[Congressional Record (Bound Edition), Volume 146 (2000), Part 8]
[Senate]
[Pages 10638-10651]
[From the U.S. Government Publishing Office, www.gpo.gov]



   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001--Continued


               Amendments Nos. 3382 through 3424, En Bloc

  Mr. WARNER. Mr. President, I send a series of amendments to the desk 
en bloc, and I ask for their immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner] proposes amendments 
     numbered 3382 through 3424, en bloc.

  Mr. WARNER. Mr. President, I ask unanimous consent that reading of 
the amendments be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, I ask unanimous consent that the 
amendments be agreed to en bloc, that the motions to reconsider be laid 
upon the table and, finally, that any statements relating to any of 
these individual amendments be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendments (Nos. 3382 through 3424), were agreed to en bloc as follows:


                           AMENDMENT NO. 3382

 (Purpose: To clarify the duties of the Chief of Naval Research as the 
                   Navy's manager of research funds)

       On page 353, between lines 15 and 16, insert the following:

     SEC. 914. MANAGEMENT OF NAVY RESEARCH FUNDS BY CHIEF OF NAVAL 
                   RESEARCH.

       (a) Clarification of Duties.--Section 5022 of title 10, 
     United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (2) by inserting after paragraph (1) of subsection (a) the 
     following:
       ``(b)(1) The Chief of Naval Research is the head of the 
     Office of Naval Research.''; and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Chief as Manager of Research Funds.--The Chief of 
     Naval Research shall manage the Navy's basic, applied, and 
     advanced research funds to foster transition from science and 
     technology to higher levels of research, development, test, 
     and evaluation.''.
       (b) Conforming Amendment.--Subsection (a) of such section 
     is amended by striking ``(a)(1)'' and inserting ``(a)''.
                                  ____



                           AMENDMENT NO. 3383

    (Purpose; To provide, with an offset, $5,000,000 for research, 
   development, test, and evaluation Defense-wide for the Strategic 
    Environmental Research and Development Program (PE603716D) for 
 technologies for the detection and transport of pollutants resulting 
                       from live-fire activities)

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. TECHNOLOGIES FOR DETECTION AND TRANSPORT OF 
                   POLLUTANTS ATTRIBUTABLE TO LIVE-FIRE 
                   ACTIVITIES.

       (a) Increase in Amount.--The amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation Defense-wide is hereby increased by 
     $5,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(4), as increased by subsection 
     (a), the amount available for the Strategic Environmental 
     Research and Development Program (PE6034716D) is hereby 
     increased by $5,000,000, with the amount of such increase 
     available for the development and test of technologies to 
     detect, analyze, and map the presence of, and transport of, 
     pollutants and contaminants at sites undergoing the detection 
     and remediation of constituents attributable to live-fire 
     activities in a variety of hydrogeological scenarios.
       (c) Additional Requirement.--Performance measures shall be 
     established for the technologies described in subsection (b) 
     for purposes of facilitating the implementation and 
     utilization of such technologies by the Department of 
     Defense.
       (d) Offset.--The amount authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation for the Army is hereby decreased by $5,000,000, 
     with the amount of such decrease applied to Combat Vehicle 
     and Automotive Advanced Technology (PE603005A).
                                  ____



                           amendment no. 3384

   (Purpose: To increase by $45,000,000 the amount authorized to be 
  appropriated for environmental restoration of formerly used defense 
 sites and reduce defense-wide operations and maintenance accounts by 
                 $45,000,000 for mobility enhancements)

       On page 55, strike lines 13 and 14, and insert the 
     following:
       (18) For Environmental Restoration, Formerly Used Defense 
     Sites, $231,499,000.
       On page 54, line 16, strike ``$11,973,569,000'' and insert 
     ``$11,928,569,000''.

[[Page 10639]]

     
                                  ____
                           amendment no. 3385

(Purpose: To set aside for weatherproofing of facilities at Keesler Air 
  Force Base, Mississippi, $2,800,000 of the amount authorized to be 
     appropriated for the Air Force for operation and maintenance)

       On page 58, between lines 7 and 8, insert the following:

     SEC. 313. WEATHERPROOFING OF FACILITIES AT KEESLER AIR FORCE 
                   BASE, MISSISSIPPI.

       Of the total amount authorized to be appropriated by 
     section 301(4), $2,800,000 is available for the 
     weatherproofing of facilities at Keesler Air Force Base, 
     Mississippi.
                                  ____



                           amendment no. 3386

  (Purpose: To remove the inclusion of housing in the determining of 
  income eligibility for WIC support for members of the Armed Forces 
                               overseas)

       On page 239, after line 22, insert the following:

     SEC. 656. DETERMINATIONS OF INCOME ELIGIBILITY FOR SPECIAL 
                   SUPPLEMENTAL FOOD PROGRAM.

       Section 1060a(c)(1)(B) of title 10, United States Code, is 
     amended by striking the second sentence and inserting the 
     following: ``In the application of such criterion, the 
     Secretary shall exclude from income any basic allowance for 
     housing as permitted under section 17(d)(2)(B) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)).''.

  Mr. HARKIN. Mr. President, I am offering a bipartisan amendment with 
my distinguished colleagues, Mr. Lugar and Mr. Leahy. This amendment 
would simply change the rules on eligibility of overseas troops for the 
supplemental nutrition program to be the same as the rules for troops 
in the United States. It corrects an inequity that would otherwise harm 
thousands of our troops overseas.
  We have had much discussion of the disgrace that some of our men and 
women in uniform, who are risking their lives to serve our nation, have 
to rely on welfare to feed their families. Thousands of our troops are 
eligible for food stamps and WIC, the supplemental nutrition program. 
This is an outrage, and I will continue to work to increase the pay of 
our enlisted men and women, the real solution to this problem.
  But it is even more outrageous that some of our troops who need this 
assistance cannot get it, just because of where they are stationed. WIC 
is administered by the States. Since our troops overseas are not in a 
State, in the past they have not received any support from WIC. When 
they are stationed here, they can get the food they need to feed their 
families; they get transferred overseas, and suddenly they are 
ineligible, and the assistance on which they have come to rely 
disappears. No wonder it's so hard to convince them to sign up for 
another tour.
  Last year this body passed an amendment I proposed to end this 
unfairness by having the Defense Department provide WIC assistance to 
troops overseas. The amendment simply required the Defense Department 
to set up a WIC program similar to those run by the states that would 
serve Department personnel who are overseas. The Department is 
proceeding to implement that program. In fact the Department is 
uniquely situated to efficiently run such a program because of the 
network of medical treatment facilities and commissaries that is 
already in place. But in conference a significant change was made to 
the provision. A sentence was added that requires the Department to 
include the value of on-base housing in calculating income to determine 
eligibility for the program. That one sentence knocked more than half 
of those who should be eligible from the program.
  It also failed to correct the fundamental unfairness. The regulations 
governing WIC specifically prohibit states from counting in-kind 
housing and other in-kind assistance in appplicants' income when 
determining eligibility. They bar states from doing what we required 
the Pentagon to do. That makes no sense. It means that people who were 
receiving food stamps in the U.S. still may be kicked out of the 
program when their period of eligibility is up, even though their 
income and expenses have not changed, just because they were 
transferred out of the country. And when my staff talked with the 
Defense Department officials who are setting up the program, they 
agreed that the rules should be changed so that eligibility overseas 
would match eligibility in the U.S.
  So this amendment strikes the one sentence, leaving the overall 
principle that the Secretary of Defense should seek to apply the 
eligibility rules in the regulations governing state implementation of 
WIC.
  Those regulations leave one ambiguity, however. I have talked about 
in-kind housing, that is housing on military bases. Troops who live 
off-base instead receive a basic housing allowance to help them pay for 
their own housing. As directed in the Child Nutrition Act of 1966, the 
rules on WIC state that states have the choice in determining income 
eligibility of whether to count the basic housing allowance received by 
military personnel living off the base. I understand that as of 1994, 
the last time states were surveyed, not one of the fifty states had 
chosen to include the housing in income. That only makes sense. It 
would be patently unfair to let troops living on-base receive support, 
but withhold it from troops living off-base whose real income is no 
higher. In fact the troops off-base usually have higher expenses 
because the housing allowance usually does not fully cover their 
housing expense.
  So this amendment directs the Secretary of Defense to follow the 
current practice of the states in excluding the basic allowance for 
housing when determining income eligibility. Thus it would allow the 
Secretary to restore full fairness by treating troops overseas the same 
as troops at home, and troops who live on-base the same as troops who 
live off-base. And most importantly it would allow thousands of troops 
to receive the food they need to keep their families healthy.
  I thank my colleagues on both sides of the aisle for their favorable 
consideration and am glad that this correction has been accepted as a 
manager's amendment.


