[Congressional Record Volume 148, Number 84 (Friday, June 21, 2002)]
[Senate]
[Pages S5881-S5886]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2003

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will now resume consideration of S. 2514, which the clerk will 
report.
  The legislative clerk read as follows:

       A 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.

  Pending:

       Murray/Snowe amendment No. 3927, to restore a previous 
     policy regarding restrictions on use of Department of Defense 
     facilities.

  Mr. WARNER. Mr. President, Senator Santorum consulted with me 
yesterday at great length about his desire not to have this vote today. 
He wished to be present. He had to be absent for valid reasons.
  I want to state for the record that were the Senator from 
Pennsylvania, Mr. Santorum, present, he would vote in the negative.


                       Vote on Amendment No. 3927

  Mr. REID. I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second? There 
is a sufficient second.
  The question is on agreeing to the amendment. The clerk will call the 
roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Louisiana (Mr. Breaux) and 
the Senator from Georgia (Mr. Miller) are necessarily absent.
  Mr. NICKLES. I announce that the Senator from Idaho (Mr. Craig), the 
Senator from Texas (Mr. Gramm), the Senator from North Carolina (Mr. 
Helms), the Senator from Texas (Mrs. Hutchison), the Senator from 
Pennsylvania (Mr. Santorum), and the Senator from Wyoming (Mr. Thomas) 
are necessarily absent.
  I further announce that if present and voting the Senator from North 
Carolina (Mr. Helms) and the Senator from Pennsylvania (Mr. Santorum) 
would each vote ``no.''
  The PRESIDING OFFICER (Mr. Carper). Are there any other Senators in 
the Chamber desiring to vote?

[[Page S5882]]

  The result was announced--yeas 52, nays 40, as follows:

                      [Rollcall Vote No. 160 Leg.]

                                YEAS--52

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Collins
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Rockefeller
     Sarbanes
     Schumer
     Snowe
     Specter
     Stabenow
     Stevens
     Torricelli
     Wellstone
     Wyden

                                NAYS--40

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Cochran
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchinson
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Murkowski
     Nelson (NE)
     Nickles
     Reid
     Roberts
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Thompson
     Thurmond
     Voinovich
     Warner

