Congressional Record, Volume 148 Issue 87 (Wednesday, June 26, 2002)

[Congressional Record Volume 148, Number 87 (Wednesday, June 26, 2002)]
[Senate]
[Pages S6112-S6121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2003--Continued

Amendment No. 4111, As Modified

Mr. REID. Mr. President, I ask unanimous consent the previously
agreed to Lott amendment, No. 4111, be modified with the changes that
are now at the desk.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The amendment (No. 4111), as modified, is as follows:

On page 100, between lines 3 and 4, insert the following:

SEC. 503. REINSTATEMENT OF AUTHORITY TO REDUCE SERVICE
REQUIREMENT FOR RETIREMENT IN GRADES ABOVE O-4

(a) Officers on Active Duty.--Subsection (a)(2)(A) of
section 1370 of title 10, United States Code, is amended--
(1) by striking ``may authorize'' and all that follows and
inserting ``may, in the case of retirements effective during
the period beginning on September 1, 2002, and ending on
December 31, 2004, authorize--''; and
(2) by adding at the end the following:
``(1) the Deputy Under Secretary of Defense for Personnel
and Readiness to reduce such 3-year period of required
service to a period not less than two years for retirements
in grades above colonel or, in the case of the Navy, captain;
and
``(2) the Secretary of a military department or the
Assistant Secretary of a military department having
responsibility for manpower and reserve affairs to reduce
such 3-year period to a period of required service not less
than two years for retirements in grades of lieutenant
colonel and colonel or, in the case of the Navy, commander
and captain.''.
(b) Reserve Officers.--Subsection (d)(5) of such section is
amended--
(1) in the first sentence--
(A) by striking ``may authorize'' and all that follows and
inserting ``may, in the case of retirements effective during
the period beginning on September 1, 2002, and ending on
December 31, 2004, authorize--''; and
(B) by adding at the end the following:
``(A) the Deputy Under Secretary of Defense for Personnel
and Readiness to reduce such 3-year period of required
service to a period not less than two years for retirements
in grades above colonel or, in the case of the Navy, captain;
and
``(B) the Secretary of a military department or the
Assistant Secretary of a military department having
responsibility for manpower and reserve affairs to reduce
such 3-year period of required service to a period not less
than two years for retirements in grades of lieutenant
colonel and colonel or, in the case of the Navy, commander
and captain.'';
(2) by designating the second sentence as paragraph (6) and
realigning such paragraph, as so redesignated 2 ems from the
left margin; and
(3) in paragraph (6), as so redesignated, by striking
``this paragraph'' and inserting ``paragraph (5)''.
(c) Advance Notice to the President and Congress.--Such
section is further amended by adding at the end the following
new subsection:
``(e) Advance Notice to Congress.--(1) The Secretary of
Defense shall notify the Committees on Armed Services of the
Senate and House of Representatives of--
``(A) an exercise of authority under paragraph (2)(A) of
subsection (a) to reduce the 3-year minimum period of
required service on

[[Page S6113]]

active duty in a grade in the case of an officer to whom such
paragraph applies before the officer is retired in such grade
under such subsection without having satisfied that 3-year
service requirement; and
``(B) an exercise of authority under paragraph (5) of
subsection (d) to reduce the 3-year minimum period of service
in grade required under paragraph (3)(A) of such subsection
in the case of an officer to whom such paragraph applies
before the officer is credited with satisfactory service in
such grade under subsection (d) without having satisfied that
3-year service requirement.
``(2) The requirement for a notification under paragraph
(1) is satisfied in the case of an officer to whom subsection
(c) applies if the notification is included in the
certification submitted with respect to such officer under
paragraph (1) of such subsection.
``(3) The notification requirement under paragraph (1) does
not apply to an officer being retired in the grade of
lieutenant colonel or colonel or, in the case of the Navy,
commander or captain.''.

Amendments Nos. 4117 through 4163, En Bloc

Mr. REID. Mr. President, I ask unanimous consent that it be in order
for the Senate to consider, en bloc, the amendments that are at the
desk; that the amendments be considered and agreed to, en bloc; that
the motion to reconsider be laid on the table, en bloc, and that the
consideration of these amendments appear separately in the Record.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The amendments were agreed to en bloc, as follows:

AMENDMENT NO. 4117

(Purpose: To provide an amount for lift support for mine warfare ships
and other vessels)

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

SEC. 346. LIFT SUPPORT FOR MINE WARFARE SHIPS AND OTHER
VESSELS.

(a) Amount.--Of the amount authorized to be appropriated by
section 302(2), $10,000,000 shall be available for
implementing the recommendations resulting from the Navy's
Non-Self Deployable Watercraft (NDSW) Study and the Joint
Chiefs of Staff Focused Logistics Study, which are to
determine the requirements of the Navy for providing lift
support for mine warfare ships and other vessels.
(b) Offsetting Reduction.--Of the amount authorized to be
appropriated by section 302(2), the amount provided for the
procurement of mine countermeasures ships cradles is hereby
reduced by $10,000,000.
____

AMENDMENT NO. 4118

(Purpose: To add an amount for the Navy Data Conversion and Management
Laboratory to support data conversion activities for the Navy, and to
provide an offset)

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

SEC. 346. NAVY DATA CONVERSION ACTIVITIES.

(a) Amount for Activities.--The amount authorized to be
appropriated by section 301(a)(2) is hereby increased by
$2,000,000. The total amount of such increase may be
available for the Navy Data Conversion and Management
Laboratory to support data conversion activities for the
Navy.
(b) Offset.--The amount authorized to be appropriated by
section 301(a)(1) is hereby reduced by $2,000,000 to reflect
a reduction in the utilities privatization efforts previously
planned by the Army.
____

AMENDMENT NO. 4119

(Purpose: To require a report on efforts to ensure the adequacy of fire
fighting staffs at military installations)

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

SEC. 1035. REPORT ON EFFORTS TO ENSURE ADEQUACY OF FIRE
FIGHTING STAFFS AT MILITARY INSTALLATIONS.

Not later than Mary 31, 2003, the Secretary of Defense
shall submit to Congress a report on the actions being
undertaken to ensure that the fire fighting staffs at
military installations are adequate under applicable
Department of Defense regulations.
____

anendment no. 4120

(Purpose: To set aside $1,500,000 for the Navy Pilot Human Resources
Call Center, Cutler, Maine)

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

SEC. 305. NAVY PILOT HUMAN RESOURCES CALL CENTER, CUTLER,
MAINE.

Of the amount authorized to be appropriated by section
301(a)(2) for operation and maintenance for the Navy,
$1,500,000 may be available for the Navy Pilot Human
Resources Call Center, Cutler, Maine.
____

AMENDMENT NO. 4121

(Purpose: To authorize, with an offset, $9,000,000 for a military
construction project for the Army National Guard for a Reserve Center
in Lane County, Oregon)

At the end of title XXVI, add the following:

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

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 2601(1)(A)
for the Army National Guard of the United States is hereby
increased by $9,000,000.
(b) Availability.--(1) Of the amount authorized to be
appropriated by section 2601(1)(A) for the Army National
Guard of the United States, as increased by subsection (a),
$9,000,000 may be available for a military construction
project for a Reserve Center in Lane County, Oregon.
(2) The amount available under paragraph (1) for the
military construction project referred to in that paragraph
is in addition to any other amounts available under this Act
for that project.
(c) Offset.--(1) The amount authorized to be appropriated
by section 201(2) for research, development, test, and
evaluation for the Navy is hereby reduced by $2,500,000, with
the amount of the reduction to be allocated to Warfighter
Sustainment Advanced Technology (PE0603236N).
(2) The amount authorized to be appropriated by section
301(a)(6) for operation and maintenance for the Army Reserve
is hereby reduced by $6,000,000, with the amount of the
reduction to be allocated to the Enhanced Secure
Communications Program.
____

AMENDMENT NO. 4122

(Purpose: To authorize a military construction project in the amount of
$3,580,000 for construction of a National Guard Readiness Center,
Kosciusko, Mississippi)

In section 301(a)(1), decrease the amount by $1,100,000.
In section 2601(1)(A), increase the amount by $3,580,000.
In section 2204(a)(5), reduce the amount by $2,000,000.
____

AMENDMENT NO. 4123

(Purpose: To authorize, with an offset, a military construction project
in the amount of $7,500,000 for construction of a new air traffic
control facility at Dover Air Force Base, Delaware)

At the end of title XXIII, add the following:

SEC. 2305. ADDITIONAL PROJECT AUTHORIZATION FOR AIR TRAFFIC
CONTROL FACILITY AT DOVER AIR FORCE BASE,
DELAWARE.