                           AMENDMENT NO. 3387

(Purpose: To improve access to health care under the TRICARE program by 
    prohibiting a requirement for statements of nonavailability or 
       preauthorization for certain services under that program)

       On page 251, between lines 6 and 7, insert the following:

     SEC. 714. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE 
                   TRICARE PROGRAM.

       (a) Waiver of Nonavailability Statement or 
     Preauthorization.--In the case of a covered beneficiary under 
     chapter 55 of title 10, United States Code, who is enrolled 
     in TRICARE Standard, the Secretary of Defense may not require 
     with regard to authorized health care services (other than 
     mental health services) under any new contract for the 
     provision of health care services under such chapter that the 
     beneficiary--
       (1) obtain a nonavailability statement or preauthorization 
     from a military medical treatment facility in order to 
     receive the services from a civilian provider; or
       (2) obtain a nonavailability statement for care in 
     specialized treatment facilities outside the 200-mile radius 
     of a military medical treatment facility.
       (b) Notice.--The Secretary may require that the covered 
     beneficiary inform the primary care manager of the 
     beneficiary of any health care received from a civilian 
     provider or in a specialized treatment facility.
       (c) Exceptions.--Subsection (a) shall not apply if--
       (1) the Secretary demonstrates significant cost avoidance 
     for specific procedures at the affected military medical 
     treatment facilities;
       (2) the Secretary determines that a specific procedure must 
     be maintained at the affected military medical treatment 
     facility to ensure the proficiency levels of the 
     practitioners at the facility; or
       (3) the lack of nonavailability statement data would 
     significantly interfere with TRICARE contract administration.
       (d) Effective Date.--This section shall take effect on 
     October 1, 2001.
                                  ____



                           AMENDMENT NO. 3388

(Purpose: To modify the time for use by members of the Selected Reserve 
           of entitlement to certain educational assistance)

       On page 239, following line 22, add the following:

     SEC. 656. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF 
                   THE SELECTED RESERVE OF ENTITLEMENT TO 
                   EDUCATIONAL ASSISTANCE.

       (a) In General.--Subsection (a) of section 16133 of title 
     10, United States Code, is amended by striking ``(1) at the 
     end'' and all that follows through the end and inserting ``on 
     the date the person is separated from the Selected 
     Reserve.''.
       (b) Certain Members.--Paragraph (1) of subsection (b) of 
     that section is amended in the flush matter following 
     subparagraph (B)

[[Page 10640]]

     by striking ``shall be determined'' and all that follows 
     through the end and inserting ``shall expire on the later of 
     (i) the 10-year period beginning on the date on which such 
     person becomes entitled to educational assistance under this 
     chapter, or (ii) the end of the 4-year period beginning on 
     the date such person is separated from, or ceases to be, a 
     member of the Selected Reserve.''.
       (c) Conforming Amendments.--Subsection (b) of that section 
     is further amended--
       (1) in paragraph (2), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (b)(1)'';
       (2) in paragraph (3), by striking ``subsection (a)'' and 
     inserting ``subsection (b)(1)''; and
       (3) in paragraph (4)--
       (A) in subparagraph (A), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (b)(1)''; and
       (B) in subparagraph (B), by striking ``clause (2) of such 
     subsection'' and inserting ``subsection (a)''.
                                  ____



                           AMENDMENT NO. 3389

  (Purpose: To treat as veterans individuals who served in the Alaska 
                 Territorial Guard during World War II)

       On page 239, following line 22, add the following:

     SEC. 656. RECOGNITION OF MEMBERS OF THE ALASKA TERRITORIAL 
                   GUARD AS VETERANS.

       (a) In General.--Section 106 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(f) Service as a member of the Alaska Territorial Guard 
     during World War II of any individual who was honorably 
     discharged therefrom under section 656(b) of the National 
     Defense Authorization Act for Fiscal Year 2001 shall be 
     considered active duty for purposes of all laws administered 
     by the Secretary.''.
       (b) Discharge.--(1) The Secretary of Defense shall issue to 
     each individual who served as a member of the Alaska 
     Territorial Guard during World War II a discharge from such 
     service under honorable conditions if the Secretary 
     determines that the nature and duration of the service of the 
     individual so warrants.
       (2) A discharge under paragraph (1) shall designate the 
     date of discharge. The date of discharge shall be the date, 
     as determined by the Secretary, of the termination of service 
     of the individual concerned as described in that paragraph.
       (c) Prohibition on Retroactive Benefits.--No benefits shall 
     be paid to any individual for any period before the date of 
     the enactment of this Act by reason of the enactment of this 
     section.
                                  ____



                           AMENDMENT NO. 3390

(Purpose: To extend to members of the National Guard and other reserve 
 components not on active duty the entitlement to receive special duty 
                            assignment pay)

       On page 220, between lines 13 and 14, insert the following:

     SEC. 622. ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD AND 
                   OTHER RESERVES NOT ON ACTIVE DUTY TO RECEIVE 
                   SPECIAL DUTY ASSIGNMENT PAY.

       (a) Authority.--Section 307(a) of title 37, United States 
     Code, is amended by inserting after ``is entitled to basic 
     pay'' in the first sentence the following: ``, or is entitled 
     to compensation under section 206 of this title in the case 
     of a member of a reserve component not on active duty,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the first day of the first month that 
     begins on or after the date of the enactment of this Act.