                             NOT VOTING--8

     Breaux
     Craig
     Gramm
     Helms
     Hutchison
     Miller
     Santorum
     Thomas
  The amendment (No. 3927) was agreed to.
  Mrs. MURRAY. Mr. President, I move to reconsider the vote.
  Mr. REID. Mr. President, I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. DASCHLE. Mr. President, I am sure everybody is aware that this is 
the last vote of the day. I know our colleagues, both Senator Levin and 
Senator Warner, are interested, however, in continuing debate on the 
bill throughout the day and on Monday. We will be in session. We will 
be in a position to entertain amendments and to bring them to closure.
  My hope is we can use these 2 days. I am inclined to press for a 
finite list, but we will not do that today. Senators should be aware 
that next week is going to be a very busy week. Those who want to wait 
until Tuesday or Wednesday should not count on having a lot of time to 
debate their amendments. We have 2 great days--today and Monday--to 
offer amendments. I hope Senators will do so.
  There will be a vote Monday night--at least one and maybe more. So 
Senators should be prepared to vote on Monday after 5 o'clock. We will 
announce a time certain after consultation with the Republican leader, 
and Senators should be prepared to come back and vote on Monday so that 
we can begin a full day of work on the bill on Tuesday and, hopefully, 
complete our work Wednesday or Thursday.
  I know the distinguished Republican leader has some comments and 
questions. I will yield the floor to him at this time.
  The PRESIDING OFFICER. The Republican leader is recognized.
  Mr. LOTT. Mr. President, I thank Senator Daschle for his comments and 
yielding so I can engage in a colloquy with him.
  First, regarding the schedule and the majority leader's intent to 
move forward, I certainly support what he is trying to do. I think good 
progress has been made this week on the Defense authorization bill. I 
think we have disposed of two or three issues that could have been very 
contentious. It took a little time, but we got them done without much 
difficulty. I assume that next week we will have not more than 4\1/2\ 
days to finish this bill and maybe some other actions in addition to 
that.
  I join the majority leader in urging Members, if they have a serious 
amendment, to identify it to the managers. This is aimed at both sides. 
Let's not make up this fictitious list of grand designs where Senators 
say ``I have 10 amendments'' when everybody knows he or she has one or 
none.
  Also, it seems to me, as I recall from studying the list, that there 
are about four other amendments that could take some time and could be 
somewhat controversial and require some votes. But there should not be 
a long list. I hope our managers will not have to sit here all day 
Monday begging Senators to offer amendments and nobody showing up, and 
then whine on Thursday if the majority leader has to file a cloture and 
say: I got cut out.
  These managers are excellent and experienced and they are going to 
try to move forward. There has been good cooperation and we need to 
continue that. Hopefully, we can do effective work on Monday and get a 
list that we are really going to have to do, and avoid forcing the 
majority leader to have to file cloture, as he clearly will have to do 
Tuesday afternoon if we don't have some idea of how we are going to 
proceed. I used to get into that position, too. It is not always the 
majority leader's choice.
  I want to press the point that this is serious legislation. The 
country needs it, our military men and women need it. The majority 
leader did the right thing in moving to it. He has a right to expect us 
to work in good faith in bringing up amendments that are serious and 
need to be debated.
  The PRESIDING OFFICER. The Senator from Virginia is recognized.
  Mr. WARNER. Mr. President, I was going to advise the leadership that 
the distinguished Senator from New Hampshire, Mr. Smith, is prepared to 
address the Senate on his amendment. That could start between 4 and 
4:30 and perhaps meet the hour designated with the leadership for a 
vote.
  I also wish to request, respectfully, of the leaders to repeat the 
statements made yesterday by both leaders to the effect that the 
criteria to be established by the distinguished chairman and myself is 
that the amendments must be relevant. Would the leader be kind enough 
to repeat that for the record so all can hear.
  Mr. DASCHLE. Mr. President, let me reiterate what we did say 
yesterday for the record. Under the agreement we have now entered into, 
amendments have to be relevant--not necessarily germane, in the 
definition of Senate parlance, but certainly relevant. We leave it to 
the two managers to determine that--not the Parliamentarians but the 
managers. They will be the arbiters of relevancy. They are fair and 
they are respected on both sides of the aisle. I respect their judgment 
and will stand behind the decisions they make.
  Having said that, I hope we are limiting ourselves to relevant 
amendments, that Senators at least come forward with some understanding 
of what the amendments--relevant amendments--are. While we don't need a 
finite list today, it would be helpful to know what relevant amendments 
Senators are intending to offer so that we have some ability to 
schedule for the remainder of the week.
  Mr. LEVIN. Mr. President, will the Republican leader yield?
  Mr. LOTT. I will be glad to yield.
  Mr. LEVIN. First, I thank the majority leader and the Republican 
leader for their continuing efforts to move this bill along. Senator 
Warner pointed out that Senator Smith will be ready on Monday afternoon 
with his amendment. I understand Senator Dayton, who is a cosponsor of 
that amendment, will also be available. We think we have confirmed that 
as well. We could proceed perhaps at 4 o'clock. We expect a rollcall 
vote on that amendment. Perhaps we can get a time agreement on that 
amendment today, which will also help facilitate this matter.
  Both Senator Warner and I will be here this morning at least, we will 
be here on Monday, and we hope Senators who have relevant amendments 
will inform us of that. We also are going to be able to clear some 
amendments in the next few hours, we hope, and either take care of 
those today or Monday.


                              Nominations

  Mr. LOTT. Mr. President, I would like to make a couple of other 
points. We also need to move some nominations in the next week. Senator 
Daschle and I are trying to find a way to get that process moving. A 
lot of these are not controversial. They are Republican and Democrat, 
people such as Congressman Tony Hall, who is awaiting confirmation to 
be Ambassador for the United Nations Agency for Food and Agriculture. A 
number of these are U.S. attorneys and U.S. marshals.
  I urge the majority leader to consider beginning to do packages as we 
go along so we do not have them all stacked up at the end on Thursday 
or Friday where one objection, unrelated to the nominations, could deny 
all these people who have been waiting, some of them a good while, an 
opportunity to be considered.