(a) Project Authorized.--In addition to the projects
authorized by section 2301(a), the Secretary of the Air Force
may carry out carry out a military construction project,
including land acquisition relating thereto, for construction
of a new air traffic control facility at Dover Air Force
Base, Delaware, in the amount of $7,500,000.
(b) Authorization of Appropriations.--The amount authorized
to be appropriated by section 2304(a), and by paragraph (1)
of that section, is hereby increased by $7,500,000.
(c) Offset.--The amount authorized to be appropriated by
section 301(a)(10) for operation and maintenance for the Army
National Guard is hereby reduced by $7,500,000, with the
amount of the reduction to be allocated to the Classified
Network Program.
____

AMENDMENT NO. 4124

(Purpose: To authorize, with an offset, $3,000,000 for a planning and
design for a new anechoic chamber at White Sands Missile Range, New
Mexico (Project No. 56232))

At the end of title XXI, add the following:

SEC. 2109. PLANNING AND DESIGN FOR ANECHOIC CHAMBER AT WHITE
SANDS MISSILE RANGE, NEW MEXICO.

(a) Planning and Design.--The amount authorized to be
appropriated by section 2104(a)(5), for planning and design
for military construction for the Army is hereby increased by
$3,000,000, with the amount of the increase to be available
for planning and design for an anechoic chamber at White
Sands Missile Range, New Mexico.
(b) 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).
____

AMENDMENT NO. 4125

(Purpose: To authorize, with an offset, $10,000,000 for the Air
National Guard for a military construction project for a Composite
Support Facility for the 183rd Fighter Wing of the Illinois Air
National Guard)

In title XXVI, add at the end the following:

SEC. 2602. ADDITIONAL PROJECT AUTHORIZATION FOR COMPOSITE
SUPPORT FACILITY FOR ILLINOIS AIR NATIONAL
GUARD.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 2601(3)(A)
for the Air National Guard is hereby increased by
$10,000,000.
(b) Availability.--Of the amount authorized to be
appropriated by section 2601(3)(A) for the Air National
Guard, as increased by subsection (a), $10,000,000 shall be
available for a military construction project for a Composite
Support Facility for the 183rd Fighter Wing of the Illinois
Air National Guard.
(c) Offset.--The amount authorized to be appropriated by
section 301(a)(5) for operation and maintenance, defense-
wide, is hereby reduced by $10,000,000, with the amount of
the reduction to be allocated to amounts available for the
Information Operations Program.

[[Page S6114]]

____
AMENDMENT NO. 4126

(Purpose: To authorize $8,000,000 for the construction of a parking
garage at Walter Reed Army Medical Center, Washington, District of
Columbia, and to offset the amount with a reduction in operation and
maintenance for the Army in amounts available for Base Operations
Support (Servicewide Support))

In section 301(a)(1), strike ``$24,195,242,000'' and insert
``$24,187,242,000''.

In the table in section 2101(a), in the item relating to
Walter Reed Army Medical Center, District of Columbia, strike
``$9,500,000'' in the amount column and insert
``$17,500,000''.
In the table in section 2101(a), strike the amount
identified as the total in the amount column and insert
``$964,697,000''.
In section 2104(a), strike ``$2,999,345,000'' in the matter
preceding paragraph (1) and insert ``$3,007,345,000''.
In section 2104(a)(1), strike ``$750,497,000'' and insert
``$758,497,000''.
____

AMENDMENT NO. 4127

(Purpose: To authorize a military construction project in the amount of
$8,400,000 for the Air National Guard for completion of construction of
the Composite Aviation Aircraft Maintenance Complex (PN#BKTZ989063) in
Nashville, Tennessee, and to offset the authorization with a reduction
of $2,400,000 in operation and maintenance for the Army from amounts
available for Base Operations Support (Servicewide Support), a
reduction of $3,000,000 in operation and maintenance for the Army from
amounts available for Recruiting and Advertising, and a reduction of
$3,000,000 in operation and maintenance for the Air Force from amounts
available for Recruiting and Advertising)

In section 301(a)(1), decrease the amount indicated by
$5,400,000.
In section 301(a)(2), decrease the amount indicated by
$3,000,000.
In section 2601(3)(A), add $8,400,000 to the amount
indicated.
____

AMENDMENT NO. 4128

(Purpose: To authorize, with an offset, $15,200,000 for a military
construction project for the Air Force for consolidation of the
materials computational research facility at Wright-Patterson Air Force
Base, Ohio (PNZHTV033301A))

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 may 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, with the amount
of the reduction to be allocated to Recruiting and
Advertising.
(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.
____

amendment no. 4129

(Purpose: To authorize $2,000,000 for reasearch, development, test, and
evaluation for the Air Force for Support Systems Development
(PE0708611F) for Aging Aircraft and to offset the amount with a
reduction in research, development, test, and evaluation for the Navy
from amounts available for Warfighting Sustainment Advanced Technology
(PE0603236N))

In section 201(2), strike ``$12, 929,135,000'' and insert
``$12,927,135,000''.
In section 201(3), strike ``$18,603,684,000'' and insert
``$18,605,684,000''.
____

AMENDMENT NO. 4130

(Purpose: To authorize, with an offset, $4,500,000 for research,
development, test, and evaluation for the Army for radar power
technology)

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

SEC. 214. RADAR POWER TECHNOLOGY FOR THE ARMY.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 201(1) for
the Department of Defense for research, development, test,
and evaluation for the Army is hereby increased by
$4,500,000, with the amount of the increase to be allocated
to Army missile defense systems integration (DEM/VAL)
(PE0603308A).
(b) Availability for Radar Power Technology.--(1) Of the
amount authorized to be appropriated by section 201(1) for
the Department of Defense for research, development, test,
and evaluation for the Army, as increased by subsection (a),
$4,500,000 shall be available for radar power technology.
(2) The amount available under paragraph (1) for radar
power technology is in addition to any other amounts
available under this Act for such technology.
(c) Offset.--The amount authorized to be appropriated by
section 201(2) for research, development, test, and
evaluation for the Navy is hereby reduced by $4,500,000, with
the amount of the reduction to be allocated to common picture
advanced technology (PE0603235N).
____

AMENDMENT NO. 4131

(Purpose: To increase the amount provided for RDT&E, Defense-wide
activities, for critical infrastructure protection (PE 35190D8Z), and
to offset the increase by reducing the amount provided for RDT&E,
Defense-wide activities, for power projection advanced technology (PE
63114N)).

On page 26, after line 22, insert the following:

SEC. 214. CRITICAL INFRASTRUCTURE PROTECTION.

(a) Amount for Program.--Of the amount authorized to be
appropriated in section 201(4), $4,500,000 may be available
for critical infrastructure protection (PE 35190D8Z).
(b) Offset.--Of the amount authorized to be appropriated by
section 201(2), the amount for power projection advanced
technology (PE 63114N) is hereby reduced by $4,500,000.
____

AMENDMENT NO. 4132

(Purpose: To increase the amount for the Air Force for RDT&E for
wargaming and simulation centers, and to provide an offset)

On page 26, after line 22, insert the following:

SEC. 214. THEATER AEROSPACE COMMAND AND CONTROL SIMULATION
FACILITY UPGRADES.