  Mr. FEINGOLD. Mr. President, today I offer an amendment that will 
restore a measure of pay equity for our nation's Guardsmen and 
Reservists. I offered this same amendment last year to S. 4, the 
military pay increase bill, and it was adopted by voice vote.
  I understand that this amendment is acceptable to the managers on 
both sides, and I thank the chairman and the ranking member of the 
Armed Services Committee for their continuing cooperation on this 
important issue.
  Mr. President, the men and women who serve in the Guard and Reserves 
are cornerstones of our national defense and domestic infrastructure, 
and they deserve to be adequately and equitably compensated for their 
dedicated service to this country.
  The Guard and Reserve are integral parts of overseas missions, 
including recent and ongoing missions in places, including Iraq and the 
Balkans. According to statements by Department of Defense officials, 
Guardsmen and Reservists will continue to play an increasingly 
important role in our national defense strategy as they are called upon 
to shoulder more of the burden of military operations both at home and 
abroad. The National Guard and Reserves deserve the full support they 
need to carry out their duties.
  Mr. President, my amendment would correct special duty assignment pay 
inequities between the Reserve components of our Armed Forces and their 
active duty counterparts. These inequities should be address to take 
into account the National Guard and Reserves' increased role in our 
national security, especially on the front lines.
  My amendment allows a Guardsmen or Reservist who is entitled to basic 
pay and is performing a special duty to be paid special duty assignment 
pay.
  Right now, Guardsmen and Reservists are getting shortchanged despite 
the vital role they play in our national defense. The special duty 
assignment pay program ensures readiness by compensating specific 
soldiers who are assigned to duty positions that demand special 
training and extraordinary effort to maintain a level of satisfactory 
performance. The program, as it stands now, effectively reduces the 
ability of the National Guard and Reserve to retain highly dedicated 
and specialized soldiers.
  The special duty assignments pay program provides an additional 
monthly financial incentive paid to enlisted soldiers and airmen who 
are required to perform extremely demanding duties that require an 
unusual degree of responsibility. These special duty assignments 
include certain command sergeants major, guidance counselors, retention 
non-commissioned officers (NCO's), drill sergeants, and members of the 
Special Forces. These soldiers, however, do not receive special duty 
assignment pay while in on IDT status (drill weekends).
  I am pleased that the underlying bill as reported by the Armed 
Services Committee contains a provision that increases the maximum rate 
for special duty assignment pay from $275 per month to $600 per month. 
This modest increase, coupled with my amendment, will help to ensure 
that our Guardsmen and Reservists are fairly compensated for their 
service.
  This is especially important since National Guard and Reserve members 
give up their civilian salaries during the time they are called up for, 
or volunteer for, active duty.
  Mr. President, as the U.S. military prepares to face the challenges 
of the next century and beyond, the National Guard and Reserves will be 
called more frequently to active duty for domestic support roles and 
various peacekeeping efforts abroad. They will also be vital players on 
special teams trained to deal with emerging threats, including the 
possibility of the deployment of weapons of mass destruction within our 
own borders. According to many military experts, this represents a more 
salient threat to the United States than the threat of a ballistic 
missile attack that many of our colleagues have spent so much time 
addressing.
  Mr. President, I have had the opportunity to see some of these 
soldiers off as they embarked on these missions and have welcomed them 
home upon their return. I am struck by the courage and professionalism 
they displayed as they prepare to meet these varied assignments. In 
Wisconsin, the State Guard provides vital support during natural 
disasters and state emergencies, including floods, ice storms, and 
train derailments.
  We have a duty to honor the service of our National Guardsmen and 
Reservists. One way to do that is to equitably compensate them for 
their service.
  Again, I thank the managers of the bill for their courtesy and for 
their cooperation on this important amendment.


                           AMENDMENT NO. 3391

 (Purpose: To authorize the expansion of service areas for transferees 
of former uniformed services treatment facilities that are included in 
          the uniformed services health care delivery system)

       On page 270, between lines 16 and 17, insert the following:

     SEC. 744. SERVICE AREAS OF TRANSFEREES OF FORMER UNIFORMED 
                   SERVICES TREATMENT FACILITIES THAT ARE INCLUDED 
                   IN THE UNIFORMED SERVICES HEALTH CARE DELIVERY 
                   SYSTEM.

       Section 722(e) of the National Defense Authorization Act 
     for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 
     note) is amended--

[[Page 10641]]

       (1) by inserting ``(1)'' after ``(e) Service Area.--''; and
       (2) by adding at the end the following:
       ``(2) The Secretary may, with the agreement of a designated 
     provider, expand the service area of the designated provider 
     as the Secretary determines necessary to permit covered 
     beneficiaries to enroll in the designated provider's managed 
     care plan. The expanded service area may include one or more 
     noncontiguous areas.''.
                                  ____



                           AMENDMENT NO. 3392

   (Purpose: To refine and advance Federal acquisition streamlining)

       In section 801(a), strike ``The Secretary of Defense shall 
     ensure that, not later than 180 days after the date of the 
     enactment of this Act, the Department of Defense Supplement 
     to the Federal Acquisition Regulation is revised'' and insert 
     ``Not later than 180 days after the date of the enactment of 
     this Act, the Federal Acquisition Regulation issued in 
     accordance with sections 6 and 25 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 405 and 421) shall be 
     revised''.
       At the end of title VIII, add the following:

     SEC. 814. REVISION OF THE ORGANIZATION AND AUTHORITY OF THE 
                   COST ACCOUNTING STANDARDS BOARD.

       (a) Establishment Within OMB.--Paragraph (1) of subsection 
     (a) of section 26 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 422) is amended by striking ``Office of 
     Federal Procurement Policy'' in the first sentence and 
     inserting ``Office of Management and Budget''.
       (b) Composition of Board.--Subsection (a) of such section 
     is further amended--
       (1) by striking the second sentence of paragraph (1);
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Board shall consist of five members appointed as 
     follows:
       ``(A) A Chairman, appointed by the Director of the Office 
     of Management and Budget, from among persons who are 
     knowledgeable in cost accounting matters for Federal 
     Government contracts.
       ``(B) One member, appointed by the Secretary of Defense, 
     from among Department of Defense personnel.
       ``(C) One member, appointed by the Administrator, from 
     among employees of executive agencies other than the 
     Department of Defense, with the concurrence of the head of 
     the executive agency concerned.
       ``(D) One member, appointed by the Chairman from among 
     persons (other than officers and employees of the United 
     States) who are in the accounting or accounting education 
     profession.
       ``(E) One member, appointed by the Chairman from among 
     persons in industry.''.
       (c) Term of Office.--Paragraph (3) of such subsection, as 
     redesignated by subsection (b)(2), is amended--
       (1) in subparagraph (A)--
       (A) by striking ``, other than the Administrator for 
     Federal Procurement Policy,'';
       (B) by striking clause (i);
       (C) by redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively; and
       (D) in clause (ii), as so redesignated, by striking 
     ``individual who is appointed under paragraph (1)(A)'' and 
     inserting ``officer or employee of the Federal Government who 
     is appointed as a member under paragraph (2)''; and
       (2) by striking subparagraph (C).
       (d) Other Board Personnel.--(1) Subsection (b) of such 
     section is amended to read as follows:
       ``(b) Senior Staff.--The Chairman, after consultation with 
     the Board, may appoint an executive secretary and two 
     additional staff members without regard to the provisions of 
     title 5, United States Code, governing appointments in the 
     competitive service and in senior-level positions. The 
     Chairman may pay such employees without regard to the 
     provisions of chapter 51 (relating to classification of 
     positions), and subchapter III of chapter 53 of such title 
     and section 5376 of such title (relating to the rates of 
     basic pay under the General Schedule and for senior-level 
     positions, respectively), except that no individual so 
     appointed may receive pay in excess of the maximum rate of 
     basic pay payable for a senior-level position under such 
     section 5376.''.
       (2) Subsections (c) and (d)(2), and the third sentence of 
     subsection (e), of such section are amended by striking 
     ``Administrator'' and inserting ``Chairman''.
       (e) Cost Accounting Standards Authority.--(1) Paragraph (1) 
     of subsection (f) of such section is amended by inserting ``, 
     subject to direction of the Director of the Office of 
     Management and Budget,'' after ``exclusive authority''.
       (2) Paragraph (2)(B)(iv) of such subsection is amended by 
     striking ``more than $7,500,000'' and inserting ``$7,500,000 
     or more''.
       (3) Paragraph (3) of such subsection is amended, in the 
     first sentence--
       (A) by striking ``Administrator, after consultation with 
     the Board'' and inserting ``Chairman, with the concurrence of 
     a majority of the members of the Board''; and
       (B) by inserting before the period at the end the 
     following: ``, including rules and procedures for the public 
     conduct of meetings of the Board''.
       (4) Paragraph (5)(C) of such subsection is amended to read 
     as follows:
       ``(C) The head of an executive agency may not delegate the 
     authority under subparagraph (A) or (B) to any official in 
     the executive agency below a level in the executive agency as 
     follows:
       ``(i) The senior policymaking level, except as provided in 
     clause (ii).
       ``(ii) The head of a procuring activity, in the case of a 
     firm, fixed price contract or subcontract for which the 
     requirement to obtain cost or pricing data under subsection 
     (a) of section 2306a of title 10, United States Code, or 
     subsection (a) of section 304A of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 254b) is 
     waived under subsection (b)(1)(C) of such section, 
     respectively.''.
       (5) Paragraph (5)(E) of such subsection is amended by 
     inserting before the period at the end the following: ``in 
     accordance with requirements prescribed by the Board''.
       (f) Requirements for Standards.--(1) Subsection (g)(1)(B) 
     of section 26 of the Office of Federal Procurement Policy Act 
     is amended by inserting before the semicolon at the end the 
     following: ``, together with a solicitation of comments on 
     those issues''.
       (g) Interest Rate Applicable to Contract Price 
     Adjustments.--Subsection (h)(4) of such section is amended by 
     inserting ``(a)(2)'' after ``6621'' both places that it 
     appears.
       (h) Repeal of Requirement for Annual Report.--Such section 
     is further amended by striking subsection (i).
       (i) Effects of Board Interpretations and Regulations.--
     Subsection (j) of such section is amended--
       (1) in paragraph (1), by striking ``promulgated by the Cost 
     Accounting Standards Board under section 719 of the Defense 
     Production Act of 1950 (50 U.S.C. App. 2168)'' and inserting 
     ``that are in effect on the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2001''; 
     and
       (2) in paragraph (3), by striking ``under the authority set 
     forth in section 6 of this Act'' and inserting ``exercising 
     the authority provided in section 6 of this Act in 
     consultation with the Chairman''.
       (j) Rate of Pay for Chairman.--Section 5315 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Chairman, Cost Accounting Standards Board.''.
       (k) Transition Provision for Members.--Each member of the 
     Cost Accounting Standards Board who serves on the Board under 
     paragraph (1) of section 26(a) of the Office of Federal 
     Procurement Policy Act, as in effect on the day before the 
     date of the enactment of this Act, shall continue to serve as 
     a member of the Board until the earlier of--
       (1) the expiration of the term for which the member was so 
     appointed; or
       (2) the date on which a successor to such member is 
     appointed under paragraph (2) of such section 26(a), as 
     amended by subsection (b) of this section.