[[Page S5883]]

  Also, I am concerned that--I don't know--11 or 12 judges are on the 
calendar. I think most of them are noncontroversial. But if we have to 
have a recorded vote, that could run into a lot of time and could 
really delay some of our work next week.
  I wanted to make that point to the majority leader and urge him to 
see if we can begin work together to develop a list, large or small, 
along the way, rather than just one huge package at the end next week.
  I yield the floor so Senator Daschle can respond.
  The PRESIDING OFFICER. The majority leader.
  Mr. DASCHLE. Mr. President, I share the concern for the growing list 
of executive nominations. I say to my colleagues that the distinguished 
Republican leader and I and our staffs have been discussing this matter 
at length over the course of the last couple of weeks.
  There have been meetings as late as yesterday with the White House 
with regard to an understanding about how we might go forward. I have 
not had the opportunity to talk with my staff this morning as to the 
progress made on those discussions, but I have every reason to believe 
we have made substantial progress and that we ought to be in a position 
to begin moving all of those nominations on the calendar next week. I 
also share his view that when that happens, we do not want to leave 
them to the end.
  We may dual track next week to the extent that it is possible with 
the Defense bill so we can complete work on the Defense bill on 
schedule but chip away at that Executive Calendar list throughout the 
week. Certainly, if negotiations have been completed and we have all 
come to some agreement, it would be my intention to do it perhaps as 
early as Monday.
  Mr. LOTT. Mr. President, if I can get the floor back.
  The PRESIDING OFFICER. The Republican Leader.


                       Yucca Mountain Resolution

  Mr. LOTT. Mr. President, I wish to raise one other issue. By law, the 
Senate must consider a joint resolution regarding the Yucca Mountain 
facility which has passed the House and has been reported out of the 
Senate Energy and Natural Resources Committee. We are quickly 
approaching a deadline for that legislation, which is also written in 
the law. It is my hope we can get an indication as to when that 
resolution will be scheduled as provided under the statute.
  I remind my colleagues that the law provides an expedited process for 
that measure, and it will only take 10 hours or less if Members decide 
not to use all the time, of course. We have offered--in fact, I think 
both sides have offered--suggestions as to how we might proceed. We do 
have a suggestion for consent that I have sent over to Senator Daschle 
as to how to proceed on the resolution so Members will know exactly how 
we will go forward and what time, when we might actually get to it.
  It is unclear if that will be accepted, but I just want our 
colleagues to know we are trying to get some clarification of exactly 
when we will go to this very important joint resolution dealing with 
the Yucca Mountain site for nuclear waste disposal.
  I add that the majority leader had previously stated his intent to 
proceed to a number of other important issues in July. We have a lot of 
important work that needs to be done and only 4 weeks in that time. 
Given the busy schedule, including the prospect of appropriations 
bills, it would be my hope that the Senate could consider this 
resolution even next week. I realize that would be contingent upon 
completing the Defense authorization bill, but I have a good feeling 
about how the Defense authorization bill may proceed next week. Maybe I 
am dreaming on this first day of summer to think we could actually 
finish it a little early, but I am hoping for the very best, and this 
resolution could possibly even be brought up next week.
  If not then, we do need to get some indication of when we will 
proceed. It is governed by law. I ask the leader to consider scheduling 
this measure and giving advice to colleagues as to when he anticipates 
this matter will be considered.
  I yield the floor to Senator Daschle for a response he wants to give.
  The PRESIDING OFFICER. The majority leader.
  Mr. DASCHLE. Mr. President, I have no intention at this point to 
bring it up certainly this coming week. As the distinguished Republican 
leader knows, I have made no secret of my opposition to the resolution, 
and I know that sentiment is shared by a large percentage of our 
colleagues on this side of the aisle.
  It is, of course, within the right of any Senator without debate to 
move to the resolution under the law. This is not a Senate rule. This 
is a law promulgated in 1982. Any Senator can move to it, and when that 
occurs, the motion to proceed is voted upon, and then a 10-hour debate, 
wherein no amendments are authorized to ensue, with a vote to follow at 
the expiration of that 10 hours.
  Every Senator has the confidence that if he or she chooses to make 
that position, it supplants whatever is on the floor at the time. That 
is the prerogative, unfortunately in my view, of any Senator given the 
law. It supersedes all Senate rules. I hope we will not avail ourselves 
of these expeditious moves in the future. Senate procedure ought to be 
respected, but I can do nothing about the current circumstances.
  As the Senator knows, clearly that is within his right or the rights 
of other colleagues interested in moving legislation. I would oppose it 
when or if it is offered, but that is certainly the right of a 
colleague to consider.
  Mr. LOTT. I thank Senator Daschle for his comments. I understand this 
issue is privileged. It is like conference reports. It does not 
displace anything; it just temporarily interrupts it, and we can go 
right back to the pending business. That is why I raise the subject.
  I want everybody to understand that nobody is trying to shove this in 
an unfair way. There is a lot of consultation involved on both sides. 
We want to make sure Members understand how it can proceed and what the 
issue is and also give Senators who have concerns in opposition full 
knowledge of what time and how this will come up. That is why I bring 
it up at this point.
  I understand and appreciate Senator Daschle's position and the 
statement he just gave our colleagues.