(a) Availability of Funds.--(1) The amount authorized to be
appropriated by section 201(3) for the Air Force for
wargaming and simulation centers (PE 0207605F) is increased
by $2,500,000. The total amount of the increase may be
available for Theater Aerospace Command and Control
Simulation Facility (TACCSF) upgrades.
(2) The amount available under paragraph (1) for Theater
Aerospace Command and Control Simulation Facility upgrades is
in addition to any other amounts available under this Act for
such upgrades.
(b) Offset.--The amount authorized to be appropriated by
section 201(2) for the Navy for Mine and Expeditionary
Warfare Applied Research (PE 0602782N) is reduced by
$2,500,000.
____

amendment no. 4133

At the appropriate place insert the following:

SEC. . RUSSIAN TACTICAL NUCLEAR WEAPONS.

(a) Findings.--
The Congress makes the following findings:
(1) Al Qaeda and other terrorist organizations, in addition
to rogue states, are known to be working to acquire weapons
of mass destruction, and particularly nuclear warheads.
(2) The largest and least secure potential source of
nuclear warheads for terrorists or rogue states is Russia's
arsenal of non-strategic or ``tactical'' nuclear warheads,
which according to unclassified estimates numbers from 7,000
to 12,000 warheads. Security at Russian nuclear weapon
storage sites is insufficient, and tactical nuclear warheads
are more vulnerable to terrorist or rogue state acquisition
due to their smaller size, greater portability, and greater
numbers compared to Russian strategic nuclear weapons.
(3) Russia's tactical nuclear warheads were not covered by
the START treaties or the recent Moscow Treaty. Russia is not
legally bound to reduce its tactical nuclear stockpile and
the United States has no inspection rights regarding Russia's
tactical nuclear arsenal.
(b) Sense of the Senate.--
(1) One of the most likely nuclear weapon attack scenarios
against the United States would involve detonation of a
stolen Russian tactical nuclear warhead smuggled into the
country.
(2) It is a top national security priority of the United
States to accelerate efforts to account for, secure, and
reduce Russia's stockpile of tactical nuclear warheads and
associated fissile material.
(3) This imminent threat warrants a special non-
proliferation initiative.
(c) Report.--
Not later than 30 days after enactment of this act, the
President shall report to Congress on efforts to reduce the
particular threats associated with Russia's tactical nuclear
arsenal and the outlines of a special initiative related to
reducing the threat from Russia's tactical nuclear stockpile.
____

amendment no. 4134

(Purpose: to authorize, with an offset, $2,500,000 for research,
development, test, and evaluation for the Navy for the DDG optimized
manning initiative)

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

SEC. 214. DDG OPTIMIZED MANNING INITIATIVE.

[[Page S6115]]

for research, development, test, and evaluation for the Navy,
as increased by subsection (a), $2,500,000 may be available
for the DDG optimized manning initiative.
(2) The amount available under paragraph (1) for the
initiative referred to in that paragraph is in addition to
any other amounts available under this Act for that
initiative.
(c) Offset.--The amount authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation for Artillery Systems-Dem/Val, PE0603854A, by
$2,500,000.
____

amendment no. 4135

(Purpose: To prohibit the use of authorized funds for research,
development, test, evaluation, procurement, or deployment of nuclear
armed interceptors of a missile defense system)

On page 34, after line 23, insert the following:

SEC. 226. LIMITATION ON USE OF FUNDS FOR NUCLEAR ARMED
INTERCEPTORS.

None of the funds authorized to be appropriated by this or
any other Act may be used for research, development, test,
evaluation, procurement, or deployment of nuclear armed
interceptors of a missile defense system.
____

amendment no. 4136

(Purpose: To add $1,000,000 for Defense-Wide RDT&E for key enabling
robotics technologies for the support of Army, Navy, and Air Force
robotic and unmanned military platforms (PE 604709D8Z), and to offset
the increase by reducing the amount provided for the Navy for other
procurement for gun fire control equipment, SPQ-9B solid state
transmitter, by $1,000,000)

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.
____

Amendment No. 4137

(Purpose: To prohibit denial of TRICARE services to a covered
beneficiary receiving medical care from the Department of Veterans
Affairs under certain circumstances)

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

SEC. 708. HEALTH CARE UNDER TRICARE FOR TRICARE BENEFICIARIES
RECEIVING MEDICAL CARE AS VETERANS FROM THE
DEPARTMENT OF VETERANS AFFAIRS.

Section 1097 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) Persons Receiving Medical Care From the Department of
Veterans Affairs.--A covered beneficiary who is enrolled in
and seeks care under the TRICARE program may not be denied
such care on the ground that the covered beneficiary is
receiving health care from the Department of Veterans Affairs
on an ongoing basis if the Department of Veterans Affairs
cannot provide the covered beneficiary with the particular
care sought by the covered beneficiary within the maximum
period provided in the access to care standards that are
applicable to that particular care under TRICARE program
policy.''.
____

Amendment No. 4138

(Purpose: To authorize, with an offset, $1,000,000 for research,
development, test, and evaluation, defense-wide, for In-House
Laboratory Independent Research (PE0601103D8Z) for research, analysis,
and assessment of efforts to counter potential agroterrorist attacks)

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

SEC. 214. AGROTERRORIST ATTACKS.

(a) Availability.--(1) Of the amount authorized to be
appropriated by section 201(4) for research, development,
test, and evaluation, defense-wide, the amount available for
basic research for the Chemical and Biological Defense
Program (PE0601384BP) is hereby increased by $1,000,000, with
the amount of such increase to be available for research,
analysis, and assessment of efforts to counter potential
agroterrorist attacks.
(2) The amount available under paragraph (1) for research,
analysis, and assessment described in that paragraph is in
addition to any other amounts available in this Act for such
research, analysis, and assessment.
(b) Offset.--Of the amount authorized to be appropriated by
section 201(4) for research, development, test, and
evaluation, Defense-wide, the amount available for biological
terrorism and agroterrorism risk assessment and prediction in
the program element relating to the Chemical and Biological
Defense Program (PE0603384BP) is hereby reduced by
$1,000,000.
____

Amendment No. 4139

(Purpose: To authorize the Secretary of Defense to pay monetary rewards
for assistance in combating terrorism)

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

SEC. 1065. REWARDS FOR ASSISTANCE IN COMBATING TERRORISM.

(a) Authority.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 127a the following new
section:

``Sec. 127b. Rewards for assistance in combating terrorism

``(a) Authority.--The Secretary of Defense may pay a
monetary reward to a person for providing United States
personnel with information or nonlethal assistance that is
beneficial to--
``(1) an operation of the armed forces conducted outside
the United States against international terrorism; or
``(2) force protection of the armed forces.
``(b) Maximum Amount.--The amount of a reward paid to a
recipient under this section may not exceed $200,000.
``(c) Delegation to Commander of Combatant Command.--(1)
The Secretary of Defense may delegate to the commander of a
combatant command authority to pay a reward under this
section in an amount not in excess of $50,000.
``(2) A commander to whom authority to pay rewards is
delegated under paragraph (1) may further delegate authority
to pay a reward under this section in an amount not in excess
of $2,500.
``(c) Coordination.--(1) The Secretary of Defense, in
consultation with the Secretary of State and the Attorney
General, shall prescribe policies and procedures for offering
and paying rewards under this section, and otherwise for
administering the authority under this section, that ensure
that the payment of a reward under this section does not
duplicate or interfere with the payment of a reward
authorized by the Secretary of State or the Attorney General.
``(2) The Secretary of Defense shall coordinate with the
Secretary of State regarding any payment of a reward in
excess of $100,000 under this section.
``(d) Persons Not Eligible.--The following persons are not
eligible to receive an award under this section:
``(1) A citizen of the United States.
``(2) An employee of the United States.
``(3) An employee of a contractor of the United States.
``(e) Annual Report.--(1) Not later than 60 days after the
end of each fiscal year, the Secretary of Defense shall
submit to the Committees on Armed Services and the Committees
on Appropriations of the Senate and the House of
Representatives a report on the administration of the rewards
program during that fiscal year.
``(2) The report for a fiscal year shall include
information on the total amount expended during that fiscal
year to carry out this section, including--
``(A) a specification of the amount, if any, expended to
publicize the availability of rewards; and
``(B) with respect to each award paid during that fiscal
year--
``(i) the amount of the reward;
``(ii) the recipient of the reward; and
``(iii) a description of the information or assistance for
which the reward was paid, together with an assessment of the
significance of the information or assistance.
``(3) The Secretary may submit the report in classified
form if the Secretary determines that it is necessary to do
so.
``(f) Determinations by the Secretary.--A determination by
the Secretary under this section shall be final and
conclusive and shall not be subject to judicial review.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 127a the following new item:

