[Congressional Record Volume 148, Number 86 (Tuesday, June 25, 2002)]
[Senate]
[Pages S6038-S6045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            AMENDMENTS SUBMITTED AND PROPOSED--JUNE 25, 2002

       SA 3973. 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.
       SA 3974. Mr. BUNNING submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3975. Ms. LANDRIEU submitted an amendment intended to be 
     proposed by her to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3976. Mr. HATCH (for himself, Mrs. Feinstein, and Mr. 
     Santorum) submitted an amendment intended to be proposed by 
     him to the bill S. 2514, supra; which was ordered to lie on 
     the table.
       SA 3977. Mr. ENZI submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3978. Mr. SANTORUM submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3979. Mr. SANTORUM submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3980. Mr. SANTORUM submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3981. Mr. SANTORUM submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3982. Mr. BIDEN submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3983. Mr. BIDEN submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3984. Mr. DeWINE submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3985. Mr. DOMENICI submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3986. Mr. DOMENICI submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3987. Mr. DOMENICI submitted an amendment intended to be 
     proposed by him to the bill S. 2514, supra; which was ordered 
     to lie on the table.
       SA 3988. Mr. DOMENICI (for himself and Mr. Stevens) 
     submitted an amendment intended to be proposed by him to the 
     bill S. 2514, supra; which was ordered to lie on the table.
       SA 3989. Mr. TORRICELLI submitted an amendment intended to 
     be proposed by him to the bill S. 2514, supra; which was 
     ordered to lie on the table.
  SA. 3973. 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 XXVIII, add the 
     following:

     SEC. 2829. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION PLANT, 
                   KANSAS.

       (a) Conveyance Authorized.--The Secretary of the Army or 
     the Administrator of General Services may convey, without 
     consideration, to the Johnson County Park and Recreation 
     District, Kansas (in this section referred to as the 
     ``District''), all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, in the State of Kansas consisting of 
     approximately 2,000 acres and containing the Sunflower Army 
     Ammunition Plant. The purpose of the conveyance is to permit 
     the District to use the parcel for recreational purposes.
       (b) Environmental Matters.--(1) With respect to the parcel 
     conveyed under subsection (a), the Secretary or Administrator 
     shall retain responsibility for carrying out, to levels 
     consistent with the intended use of the parcel by the 
     District--
       (A) any response action that may be required under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) or other 
     applicable provisions of law; and
       (B) any action required under any other statute to 
     remediate petroleum products (or their derivatives) or 
     propellants (or their derivatives).
       (2) Any Federal department or agency that had or has 
     operations resulting in the release or threatened release of 
     any hazardous substances, petroleum products (or their 
     derivatives) or propellants (or their derivatives) on, under, 
     or about the parcel conveyed under subsection (a), and any 
     Federal department or agency that owned the parcel at the 
     time of such release or threatened release, shall pay the 
     cost of any response action or other action that may be 
     necessary to remediate the parcel to levels consistent with 
     the intended use of the parcel by the District.
       (3) In accepting the parcel conveyed under subsection (a), 
     the District--
       (A) shall not be treated as a responsible party under 
     section 107(a) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)), 
     or any other applicable provision of law, for performing, or 
     paying the cost of, any response action or other action that 
     may be necessary as the result of any release or threatened 
     release of hazardous substances, petroleum products (or their 
     derivatives) or propellants (or their derivatives) on, under, 
     or about the parcel as a result of activities on the parcel 
     before the date of the conveyance; and
       (B) shall not be subject to suit for contribution for any 
     cost described by subparagraph (A) under section 113(f) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9613(f)), or any other 
     applicable provision of law.
       (c) Exception From Screening Requirement.--The conveyance 
     of property authorized by subsection (a) shall be made 
     without regard to the requirement under section 2696 of title 
     10, United States Code, that the property be screened for 
     further Federal use in accordance with the Federal Property 
     and Administrative Services Act of 1949 (40 U.S.C. 471 et 
     seq.).
       (d) Description of Property.--(1) 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 or Administrator.
       (2) The Secretary or Administrator may use for the purpose 
     of paragraph (1) a survey prepared by the National Park 
     Service if the Secretary or Administrator determines that the 
     survey is appropriate for that purpose.
       (3) If the Secretary or Administrator obtains for the 
     purpose of paragraph (1) a survey other than the survey 
     described in paragraph (2), the cost of such survey shall be 
     borne by the District.
       (e) Additional Terms and Conditions.--The Secretary or 
     Administrator may require such additional terms and 
     conditions in connection with the conveyance of real property 
     under subsection (a) as the Secretary or Administrator 
     considers appropriate to protect the interests of the United 
     States.
       (f) Effective Date.--This section shall take effect on 
     January 31, 2003.
                                  ____

  SA 3974. Mr. BUNNING 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 XXVIII, add the 
     following:

     SEC. 2829. LAND CONVEYANCE, BLUEGRASS ARMY DEPOT, RICHMOND, 
                   KENTUCKY.

       (a) Conveyance Authorized.--(1) The Secretary of the Army 
     may convey, without consideration, to Madison County, 
     Kentucky (in this section referred to as the ``County''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including any improvements thereon, 
     consisting of approximately 10 acres at the Bluegrass Army 
     Depot, Richmond, Kentucky, for the purpose of facilitating 
     the construction of a veterans' center on the parcel by the 
     State of Kentucky.
       (2) The Secretary may not make the conveyance authorized by 
     this subsection unless

[[Page S6039]]

     the Secretary determines that the State of Kentucky has 
     appropriated adequate funds for the construction of the 
     veterans' center.
       (b) Reversionary Interest.--If the Secretary determines 
     that the real property conveyed under subsection (a) ceases 
     to be utilized for the sole purpose of a veterans' center or 
     that reasonable progress is not demonstrated in constructing 
     the center and initiating services to veterans, all right, 
     title, and interest in and to the property shall revert to 
     the United States, and the United States shall have the right 
     of immediate entry onto the property. Any determination under 
     this subsection shall be made on the record after an 
     opportunity for a hearing.
       (c) Administrative Expenses.--The Secretary shall apply 
     section 2695 of title 10, United States Code, to the 
     conveyance authorized by subsection (a).
       (d) 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 County.
       (e) 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 3975. 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 division A, add the following new title:

                  TITLE XIII--MILITARY CHARTER SCHOOLS

    Subtitle A--Stable Transitions in Education for Armed Services' 
                            Dependent Youth

     SEC. 1301. SHORT TITLE.

       This subtitle may be cited as the ``Stable Transitions in 
     Education for Armed Services' Dependent Youth Act''.

     SEC. 1302. FINDINGS.

       Congress finds that--
       (1) States are establishing new and higher academic 
     standards for students in kindergarten through grade 12;
       (2) no Federal funding streams are specifically designed to 
     help States and school districts with the costs of providing 
     military or mobile students who are struggling academically, 
     with the extended learning time and accelerated curricula 
     that the students need to meet high academic standards;
       (3) forty-eight States now require State accountability 
     tests to determine student grade-level performance and 
     progress;
       (4) nineteen States currently rate the performance of all 
     schools or identify low-performing schools through State 
     accountability tests;
       (5) sixteen States now have the power to close, take over, 
     or overhaul chronically failing schools on the basis of those 
     tests;
       (6) fourteen States provide high-performing schools with 
     monetary rewards on the basis of those tests;
       (7) nineteen States currently require students to pass 
     State accountability tests to graduate from secondary school;
       (8) six States currently link student promotion to results 
     on State accountability tests;
       (9) thirty-seven States have a process in place that allows 
     charters to be a useful tool to bridge the gap created by 
     frequent school changes;
       (10) excessive percentages of students are not meeting 
     their State standards and are failing to perform at high 
     levels on State accountability tests; and
       (11) among mobile students, a common thread is that school 
     transcripts are not easily transferred and credits are not 
     accepted between public school districts in the United 
     States.