     SEC. 815. REVISION OF AUTHORITY FOR SOLUTIONS-BASED 
                   CONTRACTING PILOT PROGRAM.

       (a) Pilot Projects Under the Program.--Section 5312 of the 
     Clinger-Cohen Act of 1996 (40 U.S.C. 1492) is amended--
       (1) in subsection (a), by striking ``subsection (d)(2)'' 
     and inserting ``subsection (d)''; and
       (2) by striking subsection (d) and inserting the following:
       ``(d) Pilot Program Projects.--The Administrator shall 
     authorize to be carried out under the pilot program--
       ``(1) not more than 10 projects, each of which has an 
     estimated cost of at least $25,000,000 and not more than 
     $100,000,000; and
       ``(2) not more than 10 projects for small business 
     concerns, each of which has an estimated cost of at least 
     $1,000,000 and not more than $5,000,000.''.
       (b) Elimination of Requirement for Federal Funding of 
     Program Definition Phase.--Subsection (c)(9)(B) of such 
     section is amended by striking ``program definition phase 
     (funded, in the case of the source ultimately awarded the 
     contract, by the Federal Government)--'' and inserting 
     ``program definition phase--''.

     SEC. 816. APPROPRIATE USE OF PERSONNEL EXPERIENCE AND 
                   EDUCATIONAL REQUIREMENTS IN THE PROCUREMENT OF 
                   INFORMATION TECHNOLOGY SERVICES.

       (a) Amendment of the Federal Acquisition Regulation.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Federal Acquisition Regulation issued in accordance 
     with sections 6 and 25 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 405 and 421) shall be amended to 
     address the use of personnel experience and educational 
     requirements in the procurement of information technology 
     services.
       (b) Content of Amendment.--The amendment issued pursuant to 
     subsection (a) shall--
       (1) provide that a solicitation of bids on a performance-
     based contract for the procurement of information technology 
     services may not set forth any minimum experience or 
     educational requirement for contractor personnel that a 
     bidder must satisfy in order to be eligible for award of the 
     contract; and

[[Page 10642]]

       (2) specify--
       (A) the circumstances under which a solicitation of bids 
     for other contracts for the procurement of information 
     technology services may set forth any such minimum 
     requirement for that purpose; and
       (B) the circumstances under which a solicitation of bids 
     for other contracts for the procurement of information 
     technology services may not set forth any such minimum 
     requirement for that purpose.
       (c) Construction of Regulation.--The amendment issued 
     pursuant to subsection (a) shall include a rule of 
     construction that a prohibition included in the amendment 
     under paragraph (1) or (2)(B) does not prohibit the 
     consideration of the experience and educational levels of the 
     personnel of bidders in the selection of a bidder to be 
     awarded a contract.
       (d) GAO Report.--Not later than 1 year after the date on 
     which the regulations required by subsection (a) are 
     published in the Federal Register, the Comptroller General 
     shall submit to Congress an evaluation of--
       (1) executive agency compliance with the regulations; and
       (2) conformity of the regulations with existing law, 
     together with any recommendations that the Comptroller 
     General considers appropriate.
       (e) Definitions.--In this section:
       (1) The term ``executive agency'' has the meaning given 
     that term in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
       (2) The term ``performance-based contract'' means a 
     contract that includes performance work statements setting 
     forth contract requirements in clear, specific, and objective 
     terms with measurable outcomes.
       (3) The term ``information technology'' has the meaning 
     given that term in section 5002 of the Clinger-Cohen Act of 
     1996 (40 U.S.C. 1401).
       At the end of subtitle A of title X, insert the following:

     SEC. 1010. TREATMENT OF PARTIAL PAYMENTS UNDER SERVICE 
                   CONTRACTS.

       For the purposes of the regulations prescribed under 
     section 3903(a)(5) of title 31, United States Code, partial 
     payments, other than progress payments, that are made on a 
     contract for the procurement of services shall be treated as 
     being periodic payments.

  Mr. THOMPSON. Mr. President, I offer this amendment on behalf of 
myself as chairman of the Governmental Affairs Committee and Senator 
Lieberman, the Committee's ranking minority member, and Senators Warner 
and Levin, the chairman and ranking minority member of the Armed 
Services Committee. Senator Lieberman and I thank the Armed Services 
chairman and ranking member for their cooperation and assistance in 
preparing this amendment which will benefit not only the procurement 
process within the Department of Defense, but other agencies across the 
Federal government as well.
  The amendment which we offer today began as a request from the 
administration and others to include additional procurement-related 
reforms to those enacted over the past several years and those already 
included in S. 2549. Our amendment includes language which would (1) 
express a governmentwide preference for performance-based service 
contracting; (2) move the Cost Accounting Standards (CAS) Board out of 
the Office of Federal Procurement Policy, making it a separate office 
within the Office of Management and Budget, and conform the delegation 
of authority levels relating to the CAS with those for the Truth in 
Negotiations Act; (3) extend the authority of certain pilot programs 
under the Clinger-Cohen Act of 1996; (4) prohibit the use of mandatory 
minimum educational and experience requirements on performance-based 
service contracts and certain other contracts; and (5) ensure that the 
implementing regulations of the Prompt Payment Act treat partial 
payments on contracts for services as periodic payments covered by the 
Act. I ask unanimous consent that a joint statement of sponsors 
explaining the amendment be placed in the Record immediately following 
my statement. This statement represents the consensus view of the 
sponsors as to the meaning and intent of the amendment.
  There being no objection, the statement was ordered to be printed in 
the Record, as follows:

  Joint Statement of Sponsors Regarding the Thompson-Lieberman-Warner-
                Levin Procurement Streamlining Amendment

     1. Performance-based service contracting
       The amendment would make government-wide a provision 
     included in section 801 of the bill, which establishes a 
     preference for performance-based service contracting. 
     Successful performance of services contracts throughout 
     government can be ensured by establishing clear goals which 
     give vendors the flexibility to propose different approaches, 
     while giving the government a firm basis for cost and quality 
     comparison.
     2. Organization of the Cost Accounting Standards Board
       The Cost Accounting Standards (CAS standards) are a set of 
     19 accounting principles developed and maintained by the Cost 
     Accounting Standards Board (CAS Board), a body created by 
     Congress to develop uniform and consistent standards. The CAS 
     standards require government contractors to account for their 
     costs on a consistent basis and prohibit any shifting of 
     overhead or other costs from commercial contracts to 
     government contracts, or from fixed-price contracts to cost-
     type contracts.
       Currently, the CAS Board is located in the Office of 
     Federal Procurement Policy (OFPP) and chaired by the 
     Administrator of OFPP. Concerns have been raised that OFPP's 
     broader procurement policy mission has distracted past 
     Administrators from the task of maintaining the CAS 
     standards. In order to ensure that the CAS standards receive 
     the focused attention of qualified accounting professionals, 
     the amendment would remove the CAS Board from OFPP and make 
     it an independent board within the Office of Management and 
     Budget.
       The amendment would retain the CAS Board's ``exclusive 
     authority'' to make, promulgate, amend, and rescind cost 
     accounting standards and interpretations thereof. Because of 
     the need for consistent cost accounting standards for all 
     government contracts, no other Federal agency is authorized 
     to issue cost accounting standards or regulations. However, 
     the amendment would make the CAS Board's authority ``subject 
     to the direction of the Director of the Office of Management 
     and Budget'' in recognition of the existing relationship of 
     the CAS Board with the Director of OMB and the requirement 
     that federal rules and regulations be adopted by an officer 
     with the authority to take such action.
       Further, the amendment clarifies the level to which Federal 
     agencies may delegate authority to waive the applicability of 
     CAS standards in certain circumstances, to conform to waiver 
     authority under the Truth in Negotiations Act and ensure that 
     the same official may waive the requirements of both statutes 
     in cases where it makes sense to do so.
     3. Revision of authority for solutions-based contracting 
         pilot program
       The amendment would amend section 5312 of the Clinger-Cohen 
     Act, the solutions-based contracting pilot program, to remove 
     detailed statutory requirements concerning the development of 
     a pilot plan, including the requirement to form a public-
     private working group. The elimination of this requirement is 
     intended to avoid concerns raised regarding which private 
     industry specialists would participate on working groups and 
     the extent to which it would be appropriate for such 
     participants to compete for later solutions-based contracts. 
     The provision also would eliminate a requirement to fund the 
     awardee's efforts during the program definition phase and 
     instead leave this decision to the contracting officer's 
     discretion on a case-by-case basis.
     4. Appropriate use of personnel experience and educational 
         requirements in the procurement of information technology 
         services
       Many in the information technology industry have argued 
     that minimum education or experience requirements included in 
     agency solicitations for information technology services are 
     contributing to the serious worker shortage by requiring 
     contractors to use more highly trained and educated workers 
     to perform some services required by government contracts 
     that could be done just as well by less educated or 
     experienced workers. They argue that these mandatory minimum 
     requirements are often included in information technology 
     service contracts without regard to whether it is necessary 
     to perform the work and that it drives up the cost of 
     contracts.
       The amendment would prohibit the use of minimum experience 
     or educational requirements for contractor personnel in 
     performance-based services contracts. Minimum experience 
     requirements are inappropriate for such contracts, which are 
     supposed to be awarded on the basis of measurable outcomes. 
     The provision would also require the issuance of regulations 
     on the appropriate use of minimum experience or educational 
     requirements for other services contracts other than 
     performance-based contracts.
       It is the sponsors' view that this amendment will have no 
     negative impact on Federal employees performing similar 
     information technology work for the Federal government.
     5. Treatment of partial payments under service contracts
       When the Prompt Payment Act was amended in 1988, Congress 
     recognized the failure of Federal agencies to implement the 
     requirement in the Act to pay, during the contract period, 
     for the periodic delivery of supplies or the periodic 
     performance of services if permitted by the contract. As a 
     result,

[[Page 10643]]

     the Act was amended to require that periodic payments were 
     covered by the Act's requirement that agencies pay interest 
     on late payments.
       The amendment would clarify that partial payments, other 
     than progress payments, made under service contracts are 
     periodic payments for purposes of the Prompt Payment Act and 
     that interest must be paid on such partial payments which are 
     not paid timely.


                           amendment no. 3393

 (Purpose: To increase by $2,500,000 the amount provided for the Army 
for operation and maintenance for the ceremonial rifle program; and to 
offset that increase by reducing by $2,500,000 the amount provided for 
    operation and maintenance, Defense-wide, for spectrum database 
                               upgrades)

       On page 54, line 11, strike ``$19,028,531,000'' and insert 
     ``$19,031,031,000''.
       On page 54, line 11, strike ``$11,973,569,000'' and insert 
     ``$11,971,069,000''.
                                  ____



                           amendment no. 3394

(Purpose: To set aside up to $1,000,000 for the support of programs to 
  promote informal region-wide dialogues on arms control and regional 
  security issues for Arab, Israeli, and United States officials and 
                                experts)

       On page 462, between lines 2 and 3, insert the following:

     SEC. 1210. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS 
                   CONTROL AND REGIONAL SECURITY ISSUES.

       Of the amount authorized to be appropriated by section 
     301(5), up to $1,000,000 is available for the support of 
     programs to promote informal region-wide consultations among 
     Arab, Israeli, and United States officials and experts on 
     arms control and security issues concerning the Middle East 
     region.
                                  ____



                           AMENDMENT NO. 3395

   (Purpose: To amend title 10, United States Code, to authorize the 
            United States Air Force Institute of Technology)

       On page 353, between lines 15 and 16, insert the following:

     SEC. 914. UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.

       (a) Authority.--(1) Part III of subtitle D of title 10, 
     United States Code, is amended by inserting after chapter 903 
     the following:

     ``CHAPTER 904--UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY

``Sec.
``9321. Establishment; purposes.
``9322. Sense of the Senate.

     ``SEC. 9321. ESTABLISHMENT; PURPOSES.

       ``(a) Establishment.--There is a United States Air Force 
     Institute of Technology in the Department of the Air Force.
       ``(b) Purposes.--The purposes of the Institute are as 
     follows:
       ``(1) To perform research.
       ``(2) To provide advanced instruction and technical 
     education for employees of the Department of the Air Force 
     and members of the Air Force (including the reserve 
     components) in their practical and theoretical duties.

     ``SEC. 9322. SENSE OF THE SENATE REGARDING THE UTILIZATION OF 
                   THE AIR FORCE INSTITUTE OF TECHNOLOGY.

