrolled shall grant the student a military leave 
     of absence from the institution--
       ``(1) while such student is serving on active duty; and
       ``(2) for 1 year after the conclusion of such service.
       ``(b) Consequences of Military Leave of Absence.--
       ``(1) Preservation of status and accounts.--A student on a 
     military leave of absence from an institution of higher 
     education shall be entitled, upon release from serving on 
     active duty, to be restored to the educational status such 
     student had attained prior to being ordered to such duty 
     without loss of--
       ``(A) academic credits earned;
       ``(B) scholarships or grants awarded; or
       ``(C) subject to paragraph (2), tuition and other fees paid 
     prior to the commencement of the active duty.
       ``(2) Refunds.--
       ``(A) Option of refund or credit.--An institution of higher 
     education shall refund tuition or fees paid or credit the 
     tuition and fees to the next period of enrollment after the 
     student returns from a military leave of absence, at the 
     option of the student. Notwithstanding the 180-day limitation 
     in section 484B(a)(2), a student on a military leave of 
     absence under this section shall not be treated as having 
     withdrawn for purposes of section 484B unless the student 
     fails to return at the end of the military leave of absence 
     (as determined under subsection (a)).
       ``(B) Proportionate reduction of refund for time 
     completed.--If a student requests a refund during a period of 
     enrollment, the percentage of the tuition and fees that shall 
     be refunded shall be equal 100 percent minus the percentage 
     of the period of enrollment (for which the tuition and fees 
     were paid) that was completed (as determined in accordance 
     with section 484B(d)) as of the day the student withdrew.
       ``(c) Active Duty.--The term `active duty' has the meaning 
     given such term in section 101(d)(1) of title 10, United 
     States Code, except that such term does not include active 
     duty for training or attendance at a service school, but does 
     include, in the case of members of the National Guard, active 
     State duty.''.
                                  ____

  SA 3934. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle F of title V, add the following:

     SEC. 554. NATIONAL GUARD CHALLENGE PROGRAM.

       (a) Increase in Fiscal Year Limitation on Amount Available 
     for Program.--(1) Section 509(b)(2)(A) of title 32, United 
     States Code, is amended by striking ``$62,500,000'' and 
     inserting ``$66,000,000''.
       (2) The amendment made by paragraph (1) shall take effect 
     on October 1, 2002, and shall apply with respect to fiscal 
     years beginning on or after that date.
       (b) Authorization of Appropriations for Fiscal Year 2003.--
     The total amount authorized to be appropriated by this Act 
     for the Department of Defense for fiscal year 2003 for the 
     National Guard Challenge Program of opportunities for 
     civilian youth under section 509 of title 32, United States 
     Code, is $66,000,000.
                                  ____

  SA 3935. Mr. NELSON of Florida (for himself and Mr. Johnson) 
submitted an amendment intended to be proposed by him to the bill S. 
2514, to authorize appropriations for fiscal year 2003 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 146, between lines 2 and 3, insert the following:

     SEC. 644. REPEAL OF REQUIREMENT FOR REDUCTION OF SBP SURVIVOR 
                   ANNUITIES BY DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Repeal.--(1) Section 1450 of title 10, United States 
     Code, is amended by striking subsections (c) and (e).
       (2) Section 1451(c) of such title is amended by striking 
     paragraph (2).
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date specified in subsection (c) by reason of the amendments 
     made by subsection (a).
       (c) Effective Date.--The amendments made by subsection (a) 
     shall take effect on--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted, if later than the 
     date specified in paragraph (1).
                                  ____

  SA 3936. Mr. NELSON of Florida (for himself and Mr. Roberts) 
submitted an amendment intended to be proposed by him to the bill S. 
2514, to authorize appropriations for fiscal year 2003 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title X, add the following:

     SEC. 1035. REPORTS ON EFFORTS TO RESOLVE WHEREABOUTS AND 
                   STATUS OF CAPTAIN MICHAEL SCOTT SPEICHER, 
                   UNITED STATES NAVY.

       (a) Reports.--Not later than 60 days after the date of the 
     enactment of this Act, and every 90 days thereafter, the 
     Secretary of Defense shall, in consultation with the 
     Secretary of State and the Director of Central Intelligence, 
     submit to Congress a report on the efforts of the United 
     States Government to determine the whereabouts and status of 
     Captain Michael Scott Speicher, United States Navy.
       (b) Period Covered by Reports.--The first report under 
     subsection (a) shall cover efforts described in that 
     subsection preceding the date of the report, and each 
     subsequent report shall cover efforts described in that 
     subsection during the 90-day period ending on the date of 
     such report.
       (c) Report Elements.--Each report under subsection (a) 
     shall describe, for the period covered by such report--
       (1) all direct and indirect contacts with the Government of 
     Iraq, or any successor government, regarding the whereabouts 
     and status of Michael Scott Speicher;
       (2) any request made to the government of another country, 
     including the intelligence