``127b. Rewards for assistance in combating terrorism.''.
____

Amendment No. 4140

(Purpose: To establish the position of Under Secretary of Defense for
Intelligence)

On page 200, between lines 14 and 15, insert the following:

SEC. 905. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE.

(a) Establishment of Position.--Chapter 4 of title 10,
United States Code, is amended--
(1) by transferring section 137 within such chapter to
appear following section 138;
(2) by redesignating sections 137 and 139 as sections 139
and 139a, respectively; and
(3) by inserting after section 136a the following new
section 137:

``Sec. 137. Under Secretary of Defense for Intelligence

``(a) There is an Under Secretary of Defense for
Intelligence, appointed from civilian life by the President,
by and with the advice and consent of the Senate.
``(b) Subject to the authority, direction, and control of
the Secretary of Defense, the Under Secretary of Defense for
Intelligence shall perform such duties and exercise such
powers as the Secretary of Defense may prescribe in the area
of intelligence.
``(c) The Under Secretary of Defense for Personnel and
Readiness takes precedence in the Department of Defense after
the Under Secretary of Defense for Personnel and
Readiness.''.
(b) Conforming Amendments.--(1) Section 131 of such title
is amended--
(A) by striking paragraphs (2), (3), (4), and (5), and
inserting the following:
``(2) The Under Secretaries of Defense, as follows:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(B) The Under Secretary of Defense for Policy.
``(C) The Under Secretary of Defense (Comptroller).
``(D) The Under Secretary of Defense for Personnel and
Readiness.
``(E) The Under Secretary of Defense for Intelligence.'';
and
(B) by redesignating paragraphs (6), (7), (8), (9), (10),
and (11) as paragraphs (3), (4), (5), (6), (7), and (8),
respectively.
(2) The table of sections at the beginning of chapter 4 of
such title is amended--

[[Page S6116]]

(A) by striking the item relating to section 137 and
inserting the following:

``137. Under Secretary of Defense for Intelligence.'';
and
(B) by striking the item relating to section 139 and
inserting the following:

``139. Director of Research and Engineering.
``139a. Director of Operational Test and Evaluation.''.

(c) Executive Level III.--Section 5314 of title 5, United
States Code, is amended by inserting after ``Under Secretary
of Defense for Personnel and Readiness.'' the following:
``Under Secretary of Defense for Intelligence.''.
____

Amendment No. 4141

(Purpose: To require a study on the designation of a highway in the
State of Louisiana as a defense access road)

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

SEC. 1035. REPORT ON DESIGNATION OF CERTAIN LOUISIANA HIGHWAY
AS DEFENSE ACCESS ROAD.

Not later than March 1, 2003, the Secretary of Army shall
submit to the congressional defense committees a report
containing the results of a study on the advisability of
designating Louisiana Highway 28 between Alexandria,
Louisiana, and Leesville, Louisiana, a road providing access
to the Joint Readiness Training Center, Louisiana, and to
Fort Polk, Louisiana, as a defense access road for purposes
of section 210 of title 23, United States Code.
____

Amendment No. 4142

(Purpose: To authorize the conveyance of 2,000 acres at the Sunflower
Army Ammunition Plant, Kansas)

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, a portion of the Sunflower Army
Ammunition Plant. The purpose of the conveyance is to permit
the District to use the parcel for public recreational
purposes.
(b) Description of Property.--The exact acreage, location,
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey
satisfactory to the official making the conveyance. The cost
of such legal description, survey, or both shall be borne by
the District.
(c) Additional Terms and Conditions.--The official making
the conveyance of real property under subsection (a) may
require such additional terms and conditions in connection
with the conveyance as that official considers appropriate to
protect the interests of the United States.
(d) Effective Date.--This section shall take effect on
January 31, 2003.
____

Amendment No. 4143

(Purpose: To require an annual long-range plan for the construction of
ships for the Navy)

On page 221, after line 21, insert the following:

SEC. 1024. ANNUAL LONG-RANGE PLAN FOR THE CONSTRUCTION OF
SHIPS FOR THE NAVY.

(a) Findings.--Congress makes the following findings:
(1) Navy ships provide a forward presence for the United
States that is a key to the national defense of the United
States.
(2) The Navy has demonstrated that its ships contribute
significantly to homeland defense.
(3) The Navy's ship recapitalization plan is inadequate to
maintain the ship force structure that is described as the
current force in the 2001 Quadrennial Defense Review.
(4) The Navy is decommissioning ships as much as 10 years
earlier than the projected ship life upon which ship
replacement rates are based.
(5) The current force was assessed in the 2001 Quadrennial
Defense Review as having moderate to high risk, depending on
the scenario considered.
(b) Annual Ship Construction Plan.--(1) Chapter 9 of title
10, United States Code, is amended by adding at the end the
following new section:

``Sec. 231. Annual ship construction plan

``(a) Annual Ship Construction Plan.--The Secretary of
Defense shall include in the defense budget materials for
each fiscal year a plan for the construction of combatant and
support ships for the Navy that--
``(1) supports the National Security Strategy; or
``(2) if there is no National Security Strategy in effect,
supports the ship force structure called for in the report of
the latest Quadrennial Defense Review.
``(b) Content.--The ship construction plan included in the
defense budget materials for a fiscal year shall provide in
detail for the construction of combatant and support ships
for the Navy over the 30 consecutive fiscal years beginning
with the fiscal year covered by the defense budget materials
and shall include the following matters:
``(1) A description of the necessary ship force structure
of the Navy.
``(2) The estimated levels of funding necessary to carry
out the plan, together with a discussion of the procurement
strategies on which such estimated funding levels are based.
``(3) A certification by the Secretary of Defense that both
the budget for the fiscal year covered by the defense budget
materials and the future-years defense program submitted to
Congress in relation to such budget under section 221 of this
title provide for funding ship construction for the Navy at a
level that is sufficient for the procurement of the ships
provided for in the plan on schedule.
``(4) If the budget for the fiscal year provides for
funding ship construction at a level that is not sufficient
for the recapitalization of the force of Navy ships at the
annual rate necessary to sustain the force, an assessment
(coordinated with the commanders of the combatant commands in
advance) that describes and discusses the risks associated
with the reduced force structure that will result from
funding ship construction at such insufficient level.
``(c) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for such fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for such
fiscal year.
``(3) The term `Quadrennial Defense Review' means the
Quadrennial Defense Review that is carried out under section
118 of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``231. Annual ship construction plan.''.
____

Amendment No. 4144

(Purpose: To provide for the conveyance of a portion of the Bluegrass
Army Depot in Richmond, Kentucky, to Madison County, Kentucky)

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 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.
____

AMENDMENT NO. 4145

(Purpose: To extend the authority of the Defense Advanced Research
Projects Agency to award prizes for advanced technology achievements)

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

SEC. 246. FOUR-YEAR EXTENSION OF AUTHORITY OF DARPA TO AWARD
PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.