       ``(a) It is the sense of the Senate that in order to insure 
     full and continued utilization of the Air Force Institute of 
     Technology, the Secretary of the Air Force should, in consult 
     with the Chief of Staff of the Air Force and the Commander of 
     the Air Force Materiel Command, review the following areas of 
     organizational structure and operations at the Institute:
       ``(1) The grade of the Commandant
       ``(2) The chain of command of the Commandant of the 
     Institute within the Air Force
       ``(3) The employment and compensation of civilian 
     professors at the Institute
       ``(4) The processes for the identification of requirements 
     for advanced degrees within the Air Force, identification for 
     annual enrollment quotas and selection of candidates
       ``(5) Post graduation opportunities for graduates of the 
     Institute
       ``(6) The policies and practices regarding the admission of
       ``(A) officers of the Army, Navy, Marine Corps, and Coast 
     Guard;
       ``(B) employees of the Department of the Army, Department 
     of the Navy, and Department of Transportation;
       ``(C) personnel of the armed forces of foreign countries;
       ``(D) enlisted members of the Armed Forces of the United 
     States; and
       ``(E) others eligible for admission.''


                   AIR FORCE INSTITUTE OF TECHNOLOGY

  Mr. DeWINE. Mr. President, the amendment I have offered is designed 
to ensure the continued viability of and effectiveness in a vital Air 
Force asset--the Air Force Institute of Technology, known as AFIT. 
AFIT, located at Wright-Patterson Air Force Base in Dayton, Ohio, 
provides defense-focused graduate and continuing education, research, 
and consultation to the Air Force and the Department of Defense.
  The U.S. Army established AFIT in 1919, as the Air School of 
Application. This school, located at historic McCook field in Dayton, 
Ohio, provided technical training to pilots. In 1926, the Army Air 
Corps relocated the engineering school to Wright Field. In 1947, when 
the Air Force became a separate service, the school assumed its current 
name. Under the guidance of Theodore Von Karman, AFIT developed a 
graduate education program to support the vision of a technologically 
superior Air Force.
  Today, the AFIT Graduate School of Engineering and Management offers 
Masters of Science degrees in 20 areas of defense-focused 
specialization, and Doctors of Philosophy (PhD) in 13 of these areas. 
At any one time, AFIT has 400 full-time graduate students, including 
officers and civilians from the Air Force, sister services, and allied 
and foreign services. International students from more than 50 
countries have participated since 1961, and 21 international students 
are currently enrolled. AFIT has awarded more than 13,000 Masters and 
300 PhD degrees since it became accredited in 1954. Among AFIT's 
illustrious graduates are 11 current and former astronauts, including 
Steve Lindsay, the pilot of the shuttle mission of our former 
colleague, retired Senator John Glenn.
  Mr. President, AFIT is critical to the Air Force's long-term ability 
to retain technological superiority. AFIT trains the mid-career 
officers and civilians required to provide the expertise necessary to 
act as informed, technically astute buyers in our acquisition corps and 
skilled innovators in our laboratories. AFIT graduates eventually 
progress through their careers to become senior level leaders with the 
technical backgrounds needed to provide the vision for the Air Force to 
retain its ability to provide air superiority well into this century. I 
have long said that Wright-Patterson is the brain power behind our air 
power. AFIT is the source of a great deal of that air power.
  Despite this past success, AFIT's future is uncertain. AFIT's Board 
of Visitors completed a troubling report on the long-term viability of 
the school. The report states that the Institute is ``in passive, but 
inexorable shutdown mode'' due to an attitude of ``studied inaction by 
the Air Force at all levels.'' In response to this report, I joined 
with Senator Voinovich and Congressmen Hobson and Hall in a letter to 
Air Force Secretary Peters, calling on the Air Force to respond to the 
Board of Visitors' disturbing findings. The amendment I have offered 
today is designed to reinforce the importance of AFIT by giving it a 
statutory designation in the U.S. Code. My amendment also contains a 
sense of the Senate that details the issues that need to be reviewed by 
the Air Force leadership if AFIT is to continue to be a significant 
contributor to our nation's aeronautical dominance.
  Mr. President, I urge my colleagues to support this important 
amendment.


                amendment no. 3396 to amendment no. 3237

               (Purpose: To make a technical correction)

       On page 2, line 15, strike ``$1,500,000'' and insert 
     ``$1,500,000''.
                                  ____



                           AMENDMENT NO. 3397

    (Purpose: To increase the TRICARE maximum allowable charge for 
physicians in rural States, and to require a report on nonparticipation 
               of physicians in TRICARE in rural States)

       On page 251, between lines 6 and 7, insert the following:

     SEC. 714. ENHANCEMENT OF ACCESS TO TRICARE IN RURAL STATES.

       (a) Higher Maximum Allowable Charge.--Section 1079(h) of 
     title 10, United States Code, is amended--
       (1) in paragraph (1), by striking ``paragraphs (2) and 
     (3)'' in the first sentence and inserting ``paragraphs (2), 
     (3), and (4)'';
       (2) by redesignating paragraph (4) as paragraph (5);
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4)(A) The amount payable for a charge for a service 
     provided by an individual health care professional or other 
     noninstitutional health care provider in a rural State for 
     which a claim is submitted under a plan contracted for under 
     subsection (a) shall be equal to 80 percent of the customary 
     and reasonable charge for services of that type when provided 
     by such a professional or other provider, as the case may be, 
     in that State.
       ``(B) A customary and reasonable charge shall be determined 
     for the purposes of subparagraph (A) under regulations 
     prescribed

[[Page 10644]]

     by the Secretary of Defense in consultation with the other 
     administering Secretaries. In prescribing the regulations, 
     the Secretary may also consult with the Administrator of the 
     Health Care Financing Administration of the Department of 
     Health and Human Services.''; and
       (4) by adding at the end the following:
       ``(6) In this subsection the term `rural State' means a 
     State that has, on average, as determined by the Bureau of 
     the Census in the latest decennial census--
       ``(A) less than 76 residents per square mile; and
       ``(B) less than 211 actively practicing physicians (not 
     counting physicians employed by the United States) per 
     100,000 residents.''.
       (b) Report.--(1) Not later than 180 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 the extent to which 
     physicians are choosing not to participate in contracts for 
     the furnishing of health care in rural States under chapter 
     55 of title 10, United States Code.
       (2) The report shall include the following:
       (A) The number of physicians in rural States who are 
     withdrawing from participation, or otherwise refusing to 
     participate, in the health care contracts.
       (B) The reasons for the withdrawals and refusals.
       (C) The actions that the Secretary of Defense can take to 
     encourage more physicians to participate in the health care 
     contracts.
       (D) Any recommendations for legislation that the Secretary 
     considers necessary to encourage more physicians to 
     participate in the health care contracts.
       (3) In this subsection, the term ``rural State'' has the 
     meaning given that term in section 1079(h)(6) of title 10, 
     United States Code (as added by subsection (a)).

  Mr. MURKOWSKI. Mr. President, I commend Chairman Warner for the 
significant improvements he and his committee have proposed for the 
TRICARE system. However I am concerned that the current proposals do 
not address access problems in rural states, and I am offering this 
amendment to alleviate this problem.
  Military healthcare is one of the most important quality of life 
issues for my constituents. I have heard countless times how civilian 
doctors are refusing to see TRICARE patients because of the extremely 
low rates at which they are reimbursed. Because an adequate civilian 
healthcare provider network is required to supplement the military 
healthcare system, especially in rural states, TRICARE is failing to 
provide the kind of healthcare our service members, retirees and their 
dependents deserve.
  In rural states like my home state of Alaska, this is a huge problem. 
Medical costs are much higher than average, and there are fewer 
doctors. Having fewer doctors to compete with reduces physicians' 
incentive to accept the extremely low pay from TRICARE. In fact, in 
Alaska, doctors who see TRICARE patients are paid less than when they 
see Medicaid patients.
  Frankly, I am very concerned that the government would consider those 
who serve in our armed forces as less worthy of quality care than 
welfare recipients. When doctors refuse to see TRICARE beneficiaries 
and their dependents, they are forced to pay for their care themselves, 
or go without it all together. I have heard too often from Alaskans in 
the military who are frustrated that they cannot receive care because 
doctors cannot afford to see them. I would like to read the following 
letter from one of my constituents and ask unanimous consent that it be 
entered into the Record.
  The Department of Defense has the authority to raise the rates they 
pay doctors if they decide that a region has access problems. In fact, 
they are in the process of doing this in parts of Alaska. However they 
have excluded Anchorage, the largest city in the state. This is where 
the largest portion of beneficiaries live, and where the largest access 
problem exists. It is clear to me that the Department of Defense is not 
properly assessing where access is a problem. Because of this, it is 
time for Congress to act.
  My amendment will raise the rates the Department of Defense pays to 
civilian doctors who see TRICARE patients. It also calls on the 
Department of Defense to conduct a study assessing access problems in 
rural states, and present Congress ways to solve these problems.
  When men and women in the armed services, retirees and their 
dependents are refused treatment by civilian doctors, it has a direct 
effect on morale. They begin to think twice when it comes time to 
reenlist or leave. I am sure they are not recommending service to the 
young people in their family and community. With our current 
recruitment and retention problems in the military, I think it is our 
responsibility in the Senate to give TRICARE beneficiaries the kind of 
high quality healthcare they have earned through their dedication to 
this nation.
  I urge my colleagues to accept this important amendment.