     SEC. 1303. PURPOSE.

       The purpose of this subtitle is to provide Federal support 
     through a new demonstration program to States and local 
     educational agencies, to enable the States and local 
     educational agencies to develop models for high quality 
     military charter schools that are specifically designed to 
     help mobile military dependent students attending public 
     school make a smooth transition from one school district to 
     another, even across State lines, and achieve a symbiotic 
     relationship between military installations and these school 
     districts.

     SEC. 1304. DEFINITIONS.

       In this subtitle:
       (1) Elementary school; secondary school; local educational 
     agency; state educational agency.--The terms ``elementary 
     school'', ``secondary school'', ``local educational agency'', 
     and ``State educational agency'' have the meanings given such 
     terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Military installation.--The term ``military 
     installation'' has the meaning given such term in section 
     2687(e)(1) of title 10, United States Code.
       (3) Military dependent student.--The term ``military 
     dependent student'' means an elementary school or secondary 
     school student who has a parent who is a member of the Armed 
     Forces, including a member of a reserve component of the 
     Armed Forces, without regard to whether the member is on 
     active duty or full-time National Guard duty (as defined in 
     section 101(d) of title 10, United States Code.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (5) Student.--The term ``student'' means an elementary 
     school or secondary school student.

     SEC. 1305. GRANTS TO STATES.

       (a) Grants Authorized.--
       (1) In general.--From amounts appropriated under section 
     1310, the Secretary, in consultation with the Secretary of 
     Education, shall establish a demonstration program through 
     which the Secretary shall make grants to State educational 
     agencies, on a competitive basis, to enable the State 
     educational agencies to assist local educational agencies in 
     establishing and maintaining high quality military charter 
     schools.
       (2) Distribution Rule.--In awarding grants under this 
     subtitle the Secretary shall ensure that such grants serve 
     not more than 10 States and not more than 35 local 
     educational agencies with differing demographics.
       (3) Special local rule.--
       (A) Nonparticipating State.--If a State chooses not to 
     participate in the demonstration program assisted under this 
     subtitle or does not have an application approved under 
     subsection (c), then the Secretary may award a grant directly 
     to a local educational agency in the State to assist the 
     local educational agency in carrying out high quality 
     military charter schools.
       (B) Local educational agency application.--To be eligible 
     to receive a grant under this paragraph, a local educational 
     agency shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       (C) Regulations.--The Secretary shall promulgate such 
     regulations as the Secretary determines necessary to carry 
     out this paragraph.
       (b) Eligibility and Selection.--
       (1) Eligibility.--For a State educational agency to be 
     eligible to receive a grant under subsection (a), the State 
     served by the State educational agency shall--
       (A) have in effect all standards and assessments required 
     under section 1111 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311);
       (B) compile and annually distribute to parents a public 
     school report card that, at a minimum, includes information 
     on student and school performance for each of the assessments 
     required under section 1111 of the Elementary and Secondary 
     Education Act of 1965;
       (C) require each military charter school assisted under 
     this subtitle to be an independent public school;
       (D) require each military charter school assisted under 
     this subtitle to operate under an initial 5-year charter 
     granted by a State charter authority, with specified check 
     points and renewal, as required by State law; and
       (E) require each military charter school assisted under 
     this subtitle to participate in the State's testing program.
       (2) Selection.--In selecting State educational agencies to 
     receive grants under this section, the Secretary shall make 
     the selections in a manner consistent with the purpose of 
     this subtitle.
       (c) Application.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a State educational agency shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       (2) Contents.--Such application shall include--
       (A) information describing specific measurable goals and 
     objectives to be achieved in the State through the military 
     charter schools carried out under this subtitle, which may 
     include specific measurable annual educational goals and 
     objectives relating to--
       (i) increased student academic achievement;
       (ii) decreased student dropout rates;
       (iii) governance, parental involvement plans, and 
     disciplinary policies;
       (iv) a military charter school admissions policy that 
     requires a minimum of 60 percent military dependent 
     elementary school or secondary school students, and a maximum 
     of 80 percent of military dependent students, except where 
     such percentages are impossible to maintain because of the 
     demographics of the area around the military installation;
       (v) liability and other insurance coverage, business and 
     accounting practices, and the procedures and methods employed 
     by the chartering authority in monitoring the school; and
       (vi) such other factors as the State educational agency may 
     choose to measure; and
       (B) information on criteria, established or adopted by the 
     State, that--
       (i) the State will use to select local educational agencies 
     for participation in the military charter schools carried out 
     under this subtitle; and
       (ii) at a minimum, will assure that grants provided under 
     this subtitle are provided to--

[[Page S6040]]

       (I) the local educational agencies in the State that are 
     sympathetic to, and take actions to ease the transition 
     burden upon, such local educational agencies' military 
     dependent students;
       (II) the local educational agencies in the State that have 
     the highest percentage of military dependent students 
     impacting the local school system or not meeting basic or 
     minimum required standards for State assessments required 
     under section 1111 of the Elementary and Secondary Education 
     Act of 1965; and
       (III) an assortment of local educational agencies serving 
     urban, suburban, and rural areas, and impacted by a local 
     military installation.

     SEC. 1306. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       (a) In General.--
       (1) First year.--Except as provided in paragraph (3), for 
     the first year that a State educational agency receives a 
     grant under this subtitle, the State educational agency shall 
     use the funds made available through the grant to make grants 
     to eligible local educational agencies in the State to pay 
     for the Federal share of the cost of planning for or carrying 
     out the military charter school programs.
       (2) Succeeding years.--Except as provided in paragraph (3), 
     for the second and third year that a State educational agency 
     receives a grant under this subtitle, the State educational 
     agency shall use the funds made available through the grant 
     to make grants to eligible local educational agencies in the 
     State to pay for the Federal share of the cost of carrying 
     out the military charter school programs.
       (3) Technical assistance and planning assistance.--The 
     State educational agency may use not more than 5 percent of 
     the grant funds received under this subtitle for a fiscal 
     year--
       (A) to provide to the local educational agencies technical 
     assistance that is aligned with the curriculum of the local 
     educational agencies for the programs;
       (B) to enable the local educational agencies to obtain such 
     technical assistance from entities other than the State 
     educational agency that have demonstrated success in using 
     the curriculum; and
       (C) to assist the local educational agencies in evaluating 
     activities carried out under this subtitle.
       (b) Application.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a local educational agency shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing such information as the Secretary 
     or the State educational agency may require.
       (2) Contents.--Each such application shall include, to the 
     greatest extent practicable--
       (A) information that--
       (i) demonstrates that the local educational agency will 
     carry out a military charter school program funded under this 
     section--