(a) Extension.--Section 2374a(f) of title 10, United States
Code, is amended by striking ``September 30, 2003'' and
inserting ``September 30, 2007''.
(b) Report on Administration of Program.--(1) Not later
than December 31, 2002, the Director of the Defense Advanced
Research Projects Agency shall submit to the congressional
defense committees a report on the proposal of the Director
for the administration of the program to award prizes for
advanced technology achievements under section 2374a of title
10, United States Code.

[[Page S6117]]

(2) The report shall include the following:
(A) A description of the proposed goals of the competition
under the program, including the technology areas to be
promoted by the competition and the relationship of such area
to military missions of the Department of Defense.
(B) The proposed rules of the competition under the
program, and a description of the proposed management of the
competition.
(C) A description of the manner in which funds for cash
prizes under the program will be allocated within the
accounts of the Agency if a prize is awarded and claimed.
(D) A statement of the reasons why the competition is a
preferable means of promoting basic, advanced, and applied
research, technology development, and prototype projects when
compared with other means of promotion of such activities,
including contracts, grants, cooperative agreements, and
other transactions.
____

AMENDMENT NO. 4146

(Purpose: To authorize the provision of space and services for militry
welfare societies)

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

SEC. 1065. PROVISION OF SPACE AND SERVICES TO MILITARY
WELFARE SOCIETIES.

(a) Authority To Provide Space and Services.--Chapter 152
of title 10, United States Code, is amended by adding at the
end the following new section:

``Sec. 2566. Space and services: provision to military
welfare societies

``(a) Authority To Provide Space and Services.--The
Secretary of a military department may provide, without
charge, space and services under the jurisdiction of that
Secretary to a military welfare society.
``(b) Definitions.--In this section:
``(1) The term `military welfare society' means the
following:
``(A) The Army Emergency Relief Society.
``(B) The Navy-Marine Corps Relief Society.
``(C) The Air Force Aid Society, Inc.
``(2) The term `services' includes lighting, heating,
cooling, electricity, office furniture, office machines and
equipment, telephone and other information technology
services (including installation of lines and equipment,
connectivity, and other associated services), and security
systems (including installation and other associated
expenses).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2566. Space and services: provision to military welfare societies.''.
____

AMENDMENT NO. 4147

(Purpose: To authorize, with an offset, $5,500,000 for research,
development, test, and evaluation for the Army for development of a
very high speed support vessel for the Army)

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

SEC. 214. VERY HIGH SPEED SUPPORT VESSEL FOR THE ARMY.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 201(1) for
research, development, test, and evaluation for the Army is
hereby increased by $5,500,000, with the amount of the
increase to be allocated to logistics and engineering
equipment-advanced development (PE0603804A).
(b) Availability.--(1) Of the amount authorized to be
appropriated by section 201(1) for research, development,
test, and evaluation for the Army, as increased by subsection
(a), $5,500,000 may be available for development of a
prototype composite hull design to meet the theater support
vessel requirement.
(2) The amount available under paragraph (1) for
development of the hull design referred to in that paragraph
is in addition to any other amounts available under this Act
for development of that hull design.
(c) Offset.--The amount authorized to be appropriated by
section 201(2) for research, development, test, and
evaluation for the Navy is hereby decreased by $5,500,000,
with the amount of the decrease to be allocated to submarine
tactical warfare system (PE0604562N) and amounts available
under that program element for upgrades of combat control
software to commercial architecture.
____

AMENDMENT NO. 4148

(Purpose: To add $1,000,000 for Other Procurement, Air Force, for the
procurement of technical C-E equipment, Mobile Emergency Broadband
System, and to offset the increase by reducing the amount provided for
the Navy for other procurement for gun fire control equipment, SPQ-9B
solid state transmitter, by $1,000,000)

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 may 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.
____

AMENDMENT NO. 4149

(Purpose: To add $1,500,000 for the Air Force for other procurement for
base procured equipment for a Combat Arms Training System (CATS) for
the Air National Guard, and to offset the increase by reducing the
amount provided for the Army for RDT&E for artillery system
demonstration and validation (PE 0603854A) by $1,500,000)

On page 14, line 20, increase the amount by $1,500,000.
On page 23, line 22, reduce the amount by $1,500,000.
____

AMENDMENT NO. 4150

(Purpose: To authorize, with an offset, $100,000 for the Army for
activation efforts with respect to the National Army Museum, Fort
Belvoir, Virginia)

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

SEC. 305. NATIONAL ARMY MUSEUM, FORT BELVOIR, VIRGINIA.

(a) Activation Efforts.--The Secretary of the Army may
carry out efforts to facilitate the commencement of
development for the National Army Museum at Fort Belvoir,
Virginia.
(b) Funding.--(1) The amount authorized to be appropriated
by section 301(a)(1) for operation and maintenance for the
Army is hereby increased by $100,000.
(2) Of the amount authorized to be appropriated by section
301(a)(1) for operation and maintenance for the Army, as
increased by paragraph (1), $100,000 shall be available to
carry out the efforts authorized by subsection (a).
(c) Offset.--The amount authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation for the Army is hereby reduced by $100,000.
____

AMENDMENT NO. 4151

(Purpose: To authorize, with an offset, $1,000,000 for research,
development, test, and evaluation for the Navy for Force Protection
Advanced Technology (PE0603123N) for development and demonstration of a
full-scale high-speed permanent magnet generator)

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

SEC. 214. FULL-SCALE HIGH-SPEED PERMANENT MAGNET GENERATOR.

(a) Increase in Authorization of Appropriations.--The
amount authorized to be appropriated by section 201(2) for
research, development, test, and evaluation for the Navy is
hereby increased by $1,000,000, with the amount of the
increase to be allocated to Force Protection Advanced
Technology (PE0603123N).
(b) Availability.--(1) Of the amount authorized to be
appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, as increased by subsection
(a), $1,000,000 may be available for development and
demonstration of a full-scale high-speed permanent magnet
generator.
(2) The amount available under paragraph (1) for
development and demonstration of the generator described in
that paragraph is in addition to any other amounts available
in this Act for development and demonstration of that
generator.
(c) Offset.--The amount authorized to be appropriated by
section 201(1) for research, development, test, and
evaluation for the Army is hereby reduced by $1,000,000, with
the amount of the reduction to be allocated to Artillery
Systems-Dem/Val (PE0603854A).
____

AMENDMENT NO. 4152

(Purpose: To modify the calculation of back pay for persons who were
approved for promotion as members of the Navy and Marine Corps while
interned as prisoners of war during World War II to take into account
changes in the Consumer Price Index)

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

SEC. 655. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF
NAVY AND MARINE CORPS SELECTED FOR PROMOTION
WHILE INTERNED AS PRISONERS OF WAR DURING WORLD
WAR II TO TAKE INTO ACCOUNT CHANGES IN CONSUMER
PRICE INDEX.

(a) Modification.--Section 667(c) 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-170)
is amended by adding at the end the following new paragraph:
``(3) The amount determined for a person under paragraph
(1) shall be increased to reflect increases in cost of living
since the basic pay referred to in paragraph (1)(B) was paid
to or for that person, calculated on the basis of the
Consumer Price Index (all items--United States city average)
published monthly by the Bureau of Labor Statistics.''.
(b) Recalculation of Previous Payments.--In the case of any
payment of back pay made to or for a person under section 667
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 before the date of the enactment of this
Act, the Secretary of the Navy shall--
(1) recalculate the amount of back pay to which the person
is entitled by reason of the amendment made by subsection
(a); and
(2) if the amount of back pay, as so recalculated, exceeds
the amount of back pay so paid, pay the person, or the
surviving spouse of the person, an amount equal to the
excess.