                           AMENDMENT NO. 3398

(Purpose: To extend the authority of the Federal Government to conduct 
    public interest law enforcement conveyances of surplus property)

       At the appropriate place, insert the following:

     SEC.   . IMPROVING PROPERTY MANAGEMENT.

       (a) In General.--Section 203(p)(1)(B)(ii) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     484(p)(1)(B)(ii)) is amended by striking ``July 31, 2000'' 
     and inserting ``December 31, 2002''.
       (b) Conforming Amendment.--Section 233 of Appendix E of 
     Public Law 106-113 (113 Stat. 1501A-301) is repealed.

  Mr. FEINGOLD. Mr. President, I thank the bill's managers, the Senior 
Senator from Virginia, Mr. Warner, and the Senior Senator from 
Michigan, Mr. Levin, for assisting me with this amendment. I also 
deeply appreciate the efforts of the Senator from Tennessee, Mr. 
Thompson, who joins me as a co-sponsor of this amendment, and of his 
staff who assisted my staff in developing an acceptable final version.
  This amendment extends the authority of the General Services 
Administration to convey surplus property to local governments for law 
enforcement purposes for two years until the end of December 2002. This 
amendment will help a number of communities across the country seeking 
to use surplus property to protect their citizens and provide safe, 
secure facilities for their police departments. Without this amendment, 
the authority to convey surplus property for law enforcement purposes 
would expire at the end of July, 2000. Communities that want to use the 
GSA process, and have counted upon doing so, to negotiate the use of 
property for law enforcement purposes at a reduced cost would have been 
shut out in the matter of a few weeks.
  In fact, Mr. President, I have just such a situation in my own home 
state. The City of Kewaunee, Wisconsin wants to acquire the city's Army 
Reserve Center, which is a former federal armory building. The City 
intends to use the property as a municipal building in which they would 
house their police force and other municipal offices.
  Congress has specified a number of public purpose uses for which 
property can be transferred to local governments at a reduced cost. The 
Federal Property and Administrative Services Act allows property to be 
transferred to public agencies and institutions at discounts of up to 
100 percent of fair market value for a number of purposes: public 
health or educational uses, public parks or recreational areas, 
historic monuments, homeless assistance, correctional institutions, 
port facilities, public airports, wildlife conservation, and self-help 
housing. This type of transfer is called a public interest conveyance.
  I strongly believe that law enforcement is an important public 
purpose for which surplus property should be used. Moreover, in 
fairness to local communities with tight budgets, Congress needs to 
preserve this option for communities that are counting on being able to 
use this authority.
  Again, I am delighted that the bill managers have decided to accept 
this amendment, and I hope that this provision will be retained in 
Conference.


                           AMENDMENT NO. 3399

 (Purpose: To require a report on the status of domestic preparedness 
              against the threat of biological terrorism)

       On page 378, between lines 19 and 20, insert the following:

     SEC. 1027. REPORT ON THE STATUS OF DOMESTIC PREPAREDNESS 
                   AGAINST THE THREAT OF BIOLOGICAL TERRORISM.

       (a) Report Required.--Not later than March 31, 2001, the 
     President shall submit to the Speaker of the House of 
     Representatives and the President Pro Tempore of the Senate a 
     report on domestic preparedness against the threat of 
     biological terrorism.

[[Page 10645]]

       (b) Report Elements.--The report shall address the 
     following:
       (1) The current state of United States preparedness to 
     defend against a biologic attack.
       (2) The roles that various Federal agencies currently play, 
     and should play, in preparing for, and defending against, 
     such an attack.
       (3) The roles that State and local agencies and public 
     health facilities currently play, and should play, in 
     preparing for, and defending against, such an attack.
       (4) The advisability of establishing an intergovernmental 
     task force to assist in preparations for such an attack.
       (5) The potential role of advanced communications systems 
     in aiding domestic preparedness against such an attack.
       (6) The potential for additional research and development 
     in biotechnology to aid domestic preparedness against such an 
     attack.
       (7) Other measures that should be taken to aid domestic 
     preparedness against such an attack.
       (8) The financial resources necessary to support efforts 
     for domestic preparedness against such an attack.
       (9) The beneficial consequences of such efforts on--
       (A) the treatment of naturally occurring infectious 
     disease;
       (B) the efficiency of the United States health care system;
       (C) the maintenance in the United States of a competitive 
     edge in biotechnology; and
       (D) the United States economy.
                                  ____



                           AMENDMENT NO. 3400

   (Purpose: To authorize a land conveyance, former National Ground 
            Intelligence Center, Charlottesville, Virginia)

       On page 545, following line 22, add the following:

                       PART IV--OTHER CONVEYANCES

     SEC. 2876. LAND CONVEYANCE, FORMER NATIONAL GROUND 
                   INTELLIGENCE CENTER, CHARLOTTESVILLE, VIRGINIA.

       (a) Conveyance Authorized.--The Administrator of General 
     Services may convey, without consideration, to the City of 
     Charlottesville, Virginia (in this section referred to as the 
     ``City''), all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, formerly occupied by the National 
     Ground Intelligence Center and known as the Jefferson Street 
     Property.
       (b) Authority To Convey Without Consideration.--The 
     conveyance authorized by subsection (a) may be made without 
     consideration if the Administrator determines that the 
     conveyance on that basis would be in the best interests of 
     the United States.
       (c) Purpose of Conveyance.--The conveyance authorized by 
     subsection (a) shall be for the purpose of permitting the 
     City to use the parcel, directly or through an agreement with 
     a public or private entity, for economic development 
     purposes.
       (d) Reversionary Interest.--If, during the 5-year period 
     beginning on the date the Administrator makes the conveyance 
     authorized by subsection (a), the Administrator determines 
     that the conveyed real property is not being used for a 
     purpose specified in subsection (c), all right, title, and 
     interest in and to the property, including any improvements 
     thereon, may upon the election of the Administrator revert to 
     the United States, and upon such reversion the United States 
     shall have the right of immediate entry onto the property.
       (e) Inapplicability of Certain Property Management Laws.--
     The conveyance authorized by subsection (a) shall not be 
     subject to the following:
       (1) Sections 2667 and 2696 of title 10, United States Code.
       (2) Section 501 of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11411).
       (3) Sections 202 and 203 of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 483, 484).
       (f) Limitation on Certain Subsequent Conveyances.--(1) 
     Subject to paragraph (2), if at any time after the 
     Administrator makes the conveyance authorized by subsection 
     (a) the City conveys any portion of the parcel conveyed under 
     that subsection to a private entity, the City shall pay to 
     the United States an amount equal to the fair market value 
     (as determined by the Administrator) of the portion conveyed 
     at the time of its conveyance under this subsection.
       (2) Paragraph (1) applies to a conveyance described in that 
     paragraph only if the Administrator makes the conveyance 
     authorized by subsection (a) without consideration.
       (3) The Administrator shall deposit any amounts paid the 
     United States under this subsection into the fund established 
     by section 210(f) of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 490(f)). Any amounts so 
     deposited shall be available to the Administrator for real 
     property management and related activities as provided for 
     under paragraph (2) of that section.
       (g) 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 Administrator. The cost of the survey shall be borne 
     by the City.
       (h) Additional Terms and Conditions.--The Administrator may 
     require such additional terms and conditions in connection 
     with the conveyance as the Administrator considers 
     appropriate to protect the interests of the United States.
                                  ____