       (I) that provides intensive high quality programs that are 
     aligned with challenging State content and student 
     performance standards, and that is focused on reinforcing and 
     boosting the core academic skills and knowledge of students 
     who are struggling academically, as determined by the State;
       (II) that focuses on accelerated learning, rather than 
     remediation, so that students served through the program will 
     master the high level skills and knowledge needed to meet the 
     highest State standards or to perform at high levels on all 
     State assessments required under section 1111 of the 
     Elementary and Secondary Education Act of 1965;
       (III) that is based on, and incorporates best practices 
     developed from, research-based charter school methods and 
     practices;
       (IV) that has a proposed curriculum that is directly 
     aligned with State content and student performance standards;
       (V) for which only teachers who are certified and licensed, 
     and are otherwise fully qualified teachers, provide academic 
     instruction to students enrolled in the program;
       (VI) that offers to staff in the program professional 
     development and technical assistance that are aligned with 
     the approved curriculum for the program; and
       (VII) that incorporates a parental involvement component 
     that seeks to involve parents in the program's topics and 
     students' daily activities; and

       (ii) may include--

       (I) the proposed curriculum for the military charter school 
     program;
       (II) the local educational agency's plan for recruiting 
     highly qualified and highly effective teachers to participate 
     in the program; and
       (III) a schedule for the program that indicates that the 
     program is of sufficient duration and intensity to achieve 
     the State's goals and objectives described in section 
     1305(c)(2)(A);

       (B) an outline indicating how the local educational agency 
     will utilize applicable Federal, State, local, or public 
     funds, other than funds made available through the grant, to 
     support the program;
       (C) an explanation of how the local educational agency will 
     ensure that the instruction provided through the program will 
     be provided by qualified teachers;
       (D) an explanation of the types of intensive training or 
     professional development, aligned with the curriculum of the 
     program, that will be provided for staff of the program;
       (E) an explanation of the facilities to be used for the 
     program;
       (F) an explanation regarding the duration of the periods of 
     time that students and teachers in the program will have 
     contact for instructional purposes (such as the hours per day 
     and days per week of that contact, and the total length of 
     the program);
       (G) an explanation of the proposed student-to-teacher ratio 
     for the program, analyzed by grade level;
       (H) an explanation of the grade levels that will be served 
     by the program;
       (I) an explanation of the approximate cost per student for 
     the program;
       (J) an explanation of the salary costs for teachers in the 
     program;
       (K) a description of a method for evaluating the 
     effectiveness of the program at the local level;
       (L) information describing specific measurable goals and 
     objectives, for each academic subject in which the program 
     will provide instruction, that are consistent with, or more 
     rigorous than, the adequate yearly progress goals established 
     by the State under section 1111 of the Elementary and 
     Secondary Education Act of 1965;
       (M) a description of how the local educational agency will 
     involve parents and the community in the program in order to 
     raise academic achievement;
       (N) a description of how the local educational agency will 
     acquire any needed technical assistance that is aligned with 
     the curriculum of the local educational agency for the 
     program, from the State educational agency or other entities 
     with demonstrated success in using the curriculum; and
       (O) a statement of a clearly defined goal for providing 
     counseling and other transition burden relief for military 
     dependent children.
       (c) Priority.--In making grants under this section, the 
     State educational agency shall give priority to local 
     educational agencies that demonstrate a high level of need 
     for the military charter school programs.
       (d) Federal Share.--
       (1) In general.--The Federal share of the cost described in 
     subsection (a) is 50 percent.
       (2) Non-federal share.--The non-Federal share of the cost 
     may be provided in cash or in kind, fairly evaluated, 
     including plant, equipment, or services.

     SEC. 1307. SUPPLEMENT NOT SUPPLANT.

       Funds appropriated pursuant to the authority of this 
     subtitle shall be used to supplement and not supplant other 
     Federal, State, local, or private funds expended to support 
     military charter school programs.

     SEC. 1308. REPORTS.

       (a) State Reports.--Each State educational agency that 
     receives a grant under this subtitle shall annually prepare 
     and submit to the Secretary a report. The report shall 
     describe--
       (1) the method the State educational agency used to make 
     grants to eligible local educational agencies and to provide 
     assistance to schools under this subtitle;
       (2) the specific measurable goals and objectives described 
     in section 1305(c)(2)(A) for the State as a whole and the 
     extent to which the State met each of the goals and 
     objectives in the year preceding the submission of the 
     report;
       (3) the specific measurable goals and objectives described 
     in section 1306(b)(2)(L) for each of the local educational 
     agencies receiving a grant under this subtitle in the State 
     and the extent to which each of the agencies met each of the 
     goals and objectives in that preceding year;
       (4) the steps that the State educational agency will take 
     to ensure that any such local educational agency that did not 
     meet the goals and objectives in that year will meet the 
     goals and objectives in the year following the submission of 
     the report, or the plan that the State educational agency has 
     for revoking the grant awarded to such an agency and 
     redistributing the grant funds to existing or new military 
     charter school programs;
       (5) how eligible local educational agencies and schools 
     used funds provided by the State educational agency under 
     this subtitle;
       (6) the degree to which progress has been made toward 
     meeting the goals and objectives described in section 
     1305(c)(2)(A); and
       (7) best practices for the Secretary to share with 
     interested parties.
       (b) Report to Congress.--The Secretary shall annually 
     prepare and submit to Congress a report. The report shall 
     describe--
       (1) the methods the State educational agencies used to make 
     grants to eligible local educational agencies and to provide 
     assistance to schools under this subtitle;
       (2) how eligible local educational agencies and schools 
     used funds provided under this subtitle; and
       (3) the degree to which progress has been made toward 
     meeting the goals and objectives described in sections 
     1305(c)(2)(A) and 1306(b)(2)(L).
       (c) Government Accounting Office Report to Congress.--The 
     Comptroller General of the United States shall conduct a 
     study regarding the demonstration program carried out under 
     this subtitle and the impact of the program on student 
     achievement. The Comptroller General shall prepare and submit 
     to Congress a report containing the results of the study.

     SEC. 1309. ADMINISTRATION.

       (a) Federal.--The Secretary shall develop program 
     guidelines for and oversee the demonstration program carried 
     out under this subtitle.

[[Page S6041]]

       (b) Local.--The commander of each military installation 
     served by a military charter school assisted under this 
     subtitle shall establish a nonprofit corporation or an 
     oversight group to provide the applicable local educational 
     agency with oversight and guidance regarding the day-to-day 
     operations of the military charter school.

     SEC. 1310. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle--
       (1) $5,000,000 for fiscal year 2003;
       (2) $7,000,000 for fiscal year 2004;
       (3) $9,000,000 for fiscal year 2005;
       (4) $11,000,000 for fiscal year 2007; and
       (5) $13,000,000 for fiscal year 2008.

     SEC. 1311. TERMINATION.

       The authority provided by this subtitle terminates 5 years 
     after the date of enactment of this Act.

Subtitle B--Credit Enhancement Initiatives To Promote Military Charter 
       School Facility Acquisition, Construction, and Renovation

     SEC. 1321. CREDIT ENHANCEMENT INITIATIVES TO PROMOTE MILITARY 
                   CHARTER SCHOOL FACILITY ACQUISITION, 
                   CONSTRUCTION, AND RENOVATION.

       Title V of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7201 et seq.) is amended by adding at the end 
     the following:

 ``PART E--CREDIT ENHANCEMENT INITIATIVES TO PROMOTE MILITARY CHARTER 
       SCHOOL FACILITY ACQUISITION, CONSTRUCTION, AND RENOVATION.

     ``SEC. 5701. PURPOSE.