[[Page S6118]]

____
AMENDMENT NO. 4153

(Purpose: To require a plan for a five-year program to enhance the
measurement and signatures intelligence capabilities of the Federal
Government)

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

SEC. 1035. PLAN FOR FIVE-YEAR PROGRAM FOR ENHANCEMENT OF
MEASUREMENT AND SIGNATURES INTELLIGENCE
CAPABILITIES

(a) Finding.--Congress finds that the national interest
will be served by the rapid exploitation of basic research on
sensors for purposes of enhancing the measurement and
signatures intelligence (MASINT) capabilities of the Federal
Government.
(b) Plan for Program.--(1) Not later than March 30, 2003,
the Director of the Central Measurement and Signatures
Intelligence Office shall submit to Congress a plan for a
five-year program of research intended to provide for the
incorporation of the results of basic research on sensors
into the measurement and signatures intelligence systems
fielded by the Federal Government, including the review and
assessment of basic research on sensors for that purpose.
(2) Activities under the plan shall be carried out by a
consortium consisting of such governmental and non-
governmental entities as the Director considers appropriate
for purposes of incorporating the broadest practicable range
of sensor capabilities into the systems referred to in
paragraph (1). The consortium may include national
laboratories, universities, and private sector entities.
(3) The plan shall include a proposal for the funding of
activities under the plan, including cost-sharing by non-
governmental participants in the consortium under paragraph
(2).
____

AMENDMENT NO. 4154

(Purpose: To require a report on volunteer services of members of the
reserve components in support of emergency response to the terrorist
attacks on the World Trade Center and the Pentagon on September 11,
2001)

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

SEC. 1035. REPORT ON VOLUNTEER SERVICES OF MEMBERS OF THE
RESERVE COMPONENTS IN EMERGENCY RESPONSE TO THE
TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

(a) Requirement for Report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on
volunteer services described in subsection (b) that were
provided by members of the National Guard and other reserve
components of the Armed Forces, while not in a duty status
pursuant to orders, during the period of September 11 through
14, 2001. The report shall include a discussion of any
personnel actions that the Secretary considers appropriate
for the members regarding the performance of such services.
(b) Covered Services.--The volunteer services referred to
in subsection (a) are as follows:
(1) Volunteer services provided in the vicinity of the site
of the World Trade Center, New York, New York, in support of
emergency response to the terrorist attack on the World Trade
Center on September 11, 2001.
(2) Volunteer services provided in the vicinity of the
Pentagon in support of emergency response to the terrorist
attack on the Pentagon on September 11, 2001.
____

AMENDMENT NO. 4155

(Purpose: To authorize use of an amount of the authorization of
appropriations for RDT&E for the Navy for the aviation-shipboard
information technology initiative)

On page 26, after line 22, insert the following:

SEC. 214. AVIATION-SHIPBOARD INFORMATION TECHNOLOGY
INITIATIVE.

Of the amount authorized to be appropriated by section
201(2) for shipboard aviation systems, up to $8,200,000 may
be used for the aviation-shipboard information technology
initiative.
____

AMENDMENT NO. 4156

(Purpose: To require the Secretary of the Navy to maintain the scope of
the cruiser conversion program for the Ticonderoga class of AEGIS
cruisers)

In subtitle C of title I, strike ``(reserved)'' and insert
the following:

SEC. 121. MAINTENANCE OF SCOPE OF CRUISER CONVERSION OF
TICONDEROGA CLASS AEGIS CRUISERS.

The Secretary of the Navy should maintain the scope of the
cruiser conversion program for the Ticonderoga class of AEGIS
cruisers such that the program--
(1) covers all 27 Ticonderoga class AEGIS cruisers; and
(2) modernizes the class of cruisers to include an
appropriate mix of upgrades to ships' capabilities for
theater missile defense, naval fire support, and air
dominance.
____

AMENDMENT NO. 4157

(Purpose: To require the Secretary of Defense to expand the Department
of Defense program of HIV/AIDS prevention educational activities
undertaken in connection with the conduct of United States military
training, exercises, and humanitarian assistance in sub-Saharan African
countries)

On page 281, between lines 5 and 6, insert the following:

SEC. 1215. DEPARTMENT OF DEFENSE HIV/AIDS PREVENTION
ASSISTANCE PROGRAM.

(a) Expansion of Program.--The Secretary of Defense is
authorized to expand, in accordance with this section, the
Department of Defense program of HIV/AIDS prevention
educational activities undertaken in connection with the
conduct of United States military training, exercises, and
humanitarian assistance in sub-Saharan African countries.
(b) Eligible Countries.--The Secretary may carry out the
program in all eligible countries. A country shall be
eligible for activities under the program if the country--
(1) is a country suffering a public health crisis (as
defined in subsection (e)); and
(2) participates in the military-to-military contacts
program of the Department of Defense.
(c) Program Activities.--The Secretary shall provide for
the activities under the program--
(1) to focus, to the extent possible, on military units
that participate in peace keeping operations; and
(2) to include HIV/AIDS-related voluntary counseling and
testing and HIV/AIDS-related surveillance.
(d) Authorization of Appropriations.--
(1) In general.--Of the amount authorized to be
appropriated by section 301(a)(22) to the Department of
Defense for operation and maintenance of the Defense Health
Program, $30,000,000 may be available for carrying out the
program described in subsection (a) as expanded pursuant to
this section.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
(e) Country Suffering a Public Health Crisis Defined.--In
this section, the term ``country suffering a public health
crisis'' means a country that has rapidly rising rates of
incidence of HIV/AIDS or in which HIV/AIDS is causing
significant family, community, or societal disruption.
____

amendment no. 4158

(Purpose: To set aside $6,000,000 for the Aerospace Relay Mirror System
(ARMS) Demonstration)

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.
____

amendment no. 4159

At the appropriate place insert:
Amount for Program.--Of the amount authorized to be
appropriated by Section 201(2) for research and development,
test and evaluation, Navy, $4,000,000 may be available for
requirements development of a littoral ship in Ship Concept
Advanced Design PE 0603563N.
Offsetting Reduction.--Of the total amount authorized to be
appropriated by section 201(2) for research and development,
test and evaluation, Navy, the amount available for FORCENET
in Tactical Command System, PE 0604231N is hereby reduced by
an additional $4,000,000.
____

AMENDMENT NO. 4160

(Purpose: To provide for monitoring implementation of the 1979 United
States-China Agreement on Cooperation in Science and Technology)

On page 281, between lines 5 and 6, insert the following:

SEC. 1215. MONITORING IMPLEMENTATION OF THE 1979 UNITED
STATES-CHINA AGREEMENT ON COOPERATION IN
SCIENCE AND TECHNOLOGY.

(a) Responsibilities of the Office of Science and
Technology Cooperation.--The Office of Science and Technology
Cooperation of the Department of State shall monitor the
implementation of the 1979 United States-China Agreement on
Cooperation in Science and Technology and its protocols (in
this section referred to as the ``Agreement''), and keep a
systematic account of the protocols thereto. The Office shall
coordinate the activities of all agencies of the United
States Government that carry out cooperative activities under
the Agreement.
(b) Guidelines.--The Secretary of State shall ensure that
all activities conducted under the Agreement and its
protocols comply with applicable laws and regulations
concerning the transfer of militarily sensitive and dual-use
technologies.
(c) Reporting Requirement.--
(1) In general.--Not later than April 1, 2004, and every
two years thereafter, the Secretary of State, shall submit a
report to Congress, in both classified and unclassified form,
on the implementation of the Agreement and activities
thereunder.
(2) Report elements.--Each report under this subsection
shall provide an evaluation of the benefits of the Agreement
to the Chinese economy, military, and defense industrial base
and shall include the following:
(A) An accounting of all activities conducted under the
Agreement since the previous report, and a projection of
activities to be undertaken in the next two years.
(B) An estimate of the costs to the United States to
administer the Agreement within the period covered by the
report.