[[Page S5875]]

     service of such country, for assistance in resolving the 
     whereabouts and status of Michael Scott Speicher, including 
     the response to such request;
       (3) each current lead on the whereabouts and status of 
     Michael Scott Speicher, including an assessment of the 
     utility of such lead in resolving the whereabouts and status 
     of Michael Scott Speicher; and
       (4) any cooperation with nongovernmental organizations or 
     international organizations in resolving the whereabouts and 
     status of Michael Scott Speicher, including the results of 
     such cooperation.
       (d) Form of Reports.--Each report under subsection (a) 
     shall be submitted in classified form, but may include an 
     unclassified summary.
                                  ____

  SA 3937. Mr. NELSON of Florida (for himself and Mr. Allard) submitted 
an amendment intended to be proposed by him to the bill S. 2514, to 
authorize appropriations for fiscal year 2003 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title I, add the following:

     SEC. 135. SENSE OF CONGRESS REGARDING ASSURED ACCESS TO 
                   SPACE.

       (a) Findings.--Congress makes the following findings:
       (1) Assured access to space is a vital national security 
     interest of the United States.
       (2) The Evolved Expendable Launch Vehicle program of the 
     Department of Defense is a critical element of the 
     Department's plans for assuring United States access to 
     space.
       (3) Significant contractions in the commercial space launch 
     marketplace have eroded the overall viability of the United 
     States space launch industrial base and could hamper the 
     ability of the Department of Defense to provide assured 
     access to space in the future.
       (4) The continuing viability of the United States space 
     launch industrial base is a critical element of any strategy 
     to ensure the long-term ability of the United States to 
     assure access to space.
       (5) The Under Secretary of the Air Force, as acquisition 
     executive for space programs in the Department of Defense, 
     has been authorized to develop a strategy to address United 
     States space launch and assured access to space requirements.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Under Secretary of the Air Force should--
       (1) evaluate all options for sustaining the United States 
     space launch industrial base;
       (2) develop an integrated, long-range, and adequately 
     funded plan for assuring United States access to space; and
       (3) submit to Congress a report on the plan at the earliest 
     opportunity practicable.
                                  ____

  SA 3938. Mr. LEVIN (for himself and Mr. Warner) proposed an amendment 
to the bill S. 2514, to authorize appropriations for fiscal year 2003 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       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.
                                  ____

  SA 3939. Mr. LEVIN (for himself and Mr. Warner) proposed an amendment 
to the bill S. 2514, to authorize appropriations for fiscal year 2003 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       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 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

[[Page S5876]]

     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.
                                  ____

  SA 3940. Mr. LEVIN (for himself and Mr. Warner) proposed an amendment 
to the bill S. 2514, to authorize appropriations for fiscal year 2003 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 23, between lines 12 and 13, and 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.
                                  ____

  SA 3941. Mr. WARNER (for Mr. Sessions) proposed an amendment to the 
bill S. 2514, to authorize appropriations for fiscal year 2003 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       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.
                                  ____

  SA 3942. Mr. LEVIN (for Mr. Cleland) proposed an amendment to the 
bill S. 2514, to authorize appropriations for fiscal year 2003 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       Strike section 344.
                                  ____

  SA 3943. Mr. WARNER (for Ms. Collins) proposed an amendment to the 
bill S. 2514, to authorize appropriations for fiscal year 2003 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       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.
                                  ____

  SA 3944. Mr. LEVIN (for Ms. Landrieu) proposed an amendment to the 
bill S. 2514, to authorize appropriations for fiscal year 2003 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       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.
                                  ____

  SA 3945. Mr. WARNER (for Mr. Grassley (for himself, Mr. Harkin, Mrs. 
Clinton, Mr. Schumer, Mr. Durbin, Mr. Fitzgerald, and Mrs. Lincoln)) 
proposed an amendment to the bill S. 2514, to authorize appropriations 
for fiscal year 2003 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       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).''.
                                  ____

  SA 3946. Mr. LEVIN (for Mr. Cleland for (himself and Mr. 
Hutchinson)), proposed an amendment to the bill S. 2514, to authorize 
appropriations for fiscal year 2003 for military activites of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       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''.

[[Page S5877]]

     
                                  ____
  SA 3947. Mr. LEVIN (for Mr. Cleland) proposed an amendment to the 
bill S. 2514, to authorize appropriations for fiscal year 2003 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       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.
                                  ____

  SA 3948. Mr. LEVIN (for Mr. Cleland) proposed an amendment to the 
bill S. 2514, to authorize appropriations for fiscal year 2003 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       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.''.
                                  ____

  SA 3949. Mr. LEVIN (for Mr. Cleland) proposed an amendment to the 
bill S. 2514, to authorize appropriations for fiscal year 2003 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       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''.
                                  ____

  SA 3950. Mr. LEVIN (for Mr. Cleland) proposed an amendment to the 
bill S. 2514, to authorize appropriations for fiscal year 2003 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       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''.
                                  ____

  SA 3951. Mr. LEVIN (for himself and Mr. Sessions) proposed an 
amendment to the bill S. 2514, to authorize appropriations for fiscal 
year 2003 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

       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.''.

                          ____________________