       ``The purpose of this part is to provide grants to eligible 
     entities to permit the eligible entities to establish or 
     improve innovative credit enhancement initiatives that assist 
     military charter schools to address the cost of acquiring, 
     constructing, and renovating facilities.

     ``SEC. 5702. GRANTS TO ELIGIBLE ENTITIES.

       ``(a) Grants for Initiatives.--
       ``(1) In general.--The Secretary shall use 100 percent of 
     the amount available to carry out this part to award grants 
     to eligible entities that have applications approved under 
     this part, to enable the eligible entities to carry out 
     innovative initiatives for assisting military charter schools 
     to address the cost of acquiring, constructing, and 
     renovating facilities by enhancing the availability of loans 
     or bond financing.
       ``(2) Number of grants.--The Secretary shall award not less 
     than 4 grants under this part in each fiscal year.
       ``(b) Grantee Selection.--
       ``(1) Determination.--The Secretary shall evaluate each 
     application submitted, and shall determine which applications 
     are of sufficient quality to merit approval and which are 
     not.
       ``(2) Minimum grants.--The Secretary shall award at least--
       ``(A) 1 grant to an eligible entity described in section 
     5710(1)(A);
       ``(B) 1 grant to an eligible entity described in section 
     5710(1)(B); and
       ``(C) 1 grant to an eligible entity described in section 
     5710(1)(C),
     if applications are submitted that permit the Secretary to 
     award the grants without approving an application that is not 
     of sufficient quality to merit approval.
       ``(c) Grant Characteristics.--Grants under this part shall 
     be in sufficient amounts, and for initiatives of sufficient 
     scope and quality, so as to effectively enhance credit for 
     the financing of military charter school acquisition, 
     construction, or renovation.
       ``(d) Special Rule.--In the event the Secretary determines 
     that the funds available to carry out this part are 
     insufficient to permit the Secretary to award not less than 4 
     grants in accordance with subsections (a) through (c)--
       ``(1) subsections (a)(2) and (b)(2) shall not apply; and
       ``(2) the Secretary may determine the appropriate number of 
     grants to be awarded in accordance with subsections (a)(1), 
     (b)(1), and (c).

     ``SEC. 5703. APPLICATIONS.

       ``(a) In General.--To receive a grant under this part, an 
     eligible entity shall submit to the Secretary an application 
     in such form as the Secretary may reasonably require.
       ``(b) Contents.--An application submitted under subsection 
     (a) shall contain--
       ``(1) a statement identifying the activities proposed to be 
     undertaken with funds received under this part, including how 
     the eligible entity will determine which military charter 
     schools will receive assistance, and how much and what types 
     of assistance the military charter schools will receive;
       ``(2) a description of the involvement of military charter 
     schools in the application's development and the design of 
     the proposed activities;
       ``(3) a description of the eligible entity's expertise in 
     capital market financing;
       ``(4) a description of how the proposed activities will--
       ``(A) leverage private sector financing capital, to obtain 
     the maximum amount of private sector financing capital, 
     relative to the amount of government funding used, to assist 
     military charter schools; and
       ``(B) otherwise enhance credit available to military 
     charter schools;
       ``(5) a description of how the eligible entity possesses 
     sufficient expertise in education to evaluate the likelihood 
     of success of a military charter school program for which 
     facilities financing is sought;
       ``(6) in the case of an application submitted by a State 
     governmental entity, a description of the actions that the 
     entity has taken, or will take, to ensure that military 
     charter schools within the State receive the funding the 
     schools need to have adequate facilities;
       ``(7) an assurance that the eligible entity will give 
     priority to funding initiatives that assist military charter 
     schools in which students have demonstrated academic 
     excellence or improvement during the 2 consecutive academic 
     years preceding submission of the application; and
       ``(8) such other information as the Secretary may 
     reasonably require.

     ``SEC. 5704. MILITARY CHARTER SCHOOL OBJECTIVES.

       ``An eligible entity receiving a grant under this part 
     shall use the funds received through the grant, and deposited 
     in the reserve account established under section 5705(a), to 
     assist 1 or more military charter schools to access private 
     sector capital to accomplish 1 or more of the following 
     objectives:
       ``(1) The acquisition (by purchase, lease, donation, or 
     otherwise) of an interest (including an interest held by a 
     third party for the benefit of a military charter school) in 
     improved or unimproved real property that is necessary to 
     commence or continue the operation of a military charter 
     school.
       ``(2) The construction of new facilities, or the 
     renovation, repair, or alteration of existing facilities, 
     necessary to commence or continue the operation of a military 
     charter school.
       ``(3) The payment of startup costs, including the costs of 
     training teachers and purchasing materials and equipment, 
     including instructional materials and computers, for a 
     military charter school.

     ``SEC. 5705. RESERVE ACCOUNT.

       ``(a) In General.--For the purpose of assisting military 
     charter schools to accomplish the objectives described in 
     section 5704, an eligible entity receiving a grant under this 
     part shall deposit the funds received through the grant 
     (other than funds used for administrative costs in accordance 
     with section 5706) in a reserve account established and 
     maintained by the eligible entity for that purpose. The 
     eligible entity shall make the deposit in accordance with 
     State and local law and may make the deposit directly or 
     indirectly, and alone or in collaboration with others.
       ``(b) Use of Funds.--Amounts deposited in such account 
     shall be used by the eligible entity for 1 or more of the 
     following purposes:
       ``(1) Guaranteeing, insuring, and reinsuring bonds, notes, 
     evidences of debt, loans, and interests therein, the proceeds 
     of which are used for an objective described in section 5704.
       ``(2) Guaranteeing and insuring leases of personal and real 
     property for such an objective.
       ``(3) Facilitating financing for such an objective by 
     identifying potential lending sources, encouraging private 
     lending, and carrying out other similar activities that 
     directly promote lending to, or for the benefit of, military 
     charter schools.
       ``(4) Facilitating the issuance of bonds by military 
     charter schools, or by other public entities for the benefit 
     of military charter schools, for such an objective, by 
     providing technical, administrative, and other appropriate 
     assistance (including the recruitment of bond counsel, 
     underwriters, and potential investors and the consolidation 
     of multiple military charter school projects within a single 
     bond issue).
       ``(c) Investment.--Funds received under this part and 
     deposited in the reserve account shall be invested in 
     obligations issued or guaranteed by the United States or a 
     State, or in other similarly low-risk securities.
       ``(d) Reinvestment of Earnings.--Any earnings on funds 
     received under this part shall be deposited in the reserve 
     account established under subsection (a) and used in 
     accordance with subsection (b).

     ``SEC. 5706. LIMITATION ON ADMINISTRATIVE COSTS.

       ``An eligible entity that receives a grant under this part 
     may use not more than 0.25 percent of the funds received 
     through the grant for the administrative costs of carrying 
     out the eligible entity's responsibilities under this part.

     ``SEC. 5707. AUDITS AND REPORTS.