[[Page S6119]]

(C) An assessment of how the Agreement has influenced the
policies of the People's Republic of China toward scientific
and technological cooperation with the United States.
(D) An analysis of the involvement of Chinese nuclear
weapons and military missile specialists in the activities of
the Joint Commission.
(E) A determination of the extent to which the activities
conducted under the Agreement have enhanced the military and
industrial base of the People's Republic of China, and an
assessment of the impact of projected activities for the next
two years, including transfers of technology, on China's
economic and military capabilities.
(F) Any recommendations on improving the monitoring of the
activities of the Commission by the Secretaries of Defense
and State.
(3) Consultation prior to submission of reports.--The
Secretary of State shall prepare the report in consultation
with the Secretaries of Commerce, Defense, and Energy, the
Directors of the National Science Foundation and the Federal
Bureau of Investigation, and the intelligence community.
____

AMENDMENT NO. 4161

(Purpose: To require biannual reports on foreign persons who contribute
to the proliferation of weapons of mass destruction, and their delivery
systems, by countries of proliferation concern)

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

SEC. 1035. BIANNUAL REPORTS ON CONTRIBUTIONS TO PROLIFERATION
OF WEAPONS OF MASS DESTRUCTION AND DELIVERY
SYSTEMS BY COUNTRIES OF PROLIFERATION CONCERN.

(a) Reports.--Not later than six months after the date of
the enactment of this Act, and every six months thereafter,
the President shall submit to Congress a report identifying
each foreign person that, during the six-month period ending
on the date of such report, made a material contribution to
the development by a country of proliferation concern of--
(1) nuclear, biological, or chemical weapons; or
(2) ballistic or cruise missile systems.
(b) Form of Submittal.--(1) A report under subsection (a)
may be submitted in classified form, whether in whole or in
part, if the President determines that submittal in that form
is advisable.
(2) Any portion of a report under subsection (a) that is
submitted in classified form shall be accompanied by an
unclassified summary of such portion.
(c) Definitions.--In this section:
(1) The term ``foreign person'' means--
(A) a natural person that is an alien;
(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity,
organization, or group that is organized under the laws of a
foreign country or has its principal place of business in a
foreign country;
(C) any foreign governmental entity operating as a business
enterprise; and
(D) any successor, subunit, or subsidiary of any entity
described in subparagraph (B) or (C).
(2) The term ``country of proliferation concern'' means any
country identified by the Director of Central Intelligence as
having engaged in the acquisition of dual-use and other
technology useful for the development or production of
weapons of mass destruction (including nuclear, chemical, and
biological weapons) and advanced conventional munitions in
the most current report under section 721 of the Combatting
Proliferation of Weapons of Mass Destruction Act of 1996
(title VII of Public Law 104-293; 50 U.S.C. 2366), or any
successor report on the acquisition by foreign countries of
dual-use and other technology useful for the development or
production of weapons of mass destruction.
____

AMENDMENT NO. 4162

(Purpose: To commend military chaplains)

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.
____

AMENDMENT NO. 4163

(Purpose: To grant a Federal charter to Korean War Veterans
Association, Incorporated)

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

SEC. 1065. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS
ASSOCIATION, INCORPORATED.

(a) Grant of Charter.--Part B of subtitle II of title 36,
United States Code, is amended--
(1) by striking the following:

``CHAPTER 1201--[RESERVED]''; and

(2) by inserting the following:

``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.

``Sec. 120101. Organization

``(a) Federal Charter.--Korean War Veterans Association,
Incorporated (in this chapter, the `corporation'),
incorporated in the State of New York, is a federally
chartered corporation.
``(b) Expiration of Charter.--If the corporation does not
comply with the provisions of this chapter, the charter
granted by subsection (a) expires.

``Sec. 120102. Purposes

``The purposes of the corporation are as provided in its
articles of incorporation and include--
``(1) organizing, promoting, and maintaining for benevolent
and charitable purposes an association of persons who have
seen honorable service in the Armed Forces during the Korean
War, and of certain other persons;
``(2) providing a means of contact and communication among
members of the corporation;
``(3) promoting the establishment of, and establishing, war
and other memorials commemorative of persons who served in
the Armed Forces during the Korean War; and
``(4) aiding needy members of the corporation, their wives
and children, and the widows and children of persons who were
members of the corporation at the time of their death.

``Sec. 120103. Membership

``Eligibility for membership in the corporation, and the
rights and privileges of members of the corporation, are as
provided in the bylaws of the corporation.

``Sec. 120104. Governing body

``(a) Board of Directors.--The board of directors of the
corporation, and the responsibilities of the board of
directors, are as provided in the articles of incorporation
of the corporation.
``(b) Officers.--The officers of the corporation, and the
election of the officers of the corporation, are as provided
in the articles of incorporation.

``Sec. 120105. Powers

``The corporation has only the powers provided in its
bylaws and articles of incorporation filed in each State in
which it is incorporated.

``Sec. 120106. Restrictions

``(a) Stock and Dividends.--The corporation may not issue
stock or declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director
or officer of the corporation as such, may not contribute to,
support, or participate in any political activity or in any
manner attempt to influence legislation.
``(c) Loan.--The corporation may not make a loan to a
director, officer, or employee of the corporation.
``(d) Claim of Governmental Approval or Authority.--The
corporation may not claim congressional approval, or the
authority of the United States, for any of its activities.

[[Page S6120]]

``Sec. 120107. Duty to maintain corporate and tax-exempt
status

``(a) Corporate Status.--The corporation shall maintain its
status as a corporation incorporated under the laws of the
State of New York.
``(b) Tax-Exempt Status.--The corporation shall maintain
its status as an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

``Sec. 120108. Records and inspection

``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote on matters relating
to the corporation.
``(b) Inspection.--A member entitled to vote on matters
relating to the corporation, or an agent or attorney of the
member, may inspect the records of the corporation for any
proper purpose, at any reasonable time.

``Sec. 120109. Service of process

``The corporation shall have a designated agent in the
District of Columbia to receive service of process for the
corporation. Notice to or service on the agent is notice to
or service on the Corporation.

``Sec. 120110. Liability for acts of officers and agents

``The corporation is liable for the acts of its officers
and agents acting within the scope of their authority.

``Sec. 120111. Annual report

``The corporation shall submit an annual report to Congress
on the activities of the corporation during the preceding
fiscal year. The report shall be submitted at the same time
as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle II of title 36, United States Code, is
amended by striking the item relating to chapter 1201 and
inserting the following new item:

``1201. Korean War Veterans Association, Incorporated.....120101''.....

amendment no. 4136

Mr. SANTORUM. Mr. President, I would like to note that the Senate
authorizes $1.0M for efforts designed to enhance the development of key
enabling robotics technologies that will support Army, Navy and Air
Force transformational programs. These efforts will leverage and
coordinate capabilities that exist in the federal government, industry,
academia and not-for-profit entities.
The Department of the Army has embarked on a new and ambitious
program to develop a Future Combat System (FCS). Robotic and unmanned
systems are expected to play a role in the platforms that are developed
to support this Objective Force initiative. In addition to FCS, the Air
Force and the Navy are pursuing the development of unmanned aircraft
and, in the case of the Navy, underwater unmanned platforms.
These funds are to be used to begin work and continue work on key
robotics technologies that are identified by the Department of Defense
and military services as essential to achieving transformational or
leap ahead capabilities.
Currently, there is no single coordinated service-wide robotics
initiative that will support military efforts to transform. The
authorized funds would begin the process of advanced product
development, prototype development, product testing, demonstration, and
validation projects for defense-related unmanned and/or robotic
platforms.