                      Congressional Baseball Game

  Mr. LOTT. Mr. President, on a final happy note, I observe there was a 
baseball game last night, really outstanding game to retire the trophy. 
I am pleased to say the Romping Elephants were able to bring home the 
victory and retire the trophy. The score was 9 to 2.
  Why would I bring that up in the Senate since usually it is the 
younger and more inexperienced House Members who play on these baseball 
teams? In fact, one of the stars of the game was the Senator from 
Nevada, John Ensign, who played a sterling game at shortstop and 
actually got a walk, a hit, scored a run, and I think snagged about 
eight balls.
  So it just goes to show that Senators not only are older and more 
experienced but also perhaps more talented.
  Mr. REID. Will the Senator yield?
  Mr. LOTT. With that glowing conclusion, I yield the floor.
  Mr. REID. If the Senator will yield before he leaves, I will say a 
word in response.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. On a less serious note, the Senator from Mississippi got 
about as many hits as I did last night; right?
  Mr. LOTT. Yes.
  Mr. REID. The Senator did about as well as I did in the baseball 
game, which is not very well. We did not play.
  I have sat silently listening to the colloquy between the two leaders 
on an issue of importance to me, and that is the nuclear waste issue. 
There are many of us--and I have spoken at great length with the 
majority leader--who believe the law that was passed stands Senate 
precedent on its head and there will be a concerted effort by a number 
of Republicans and a significant number of Democrats, with the majority 
leader, saying it sets such a bad precedent that the motion to proceed 
should not, of course, go forward.
  While the two leaders are present, I wanted to make sure everyone 
understood this is not a slam dunk, that the motion to proceed or 
whatever we want to call this unique aspect of law that passed is 
certainly not assured of going forward.

[[Page S5884]]

  Whenever a Republican decides to bring it up, there will be a vote on 
this so-called motion to proceed, and I am hopeful and cautiously 
optimistic that it will not prevail. I wanted to make sure everyone 
understood that.
  The PRESIDING OFFICER. The majority leader.
  Mr. DASCHLE. Mr. President, I am sorry the Republican leader had to 
bring up the score of the game last night. He could have quietly and 
graciously noted that the Republicans won, but it is his right to 
notice publicly that we got trounced last night. But there is another 
day. I graciously admit defeat in this case. We did have some star 
players, and I congratulate Senator Ensign on his valiant performance. 
But there is another day, another game, and we are going to try to 
level the playing field next year. In the meantime, we will try to do 
the best we can to win our victories on the Senate floor.
  Mr. REID. If the leader will allow me to say this: We do appreciate 
very much that the Republicans did not bring on Hall of Famer Jim 
Bunning to pitch against the Democrats.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEVIN. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Corzine). Without objection, it is so 
ordered.


                           Amendment No. 3953

  Mr. LEVIN. Mr. President, on behalf of Senator Warner and myself, I 
offer an amendment which would extend the authority for the Secretary 
of Defense to engage in commercial activities as security for 
intelligence collection activities. I send that amendment to the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for himself and Mr. 
     Warner, proposes an amendment numbered 3953.

  The amendment is as follows:

(Purpose: To extend the authority of the Secretary of Defense to engage 
   in commercial activities as security for intelligence collection 
                              activities)

       On page 90, between lines 19 and 20, and insert the 
     following:

     SEC. 346. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY OF 
                   DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS 
                   SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES 
                   ABROAD.

       Section 431(a) of title 10, United States Code, is amended 
     by striking ``December 31, 2002'' in the second sentence and 
     inserting ``December 31, 2004''.

  Mr. WARNER. Mr. President, the amendment is cleared on this side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3953) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3954

  Mr. LEVIN. Mr. President, on behalf of Senator Nelson of Florida and 
Senator Allard, I offer an amendment which sets forth the sense of the 
Senate that maintaining assured access to space is in the national 
security interest and that the Under Secretary of the Air Force should 
evaluate all options to maintain such access. I send that amendment to 
the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Nelson of 
     Florida, for himself and Mr Allard, proposes an amendment 
     numbered 3954.