       ``(a) Financial Record Maintenance and Audit.--The 
     financial records of each eligible entity receiving a grant 
     under this part shall be maintained in accordance with 
     generally accepted accounting principles and shall be subject 
     to an annual audit by an independent public accountant.
       ``(b) Reports.--
       ``(1) Eligible entity annual reports.--Each eligible entity 
     receiving a grant under this part annually shall submit to 
     the Secretary a report of the eligible entity's operations 
     and activities under this part.
       ``(2) Contents.--Each such annual report shall include--
       ``(A) a copy of the eligible entity's most recent financial 
     statements, and any accompanying opinion on such statements, 
     prepared by the independent public accountant auditing the 
     financial records of the eligible entity;
       ``(B) a copy of any report made on an audit of the 
     financial records of the eligible entity that was conducted 
     under subsection (a) during the reporting period;

[[Page S6042]]

       ``(C) an evaluation by the eligible entity of the 
     effectiveness of the entity's use of the Federal funds 
     provided under this part in leveraging private funds;
       ``(D) a listing and description of the military charter 
     schools served by the eligible entity with such Federal funds 
     during the reporting period;
       ``(E) a description of the activities carried out by the 
     eligible entity to assist military charter schools in meeting 
     the objectives set forth in section 5704; and
       ``(F) a description of the characteristics of lenders and 
     other financial institutions participating in the activities 
     undertaken by the eligible entity under this part during the 
     reporting period.
       ``(3) Secretarial report.--The Secretary shall review the 
     reports submitted under paragraph (1) and shall provide a 
     comprehensive annual report to Congress on the activities 
     conducted under this part.

     ``SEC. 5708. NO FULL FAITH AND CREDIT FOR GRANTEE 
                   OBLIGATIONS.

       ``No financial obligation of an eligible entity entered 
     into pursuant to this part (such as an obligation under a 
     guarantee, bond, note, evidence of debt, or loan) shall be an 
     obligation of, or guaranteed in any respect by, the United 
     States. The full faith and credit of the United States is not 
     pledged to the payment of funds that may be required to be 
     paid under any obligation made by an eligible entity pursuant 
     to any provision of this part.

     ``SEC. 5709 RECOVERY OF FUNDS.

       ``(a) In General.--The Secretary, in accordance with 
     chapter 37 of title 31, United States Code, shall collect--
       ``(1) all of the funds in a reserve account established by 
     an eligible entity under section 5705(a), if the Secretary 
     determines, not earlier than 2 years after the date on which 
     the entity first received funds under this part, that the 
     entity has failed to make substantial progress in carrying 
     out the purposes described in section 5705(b); or
       ``(2) all or a portion of the funds in a reserve account 
     established by an eligible entity under section 5705(a), if 
     the Secretary determines that the eligible entity has 
     permanently ceased to use all or a portion of the funds in 
     such account to accomplish any purpose described in section 
     5705(b).
       ``(b) Exercise of Authority.--The Secretary shall not 
     exercise the authority provided in subsection (a) to collect 
     from any eligible entity any funds that are being properly 
     used to achieve 1 or more of the purposes described in 
     section 5705(b).
       ``(c) Procedures.--The provisions of sections 451, 452, and 
     458 of the General Education Provisions Act (20 U.S.C. 1234, 
     1234a, 1234g) shall apply to the recovery of funds under 
     subsection (a).
       ``(d) Construction.--This section shall not be construed to 
     impair or affect the authority of the Secretary to recover 
     funds under part D of the General Education Provisions Act 
     (20 U.S.C. 1234 et seq.).

     ``SEC. 5710. DEFINITIONS.

       ``In this part:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a public entity, such as a military installation as 
     defined in section 2687(e)(1) of title 10, United States 
     Code;
       ``(B) a private nonprofit entity; or
       ``(C) a consortium of entities described in subparagraphs 
     (A) and (B).
       ``(2) Military charter school.--The term `military charter 
     school' has the meaning given such term by regulations 
     promulgated by the Secretary of Defense.

     ``SEC. 5711. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $10,000,000 for fiscal year 2003 and each succeeding 
     fiscal year.''.

     SEC. 1322. INCOME EXCLUSION FOR INTEREST PAID ON LOANS BY 
                   MILITARY CHARTER SCHOOLS.

       (a) In General.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to items 
     specifically excluded from gross income) is amended by 
     inserting after section 139 the following new section:

     ``SEC. 139A. INTEREST ON MILITARY CHARTER SCHOOL LOANS.

       ``(a) Exclusion.--Gross income does not include interest on 
     any military charter school loan.
       ``(b) Military Charter School Loan.--For purposes of this 
     section:
       ``(1) In general.--The term `military charter school loan' 
     means any indebtedness incurred by a military charter school.
       ``(2) Military charter school.--The term `military charter 
     school' means an institution defined as a military charter 
     school by the Secretary of Defense.''.
       (b) Conforming Amendment.--The table of sections for such 
     part III is amended by inserting after the item relating to 
     section 139 the following:

``Sec. 139A. Interest on military charter school loans.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of 
     enactment of this Act, with respect to indebtedness incurred 
     after the date of enactment of this Act.
                                  ____

  SA 3976. Mr. HATCH (for himself, Mrs. Feinstein, and Mr. Santorum) 
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 258, after line 24, insert the following:

     SEC. 1065. COMMENDATION OF MILITARY CHAPLAINS.

       (a) Findings.--Congress finds the following:
       (1) Military chaplains have served with those who fought 
     for the cause of freedom since the founding of the Nation.
       (2) Military chaplains and religious support personnel of 
     the Armed Forces have served with distinction as uniformed 
     members of the Armed Forces in support of the Nation's 
     defense missions during every conflict in the history of the 
     United States.
       (3) 400 United States military chaplains have died in 
     combat, some as a result of direct fire while ministering to 
     fallen Americans, while others made the ultimate sacrifice as 
     a prisoner of war.
       (4) Military chaplains currently serve in humanitarian 
     operations, rotational deployments, and in the war on 
     terrorism.
       (5) Religious organizations make up the very fabric of 
     religious diversity and represent unparalleled levels of 
     freedom of conscience, speech, and worship that set the 
     United States apart from any other nation on Earth.
       (6) Religious organizations have richly blessed the 
     uniformed services by sending clergy to comfort and encourage 
     all persons of faith in the Armed Forces.
       (7) During the sinking of the USS Dorchester in February 
     1943 during World War II, four chaplains (Reverend Fox, 
     Reverend Poling, Father Washington, and Rabbi Goode) gave 
     their lives so that others might live.
       (8) All military chaplains aid and assist members of the 
     Armed Forces and their family members with the challenging 
     issues of today's world.
       (9) The current war against terrorism has brought to the 
     shores of the United States new threats and concerns that 
     strike at the beliefs and emotions of Americans.
       (10) Military chaplains must, as never before, deal with 
     the spiritual well-being of the members of the Armed Forces 
     and their families.
       (b) Commendation.--Congress, on behalf of the Nation, 
     expresses its appreciation for the outstanding contribution 
     that all military chaplains make to the members of the Armed 
     Forces and their families.
       (c) Presidential Proclamation.--The President is authorized 
     and requested to issue a proclamation calling on the people 
     of the United States to recognize the distinguished service 
     of the Nation's military chaplains.
                                  ____

  SA 3977. Mr. ENZI 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 appropriate place, insert:

     SECTION 1. ENVIRONMENTAL ASSISTANCE TO NON-FEDERAL INTERESTS 
                   IN WYOMING.