amendment no. 4138

Mr. ROBERTS. Mr. President, I commend Ranking Member Warner for his
stewardship of the FY 2003 defense budget process in the Senate. We
face many challenges to our national security in this day and age and I
am thankful for his leadership. One of those emerging challenges we
face is the terrorist threat to our food supply, specifically U.S.
agriculture. On the federal, state, and local level, we need to
establish procedures to detect, deter, and respond to large scale
coordinated attacks against livestock and agricultural commodities.
Toward that end, I ask the Senate to support my amendment to authorize,
with an offset, $1,000,000 for research, development, test, and
evaluation, for basic research for the chemical and biological defense
program (PE 0601384BP) for research, analysis, and assessment of
efforts to counter possible agroterrorist attacks. It is my hope that
universities with established expertise in the agricultural sciences
can conduct studies and exercises that lead to better coordination
between federal, state, and local authorities as they attempt to
detect, deter, and respond to large scale coordinated attacks on U.S.
agriculture. Most importantly, I envision universities assisting the
Department of Defense in determining what role--if any--our military or
defense agencies play in countering agroterroism. I ask my colleagues
to support my amendment. I thank the chair.

amendment no. 4160

Mr. BYRD. Mr. President, the Fiscal Year 2002 Defense Appropriations
Act directed the State Department to study and report on the United
States-People's Republic of China Science and Technology Agreement of
1979, and its protocols. The Agreement has been the basis for nearly a
quarter century of science and technology transfers from the U.S. to
China by twelve agencies of our government.
While the Cox Report of 1999 detailed how private companies in the
United States have transferred technologies that have aided the
development of China's military, up until now there has never been an
assessment of the joint scientific activities between the governments
of the U.S. and China. As the report on the science and technology
agreement states, this report ``is the first major analysis of the
agreement in nearly 25 years and is intended to provide a comprehensive
review of the agreement, its protocols, and their impact on the Chinese
economy, military, and defense industrial base.''
The report, which was developed in close consultation with the U.S.-
China National Security Review Commission, has been delivered to
Congress. It is in both an unclassified form, with an executive summary
and voluminous annexes, and in classified form, which is available in
S-407 in the Capitol for my colleagues to review.
There are several troubling aspects of this report.
It makes clear, for example, that there is no coordinating mechanism
to oversee the activities undertaken by the twelve agencies and dozens
of offices and bureaus of our government that are carrying out the 1979
Agreement with China. In fact, the report, noting certain changes to
the State Department bureaucracy in 1996, ``there has been no mechanism
within the U.S. Government since then to keep a systematic account of
protocols under the U.S.-China Science and Technology Agreement.''
Furthermore, this report was reportedly the first time that the
intelligence community has had an opportunity to evaluate the range of
programs that are underway.
According to the State Department, we have spent an average of $5
million in taxpayer funds over each of the last five years to carry out
this Agreement and its protocols, yet there is no single office in our
government that oversees the spider's web of the technology exchange
programs that have spun from it.
The report fails to fully analyze the impact of the science and
technology exchange programs on the development of Chinese military
power. While it argues that the development of China's industrial and
military power has been based primarily on its economic growth and its
general efforts to acquire technology from the West, the State
Department also states that ``the degree to which cooperative science
and technology activities conducted under the Agreement may have
contributed to China's economic and military growth is difficult to
assess.'' That amounts to, at the very least, a mixed message.
The report also notes that there is no regular reporting requirement
to Congress on the range and types of programs that are carried out
under the Science and Technology Agreement. This lack of reporting
indicates that no one is paying very much attention to what activities
we are undertaking with regard to the Agreement. Just who is minding
the store? Is anyone in the Executive Branch truly concerned with these
technology transfer programs? Or is this Agreement considered just
another means to smooth over the inevitable hiccups in relations
between our countries?
Finally, to no surprise, the State Department provided no
recommendations for improving the monitoring of the Science and
Technology Agreement. In essence, the report argues

[[Page S6121]]

that whatever technology and scientific knowledge China might have
gained through cooperative programs with the United States pales in
comparison to the knowledge China has gained through other channels.
The report points to the number of Chinese students studying in U.S.
universities, China's investment policies, and scientific agreements
with other countries as other routes for technology transfer.
The State Department's contention is akin to arguing that the Chinese
are gorging so heartily on science and technology through universities,
private industry, and other countries, that another few morsels from
Uncle Sam cannot be very important. Ridiculous!
As a result of this analysis, the State Department's principal
recommendation is to ``allow the Agreement to operate, as heretofore,
without the encumbrance of any special monitoring mechanism, which
we,'' referring to the State Department, ``do not believe is either
necessary or desirable.''
I do not think that it is going out on a limb to suggest that the
U.S.-China Science and Technology Agreement has been used as a balm to
soothe the sore spots of our bilateral relations. As the State
Department report says, ``In April 2001, at the height of the EP-3
plane incident, the U.S. and China quietly renewed the Science and
Technology Agreement despite the severe chill in political/economic
relations resulting from this diplomatic confrontation.''
It is astounding to note that in the very same month that a Chinese
fighter jet crashed into one of our reconnaissance airplanes in
international airspace, and the same month that China detained our
military personnel after executing an emergency landing at a Chinese
airfield, we ``quietly'' renewed this significant bilateral agreement.
I wonder if the Secretary of Defense was aware of the renewal of this
agreement at that time? I wonder if the President knew about it?
Mr. President, I do not think that it is wise to view the transfer of
advanced technology and scientific knowledge as simply a diplomatic
tool. The amendment I offer today takes very basic steps to improve
oversight of the 1979 Science and Technology Agreement. The amendment
simply designates the Office of Science and Technology Cooperation in
the State Department as responsible for monitoring the Agreement.
According to its report, the State Department has not even kept track
of the sixty protocols to this Agreement since 1996. This needs to be
changed. The amendment also requires the Secretary of State to see that
activities carried out under the Agreement are consistent with our laws
and regulations that prohibit the transfer of sensitive technology.
Further, the amendment establishes a reporting requirement so that
the State Department will inform Congress every two years on what
activities have taken place under the Agreement. As I stated earlier,
the State Department report released in May 2002 was the first-ever
comprehensive assessment of the implementation of the 1979 U.S.-China
Science and Technology Agreement. It does not make sense to wait
another 23 years for the next assessment.
Mr. President, China is embarking on a substantial military buildup.
They are using technologies that have been acquired from a vast number
of sources. It is hard to believe that our own government has been
cooperating with China in exchanging scientific information that has
the potential, in the words of the State Department, to facilitate
China's military research programs. My amendment takes very simple
steps to make sure that the government-to-government scientific
exchanges that take place are focused on peaceful uses of technology. I
urge my colleagues to support the amendment.
Mr. REID. Mr. President, let me say that there has been a tremendous
amount of work done today. I know we were in long quorum calls and
people could not see the work that has been done. But one very
important amendment dealing with national missile defense was
completed. That was done by voice vote after many hours of work. Then,
today and this evening, staff, with Senators Warner and Levin, have
approved almost 50 amendments. So this very important bill is on the
way toward being completed.
We are going to vote in the morning on cloture. People will have to
deal with germane amendments after that. But I just want to spread on
the Record comments about the work done by the staffs, today and
tonight, and the two managers of the bill.
Mr. WARNER. Mr. President, if I might address the Senate, I wish to
express my appreciation to the distinguished majority whip. We did
succeed on missile defense, but it could not have been done without the
cooperation of the majority leader, the Republican leader, yourself,
and our distinguished chairman, who departed a few minutes or so ago.
We did achieve a good deal of work. I am confident that tomorrow,
with the support of all the Senators, we will achieve a landmark bill
on behalf of the men and women in the armed services of this great
Nation.
I thank all Members, and particularly the Presiding Officer for his
patience and guidance throughout the day, and the Senate staff.
I thank my distinguished colleague and friend.

____________________