  The amendment is as follows:

(Purpose: To express the sense of Congress regarding assured access to 
                                 space)

       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.

  Mr. WARNER. Mr. President, the amendment has been cleared on this 
side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3954) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3955

  Mr. WARNER. Mr. President, on behalf of Senator Hutchison of Texas, I 
offer an amendment which would authorize a land conveyance at Fort 
Hood, TX, for the purpose of establishing a veterans cemetery.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mrs. Hutchison, 
     proposes an amendment numbered 3955.

  The amendment is as follows:

     (Purpose: To authorize a land conveyance at Fort Hood, Texas)

       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.

  Mr. WARNER. Mr. President, I understand this amendment has been 
cleared.
  Mr. LEVIN. It has been cleared on this side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3955) was agreed to.
  Mr. WARNER. I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3956

  Mr. LEVIN. Mr. President, on behalf of Senators Akaka and Inhofe, I 
offer an amendment which would authorize, as a force protection 
measure, the replacement of a public road at Aviano Air Base, Italy.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Akaka, for 
     himself and Mr. Inhofe, proposes an amendment numbered 3956.


[[Page S5885]]


  The amendment is as follows:

 (Purpose: To provide authority to use military construction funds for 
  construction of a public road to replace a public road adjacent to 
     Aviano Air Base, Italy, closed for force protection purposes)

       At the end of title XXIII, add the following:

     SEC. 2305. AUTHORITY FOR USE OF MILITARY CONSTRUCTION FUNDS 
                   FOR CONSTRUCTION OF PUBLIC ROAD NEAR AVIANO AIR 
                   BASE, ITALY, CLOSED FOR FORCE PROTECTION 
                   PURPOSES.

       (a) Authority To Use Funds.--The Secretary of the Air Force 
     may, using amounts authorized to be appropriated by section 
     2301(b), carry out a project to provide a public road, and 
     associated improvements, to replace a public road adjacent to 
     Aviano Air Base, Italy, that has been closed for force 
     protection purposes.
       (b) Scope of Authority.--(1) The authority of the Secretary 
     to carry out the project referred to in subsection (a) shall 
     include authority as follows:
       (A) To acquire property for the project for transfer to a 
     host nation authority.
       (B) To provide funds to a host nation authority to acquire 
     property for the project.
       (C) To make a contribution to a host nation authority for 
     purposes of carrying out the project.
       (D) To provide vehicle and pedestrian access to landowners 
     effected by the project.
       (2) The acquisition of property using authority in 
     subparagraph (A) or (B) of paragraph (1) may be made 
     regardless of whether or not ownership of such property will 
     vest in the United States.
       (c) Inapplicability of Certain Real Property Management 
     Requirement.--Section 2672(a)(1)(B) of title 10, United 
     States Code, shall not apply with respect to any acquisition 
     of interests in land for purposes of the project authorized 
     by subsection (a).

  Mr. WARNER. Mr. President, the amendment has been cleared on this 
side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3956) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3957

  Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf 
of Senators Akaka and Inhofe, which would extend the authorization for 
a fiscal year 2000 military construction project at Lackland Air Force 
Base, TX.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Akaka, for 
     himself and Mr. Inhofe, proposes an amendment numbered 3957.

  The amendment is as follows:

  (Purpose: To authorize the extension of a fiscal year 2000 military 
construction project for a dormitory at Lackland Air Force Base, Texas)

       In the first table in section 2702(b), insert after the 
     item relating to Tinker Air Force Base, Oklahoma, the 
     following:


----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Texas...................................  Lackland Air Force Base....  Dormitory................      $5,300,000
----------------------------------------------------------------------------------------------------------------

  Mr. WARNER. Mr. President, the amendment has been cleared on this 
side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3957) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3958

  Mr. LEVIN. Mr. President, on behalf of Senators Akaka and Inhofe, I 
send an amendment to the desk which would make a technical correction 
to the land conveyance at Westover Air Reserve Base, MA, in section 
2824 of the bill.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Akaka, for 
     himself and Mr. Inhofe, proposes an amendment numbered 3958.

  The amendment is as follows:

(Purpose: To make a technical correction regarding the land conveyance, 
               Westover Air Reserve Base, Massachusetts)

       On page 336, beginning on line 10, strike ``188 housing 
     units'' and insert ``133 housing units''.