       Section 595 of the Water Resources Development Act of 1999 
     (113 Stat. 383) is amended--
       (1) in the section heading, by striking ``AND MONTANA'' and 
     inserting ``, MONTANA, AND WYOMING'';
       (2) in subsections (b) and (c), by striking ``and Montana'' 
     each place it appears and inserting ``, Montana, and 
     Wyoming''; and
       (3) in subsection (h)--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by adding ``and'' at the end; and
       (C) by inserting after paragraph (2) the following: ``(3) 
     $25,000,000 for Wyoming:''.
                                  ____

  SA 3978. Mr. SANTORUM 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 23, line 24, increase the amount by $1,000,000.
       On page 13, line 14, reduce the amount by $1,000,000.
                                  ____

  SA 3979. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 2514, to authorize appropriations for fiscal year 
2003 for

[[Page S6043]]

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 24, line 2, increase the first amount by 
     $1,000,000.
       On page 14, line 5, reduce the amount by $1,000,000.
                                  ____

  SA 3980. Mr. SANTORUM 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 13, line 18, increase the amount by $1,000,000.
       On page 13, line 14, reduce the amount by $1,000,000.
                                  ____

  SA 3981. Mr. SANTORUM 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 23, between lines 12 and 13, insert the following:

     SEC. 135. MOBILE EMERGENCY BROADBAND SYSTEM.

       (a) Amount for Program.--Of the total amount authorized to 
     be appropriated by section 103(4), $1,000,000 shall be 
     available for the procurement of technical communications-
     electronics equipment for the Mobile Emergency Broadband 
     System.
       (b) Offsetting Reduction.--Of the total amount authorized 
     to be appropriated by section 103(4), the amount available 
     under such section for the Navy for other procurement for gun 
     fire control equipment, SPQ-9B solid state transmitter, is 
     hereby reduced by $1,000,000.
                                  ____

  SA 3982. Mr. BIDEN 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:

       In the table in section 2301(a), insert after the item 
     relating to the United States Air Force Academy, Colorado, 
     the following:


 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Delaware.......................  Dover Air Force Base...      $7,500,000
------------------------------------------------------------------------

       In the table in section 2301(a), strike the amount 
     identified as the total in the amount column and insert 
     ``$729,031,000''.

       In section 2304(a), strike ``$2,597,272,000'' in the matter 
     preceding paragraph (1) and insert ``$2,604,772,000''.

       In section 2304(a)(1), strike ``$709,431,000'' and insert 
     ``$716,931,000''.
                                  ____

  SA 3983. Mr. BIDEN 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:

       Insert the following new section at the appropriate place:

     SEC.  . RATIFICATION OF AGREEMENT REGARDING ADAK NAVAL 
                   COMPLEX, ALASKA, AND RELATED LAND CONVEYANCES.

       (a) Ratification of Agreement.--The document entitled the 
     ``Agreement Concerning the Conveyance of Property at the Adak 
     Naval Complex (hereinafter ``the Agreement''), and dated 
     September 20, 2000, executed by the Aleut Corporation, the 
     Department of the Interior and the Department of the Navy, 
     together with any technical amendments or modifications to 
     the boundaries that may be agreed to be the parties is hereby 
     ratified, confirmed, and approved and the terms, conditions, 
     procedures, covenants, reservations, indemnities and other 
     provisions set forth in the Agreement are declared to be 
     obligations and commitments of the United States and the 
     Aleut Corporation as a matter of Federal law: Provided, That 
     modifications to the maps and legal descriptions of lands to 
     be removed from the National Wildlife Refuge System within 
     the military withdrawal on Adak Island set forth in Public 
     Land Order 1949 may be made only upon agreement of all 
     Parties to the Agreement and notification given to the 
     Committee on Resources of the United States House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the United States Senate: Provided further, That 
     the acreage conveyed to the United States by the Aleut 
     Corporation under the Agreement, as modified, shall be at 
     least 36,000 acres.
       (b) Removal of Lands From Refuge.--Effective on the date of 
     conveyance to the Aleut Corporation of the Adak Exchange 
     Lands as described in the Agreement, all such lands shall be 
     removed from the National Wildlife Refuge System and shall 
     neither be considered as part of the Alaska Maritime National 
     Wildlife Refuge nor be subject to any laws pertaining to 
     lands within the boundaries of the Alaska Maritime National 
     Wildlife Refuge, including the conveyance restrictions 
     imposed by section 22(g) of the Alaska Native Claims 
     Settlement Act (ANCSA), 43 U.S.C. 1621(g), for land in the 
     National Wildlife Refuge System. The Secretary shall adjust 
     the boundaries of the Refuge so as to exclude all interests 
     in lands and land rights, surface and subsurface, received by 
     the Aleut Corporation in accordance with this Act and the 
     Agreement.
       (c) Relation to Alaska Native Claims Settlement Act.--Lands 
     and interests therein exchanged and conveyed by the United 
     States pursuant to this Act shall be considered and treated 
     as conveyances of lands or interests therein under the ANCSA, 
     except that receipt of such lands and interests therein shall 
     not constitute a sale or disposition of land or interests 
     received pursuant to such Act. The public easements for 
     access to public lands and waters reserved pursuant to the 
     Agreement are deemed to satisfy the requirements and purposes 
     of Section 17(b) of the ANCSA.
       (d) Reacquisition of Lands.--The Secretary of the Interior 
     is authorized to acquire by purchase or exchange, on a 
     willing seller basis only, any land conveyed to the Aleut 
     Corporation under the Agreement and this Act. In the event 
     any of the lands are subsequently acquired by the United 
     States, they shall be automatically included in the Refuge 
     System. The laws and regulations applicable to Refuge lands 
     shall then apply to these lands and the Secretary shall then 
     adjust the boundaries accordingly.
       (e) Miscellaneous Provisions.--(1) Notwithstanding the 
     Federal Property and Administration Act of 1949, as amended 
     (40 U.S.C. 483-484) and the Defense Base Closure and 
     Realignment Act of 1990, as amended (10 U.S.C. 2687), and for 
     the purposes of the transfer of property authorized by this 
     Act, Department of the Navy personal property that remains on 
     Adak Island is deemed related to the real property and shall 
     be conveyed by the Department of the Navy to the Aleut 
     Corporation at no additional cost when the related real 
     property is conveyed by the Department of the Interior.
       (2) The Secretary of the Interior shall convey to the Aleut 
     Corporation those lands identified in the Agreement as the 
     former landfill sites without charge to the Aleut 
     Corporation's entitlement under the Alaska Native Claims 
     Settlement Act.
       (3) For purposes of section 21(c) of the ANCSA, the receipt 
     of all property by the Aleut Corporation shall be entitled to 
     a tax basis equal to fair value on the date of transfer. Fair 
     value shall be determined by replacement cost appraisal.
       (4) Any property, including, but not limited to, 
     appurtenance and improvements, received pursuant to this Act 
     shall, for purposes of section 21(d) of the ANCSA, as 
     amended, and section 907(d) of the Alaska National Interest 
     Lands Conservation Act, as amended, be treated as not 
     developed until such property is actually occupied, leased 
     (other than leases for nominal consideration to public 
     entities) or sold by the Aleut Corporation, or, in the case 
     of a lease or other transfer by the Aleut Corporation to a 
     wholly owned development subsidiary, actually occupied, 
     leased, or sold by the subsidiary.
       (5) Upon conveyance to the Aleut Corporation of the lands 
     described in Appendix A of the Agreement, the lands described 
     in Appendix C of the Agreement will become unavailable for 
     selection under ANCSA.
       (6) The maps included as part of Appendix A to the 
     Agreement depict the lands to be conveyed to the Aleut 
     Corporation. The maps shall be left on file at the Region 7 
     Office of the U.S. Fish and Wildlife Service and the offices 
     of the Alaska Maritime National