  Mr. WARNER. Mr. President, the amendment has been cleared on this 
side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3958) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3959

  Mr. LEVIN. Mr. President, on behalf of Senators Akaka and Inhofe, I 
send an amendment to the desk which would make a technical correction 
to a fiscal year 2003 military construction project authorization in 
Korea and to the amount authorized for a military construction project 
in Germany.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Akaka and 
     Mr. Inhofe, proposes an amendment numbered 3959.

  The amendment is as follows:

 (Purpose: To make technical corrections to authorizations for certain 
              military construction projects for the Army)

       In the table in section 2101(b), strike the item relating 
     to Landsthul, Germany, and insert the following new item:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                    Landstuhl...........      $2,400,000
------------------------------------------------------------------------

       In the table in section 2101(b), strike the item relating 
     to Camp Walker, Korea, and insert the following new item:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                    Camp Henry..........     $10,200,000
------------------------------------------------------------------------

  Mr. WARNER. Mr. President, the amendment is cleared on this side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3959) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3960

  Mr. LEVIN. Mr. President, on behalf of Senators Akaka and Inhofe, I 
offer an amendment to make a correction to a fiscal year 2001 military 
construction project authorization in Korea. This is a different 
amendment. I send that to the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Akaka and 
     Mr. Inhofe, proposes an amendment numbered 3960.

  The amendment is as follows:

 (Purpose: To modify the authority to carry out a certain fiscal year 
            2001 military construction project for the Army)

       At the end of title XXI, add the following:

     SEC. 2109. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2001 PROJECT.

       The table in section 2101(b) of the Military Construction 
     Authorization Act for Fiscal Year 2001 (division B 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-390) is amended by striking ``Camp Page'' in the 
     installation or location column and inserting ``Camp 
     Stanley''.

  Mr. WARNER. Mr. President, the amendment is cleared on this side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3960) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3961

  Mr. LEVIN. Mr. President, on behalf of Senators Clinton and Schumer, 
I offer an amendment which would modify leasing authorities under the 
alternative authority for acquisition and

[[Page S5886]]

improvement of family housing. I send that amendment to the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mrs. Clinton and 
     Mr. Schumer, proposes an amendment numbered 3961.

  The amendment is as follows:

(Purpose: To modify leasing authorities under the alternative authority 
          for acquisition and improvement of military housing)

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

     SEC. 2803. MODIFICATION OF LEASE AUTHORITIES UNDER 
                   ALTERNATIVE AUTHORITY FOR ACQUISITION AND 
                   IMPROVEMENT OF MILITARY HOUSING.

       (a) Leasing of Housing.--Subsection (a) of section 2874 of 
     title 10, United States Code, is amended to read as follows:
       ``(a) Lease Authorized.--(1) The Secretary concerned may 
     enter into contracts for the lease of housing units that the 
     Secretary determines are suitable for use as military family 
     housing or military unaccompanied housing.
       ``(2) The Secretary concerned shall utilize housing units 
     leased under paragraph (1) as military family housing or 
     military unaccompanied housing, as appropriate.''.
       (b) Repeal of Interim Lease Authority.--Section 2879 of 
     such title is repealed.
       (c) Conforming and Clerical Amendments.--(1) The heading 
     for section 2874 of such title is amended to read as follows:

     ``Sec. 2874. Leasing of housing''.

       (2) The table of sections at the beginning of subchapter IV 
     of chapter 169 of such title is amended--
       (A) by striking the item relating to section 2874 and 
     inserting the following new item:

``2874. Leasing of housing.''; and

       (B) by striking the item relating to section 2879.

  Mr. WARNER. Mr. President, the amendment has been cleared on this 
side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3961) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. Mr. President, I intend to remain for a period of time in 
case any Senator comes to the floor. Then we will consult on such time 
as we recommend to the leadership if this bill is laid aside, and such 
morning business time as may be, in the leader's judgment, appropriate.
  In a few minutes I hope to address the Senate with regard to the NATO 
forthcoming enlargement issue, as well as those issues relating to 
other matters which are important. I have some visitors at this moment, 
so I will have to absent myself from the floor.
  Mr. LEVIN. Mr. President, I thank the Senator from Virginia. I will 
also be available in the event someone with an amendment does come to 
the floor. I have to leave also for a few minutes, but I will be 
available for some time to join you and welcome anybody who does come 
to the floor with an amendment.

                          ____________________