[[Page S6044]]

     Wildlife Refuge in Homer, Alaska. The written legal 
     descriptions of the lands to be conveyed to the Aleut 
     Corporation are also part of Appendix A. In case of any 
     discrepancies, the maps shall be controlling.
                                  ____

  SA 3984. Mr. DeWINE 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 XXIII, add the following:

     SEC. 2305. AVAILABILITY OF FUNDS FOR CONSOLIDATION OF 
                   MATERIALS COMPUTATIONAL RESEARCH FACILITY AT 
                   WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

       (a) Availability.--Of the amount authorized to be 
     appropriated by section 2304(a), and paragraph (1) of that 
     section, for the Air Force and available for military 
     construction projects at Wright-Patterson Air Force Base, 
     Ohio, $15,200,000 shall be available for a military 
     construction project for consolidation of the materials 
     computational research facility at Wright-Patterson Air Force 
     Base (PNZHTV033301A).
       (b) Offset.--(1) The amount authorized to be appropriated 
     by section 301(a)(4) for the Air Force for operation and 
     maintenance is hereby reduced by $2,800,000.
       (2) Of the amount authorized to be appropriated by section 
     2304(a), and paragraph (1) of that section, for the Air Force 
     and available for military construction projects at Wright-
     Patterson Air Force Base--
       (A) the amount available for a dormitory is hereby reduced 
     by $10,400,000; and
       (B) the amount available for construction of a Fully 
     Contained Small Arms Range Complex is hereby reduced by 
     $2,000,000.
                                  ____

  SA 3985. Mr. DOMENICI 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 B of title II, add the following:

     SEC. 214. AEROSPACE RELAY MIRROR SYSTEM (ARMS) DEMONSTRATION.

       Of the amount authorized to be appropriated by section 
     201(3) for the Department of Defense for research, 
     development, test, and evaluation for the Air Force, 
     $6,000,000 may be available for the Aerospace Relay Mirror 
     System (ARMS) Demonstration.
                                  ____

  SA 3986. Mr. DOMENICI 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 XXI, add the following:

     SEC. 2109. ADDITIONAL FISCAL YEAR 2003 MILITARY CONSTRUCTION 
                   PROJECT FOR ANECHOIC CHAMBER AT WHITE SANDS 
                   MISSILE RANGE, NEW MEXICO.

       (a) Project Authorized.--In addition to the military 
     construction projects authorized in section 2101(a), the 
     Secretary of the Army may carry out a military construction 
     project, including land acquisition related thereto, at White 
     Sands Missile Range, New Mexico, for an anechoic chamber in 
     the amount of $3,000,000.
       (b) Authorization of Appropriations.--In addition to 
     amounts authorized to be appropriated by section 2104(a), and 
     paragraph (1) of that section, there is authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2002, for the Department of the Army for the military 
     construction project authorized in subsection (a), 
     $3,000,000.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(a)(1) for the Army for operation and maintenance 
     is hereby reduced by $3,000,000, with the amount of the 
     reduction to be allocated to Base Operations Support 
     (Servicewide Support).
                                  ____

  SA 3987. Mr. DOMENICI 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 B of title II, add the following:

     SEC. 214. ELECTROMAGNETIC WAVE DETECTION AND IMAGING 
                   TRANSCEIVER (EDIT).

       (a) Availability of Funds.--(1) The amount authorized to be 
     appropriated by section 201(1) for the Department of Defense 
     for research, development, test, and evaluation for the Army 
     and available for landmine warfare and barrier advanced 
     technology (PE#0603606A) is increased by $4,500,000, with the 
     amount of the increase to be available for the 
     Electromagnetic Wave Detection and Imaging Transceiver 
     (EDIT).
       (2) The amount available under paragraph (1) for the 
     Electromagnetic Wave Detection and Imaging Transceiver is in 
     addition to any other amounts available under this Act for 
     that item.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(1) for the Department of Defense for research, 
     development, test, and evaluation for the Army and available 
     for warfighter advanced technology (PE#0603001A) is reduced 
     by $4,500,000.
                                  ____

  SA 3988. Mr. DOMENICI (for himself and Mr. Stevens) 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--COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Commercial Reusable In-
     Space Transportation Act of 2002''.

     SEC. 1302. FINDINGS.

       Congress makes the following findings:
       (1) It is in the national interest to encourage the 
     production of cost-effective, in-space transportation 
     systems, which would be built and operated by the private 
     sector on a commercial basis.
       (2) The use of reusable in-space transportation systems 
     will enhance performance levels of in-space operations, 
     enhance efficient and safe disposal of satellites at the end 
     of their useful lives, and increase the capability and 
     reliability of existing ground-to-space launch vehicles.
       (3) Commercial reusable in-space transportation systems 
     will enhance the economic well-being and national security of 
     the United States by reducing space operations costs for 
     commercial and national space programs and by adding new 
     space capabilities to space operations.
       (4) Commercial reusable in-space transportation systems 
     will provide new cost-effective space capabilities (including 
     orbital transfers from low altitude orbits to high altitude 
     orbits and return, the correction of erroneous satellite 
     orbits, and the recovery, refurbishment, and refueling of 
     satellites) and the provision of upper stage functions to 
     increase ground-to-orbit launch vehicle payloads to 
     geostationary and other high energy orbits.
       (5) Commercial reusable in-space transportation systems can 
     enhance and enable the space exploration of the United States 
     by providing lower cost trajectory injection from earth 
     orbit, transit trajectory control, and planet arrival 
     deceleration to support potential National Aeronautics and 
     Space Administration missions to Mars, Pluto, and other 
     planets.
       (6) Satellites stranded in erroneous earth orbit due to 
     deficiencies in their launch represent substantial economic 
     loss to the United States and present substantial concerns 
     for the current backlog of national space assets.
       (7) Commercial reusable in-space transportation systems can 
     provide new options for alternative planning approaches and 
     risk management to enhance the mission assurance of national 
     space assets.
       (8) Commercial reusable in-space transportation systems 
     developed by the private sector can provide in-space 
     transportation services to the National Aeronautics and Space 
     Administration, the Department of Defense, the National 
     Reconnaissance Office, and other agencies without the need 
     for the United States to bear the cost of production of such 
     systems.
       (9) The availability of loan guarantees, with the cost of 
     credit risk to the United States paid by the private-sector, 
     is an effective means by which the United States can help 
     qualifying private-sector companies secure otherwise 
     unattainable private financing for the production of 
     commercial reusable in-space transportation systems, while at 
     the same time minimizing Government commitment and 
     involvement in the development of such systems.

     SEC. 1303. LOAN GUARANTEES FOR PRODUCTION OF COMMERCIAL 
                   REUSABLE IN-SPACE TRANSPORTATION.

       (a) Authority To Make Loan Guarantees.--The Secretary may 
     guarantee loans made to eligible United States commercial 
     providers for purposes of producing commercial reusable in-
     space transportation services or systems.

[[Page S6045]]

       (b) Eligible United States Commercial Providers.--The 
     Secretary shall prescribe requirements for the eligibility of 
     United States commercial providers for loan guarantees under 
     this section. Such requirements shall ensure that eligible 
     providers are financially capable of undertaking a loan 
     guaranteed under this section.
       (c) Limitation on Loans Guaranteed.--The Secretary may not 
     guarantee a loan for a United States commercial provider 
     under this section unless the Secretary determines that 
     credit would not otherwise be reasonably available at the 
     time of the guarantee for the commercial reusable in-space 
     transportation service or system to be produced utilizing the 
     proceeds of the loan.
       (d) Credit Subsidy.--
       (1) Collection required.--The Secretary shall collect from 
     each United States commercial provider receiving a loan 
     guarantee under this section an amount equal to the amount, 
     as determined by the Secretary, to cover the cost, as defined 
     in section 502(5) of the Federal Credit Reform Act of 1990, 
     of the loan guarantee.
       (2) Periodic disbursements.--In the case of a loan 
     guarantee in which proceeds of the loan are disbursed over 
     time, the Secretary shall collect the amount required under 
     this subsection on a pro rata basis, as determined by the 
     Secretary, at the time of each disbursement.
       (e) Other Terms and Conditions.--
       (1) Prohibition on subordination.--A loan guaranteed under 
     this section may not be subordinated to another debt 
     contracted by the United States commercial provider 
     concerned, or to any other claims against such provider.
       (2) Restriction on income.--A loan guaranteed under this 
     section may not--
       (A) provide income which is excluded from gross income for 
     purposes of chapter 1 of the Internal Revenue Code of 1986; 
     or
       (B) provide significant collateral or security, as 
     determined by the Secretary, for other obligations the income 
     from which is so excluded.
       (3) Treatment of guarantee.--The guarantee of a loan under 
     this section shall be conclusive evidence of the following:
       (A) That the guarantee has been properly obtained.
       (B) That the loan qualifies for the guarantee.
       (C) That, but for fraud or material misrepresentation by 
     the holder of the loan, the guarantee is valid, legal, and 
     enforceable.
       (4) Other terms and conditions.--The Secretary may 
     establish any other terms and conditions for a guarantee of a 
     loan under this section, as the Secretary considers 
     appropriate to protect the financial interests of the United 
     States.
       (f) Enforcement of Rights.--
       (1) In general.--The Attorney General may take any action 
     the Attorney General considers appropriate to enforce any 
     right accruing to the United States under a loan guarantee 
     under this section.
       (2) Forbearance.--The Attorney General may, with the 
     approval of the parties concerned, forebear from enforcing 
     any right of the United States under a loan guaranteed under 
     this section for the benefit of a United States commercial 
     provider if such forbearance will not result in any cost, as 
     defined in section 502(5) of the Federal Credit Reform Act of 
     1990, to the United States.
       (3) Utilization of property.--Notwithstanding any other 
     provision of law and subject to the terms of a loan 
     guaranteed under this section, upon the default of a United 
     States commercial provider under the loan, the Secretary may, 
     at the election of the Secretary--
       (A) assume control of the physical asset financed by the 
     loan; and
       (B) complete, recondition, reconstruct, renovate, repair, 
     maintain, operate, or sell the physical asset.
       (g) Credit Instruments.--
       (1) Authority to issue instruments.--Notwithstanding any 
     other provision of law, the Secretary may, subject to such 
     terms and conditions as the Secretary considers appropriate, 
     issue credit instruments to United States commercial 
     providers of in-space transportation services or system, with 
     the aggregate cost (as determined under the provisions of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of 
     such instruments not to exceed $1,500,000,000, but only to 
     the extent that new budget authority to cover such costs is 
     provided in appropriations Acts or authority is otherwise 
     provided in appropriations Acts.
       (2) Credit subsidy.--The Secretary shall provide a credit 
     subsidy for any credit instrument issued under this 
     subsection in accordance with the provisions of the Federal 
     Credit Reform Act of 1990.
       (3) Construction.--The eligibility of a United States 
     commercial provider of in-space transportation services or 
     systems for a credit instrument under this subsection is in 
     addition to any eligibility of such provider for a loan 
     guarantee under other provisions of this section.

     SEC. 1304. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (2) Commercial provider.--The term ``commercial provider'' 
     means any person or entity providing commercial reusable in-
     orbit space transportation services or systems, primary 
     control of which is held by persons other than the Federal 
     Government, a State or local government, or a foreign 
     government.
       (3) In-space transportation services.--The term ``in-space 
     transportation services'' means operations and activities 
     involved in the direct transportation or attempted 
     transportation of a payload or object from one orbit to 
     another by means of an in-space transportation vehicle.
       (4) In-space transportation system.--The term ``in-space 
     transportation system'' means the space and ground elements, 
     including in-space transportation vehicles and support space 
     systems, and ground administration and control facilities and 
     associated equipment, necessary for the provision of in-space 
     transportation services.
       (5) In-space transportation vehicle.--The term ``in-space 
     transportation vehicle'' means a vehicle designed--
       (A) to be based and operated in space;
       (B) to transport various payloads or objects from one orbit 
     to another orbit; and
       (C) to be reusable and refueled in space.
       (6) United states commercial provider.--The term ``United 
     States commercial provider'' means any commercial provider 
     organized under the laws of the United States that is more 
     than 50 percent owned by United States nationals.
                                  ____

  SA 3989. Mr. TORRICELLI 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 258, after line 24, insert the following:

     SEC. 1065. SENSE OF THE SENATE REGARDING AMTRAK.

       (a) Findings.--The Senate makes the following findings:
       (1) The terrorist attacks of September 11, 2001, shut down 
     airports across the Nation and the National Railroad 
     Passenger Corporation (Amtrak) was called upon to transport 
     displaced air travelers and deliver emergency relief supplies 
     to ground zero in New York and Washington D.C.
       (2) Thousands of Americans nationwide turned to Amtrak in 
     the weeks following September 11, 2001, for their intercity 
     travel needs.
       (3) Nearly 23,000,000 Americans depend on Amtrak for their 
     recreational and business travel needs every year.
       (4) Amtrak transports 61,000 intercity passengers each day.
       (5) Amtrak provides access to commuter rail operators which 
     serve 80,000,000 commuters each year.
       (6) Amtrak has only received $25,000,000,000 in Federal 
     funding over the past 30 years in comparison with 
     $750,000,000,000 spent on highways and aviation.
       (7) The airlines received $15,000,000,000 to avoid an 
     industrywide shutdown following the terrorist attacks of 
     September 11, 2001.
       (8) The airlines received $150,000,000 this year in Federal 
     funding to provide air service to 80 cities where passenger 
     revenues were insufficient to support the provision of 
     service.
       (9) The Amtrak Reform and Accountability Act of 1997 
     authorized $5,160,000,000 in Federal funding and Amtrak only 
     received $2,860,000,000.
       (10) The Secretary of Transportation, Norman Y. Mineta, in 
     his address to the United States Chamber of Commerce on June 
     20, 2002, stated that, ``In a long career in Congress and now 
     as Secretary of Transportation, I have not wavered from an 
     important conviction: intercity passenger rail is an 
     important part of the Nation's transportation system.''
       (11) No passenger rail system in the world operates without 
     substantial government subsidies.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the President and the Department of Transportation 
     should act immediately to provide $200,000,000 in loan 
     guarantees to prevent a systemwide shutdown of the National 
     Railroad Corporation (Amtrak);
       (2) it is vital to the United States national security that 
     Amtrak continues to operate as the sole provider of intercity 
     passenger rail service in the United States;
       (3) it is not necessary that Amtrak operate as a for-profit 
     business venture; and
       (4) it is necessary that Congress and the Administration 
     work together to provide $1,200,000,000 for Amtrak in fiscal 
     year 2003.

                          ____________________