                           AMENDMENT NO. 3401

(Purpose: To authorize a land conveyance, Army Reserve Center, Winona, 
                               Minnesota)

       On page 539, between lines 7 and 8, insert the following:

     SEC. 2836. LAND CONVEYANCE, ARMY RESERVE CENTER, WINONA, 
                   MINNESOTA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Winona State University 
     Foundation of Winona, Minnesota (in this section referred to 
     as the ``Foundation''), all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     improvements thereon, in Winona, Minnesota, containing an 
     Army Reserve Center for the purpose of permitting the 
     Foundation to use the parcel for educational purposes.
       (b) 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 Foundation.
       (c) 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. 3402

       At the appropriate place, insert the following:

     SEC.   . SENSE OF THE SENATE REGARDING TAX TREATMENT OF 
                   MEMBERS RECEIVING SPECIAL PAY.

       It is the sense of the Senate that members of the Armed 
     Forces who receive special pay for duty subject to hostile 
     fire or imminent danger (37 U.S.C. 310) should receive the 
     same tax treatment as members serving in combat zones.
                                  ____



                           AMENDMENT NO. 3403

          (Purpose: To modify the basic allowance for housing)

       On page 206, between lines 15 and 16, insert the following:

     SEC. 610. BASIC ALLOWANCE FOR HOUSING.

       (a) Applicability of Low-Cost and No-Cost Reassignments to 
     Members With Dependents.--Subsection (b)(7) of section 403 of 
     title 37, United States Code, is amended by striking 
     ``without dependents''.
       (b) Allowance When Dependents Are Unable To Accompany 
     Members.--Subsection (d) of such section is amended by 
     striking paragraph (3) and inserting the following:
       ``(3) In the case of a member with dependents who is 
     assigned to duty in an area that is different from the area 
     in which the member's dependents reside--
       ``(A) the member shall receive a basic allowance for 
     housing as provided in subsection (b) or (c), as appropriate;
       ``(B) if the member is assigned to duty in an area or under 
     circumstances that, as determined by the Secretary concerned, 
     require the member's dependents to reside in a different 
     area, the member shall receive a basic allowance for housing 
     as if the member were assigned to duty in the area in which 
     the dependents reside or at the member's last duty station, 
     whichever the Secretary concerned determines to be equitable; 
     or
       ``(C) if the member is assigned to duty in that area under 
     the conditions of low-cost or no-cost permanent change of 
     station or permanent change of assignment and the Secretary 
     concerned determines that it would be inequitable to base the 
     member's entitlement to, and amount of, a basic allowance for 
     housing on the cost of housing in the area to which the 
     member is reassigned, the member shall receive a basic 
     allowance for housing as if the member were assigned to duty 
     at the member's last duty station.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on October 1, 2000, and shall apply 
     with respect to pay periods beginning on and after that date.
                                  ____



                           AMENDMENT NO. 3404

  (Purpose: To authorize the acceptance and use of gifts from the Air 
 Force Museum Foundation for the construction of a third building for 
the United States Air Force Museum at Wright-Patterson Air Force Base, 
                                 Ohio)

       On page 546, after line 13, add the following:

     SEC. 2882. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF 
                   THIRD BUILDING AT UNITED STATES AIR FORCE 
                   MUSEUM, WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

       (a) Acceptance Authorized.--(1) The Secretary of the Air 
     Force may accept from the Air Force Museum Foundation, a 
     private non-profit foundation, gifts in the form of cash, 
     Treasury instruments, or comparable United States Government 
     securities for the purpose of paying the costs of design and 
     construction of a third building for the United States Air 
     Force Museum at Wright-Patterson Air Force Base, Ohio. The 
     building

[[Page 10646]]

     is listed as an unfunded military construction requirement 
     for the Air Force in the fiscal year 2002 military 
     construction program of the Air Force.
       (2) A gift accepted under paragraph (1) may specify that 
     all or part of the amount of the gift be utilized solely for 
     purposes of the design and construction of a particular 
     portion of the building described in that paragraph.
       (b) Deposit in Escrow Account.--The Secretary, acting 
     through the Comptroller of the Air Force Materiel Command, 
     shall deposit the amount of any cash, instruments, or 
     securities accepted as a gift under subsection (a) in an 
     escrow account established for that purpose.
       (c) Investment.--Amounts in the escrow account under 
     subsection (b) not required to meet current requirements of 
     the account shall be invested in public debt securities with 
     maturities suitable to the needs of the account, as 
     determined by the Comptroller of the Air Force Materiel 
     Command, and bearing interest at rates that take into 
     consideration current market yields on outstanding marketable 
     obligations of the United States of comparable maturities. 
     The income on such investments shall be credited to and form 
     a part of the account.
       (d) Utilization.--(1) Amounts in the escrow account under 
     subsection (b), including any income on investments of such 
     amounts under subsection (c), that are attributable to a 
     particular portion of the building described in subsection 
     (a) shall be utilized by the Comptroller of the Air Force 
     Materiel Command to pay the costs of the design and 
     construction of such portion of the building, including 
     progress payments for such design and construction.
       (2) Subject to paragraph (3), amounts shall be payable 
     under paragraph (1) upon receipt by the Comptroller of the 
     Air Force Materiel Command of a notification from an 
     appropriate officer or employee of the Corps of Engineers 
     that such amounts are required for the timely payment of an 
     invoice or claim for the performance of design or 
     construction activities for which such amounts are payable 
     under paragraph (1).
       (3) The Comptroller of the Air Force Materiel Command 
     shall, to the maximum extent practicable consistent with good 
     business practice, limit payment of amounts from the account 
     in order to maximize the return on investment of amounts in 
     the account.
       (e) Limitation on Contracts.--The Corps of Engineers may 
     not enter into a contract for the design or construction of a 
     particular portion of the building described in subsection 
     (a) until amounts in the escrow account under subsection (b), 
     including any income on investments of such amounts under 
     subsection (c), that are attributable to such portion of the 
     building are sufficient to cover the amount of such contract.
       (f) Liquidation of Escrow Account.--(1) Upon final payment 
     of all invoices and claims associated with the design and 
     construction of the building described in subsection (a), the 
     Secretary of the Air Force shall terminate the escrow account 
     under subsection (b).
       (2) Any amounts in the account upon final payment of 
     invoices and claims as described in paragraph (1) shall be 
     available to the Secretary for such purposes as the Secretary 
     considers appropriate.
                                  ____



                           AMENDMENT NO. 3405

  (Purpose: To require a GAO review of the AH-64 program of the Army)

       On page 123, between lines 12 and 13, insert the following:

     SEC. 377. REVIEW OF AH-64 AIRCRAFT PROGRAM.

       (a) Requirement for Review.--The Comptroller General shall 
     conduct a review of the Army's AH-64 aircraft program to 
     determine the following:
       (1) Whether any of the following conditions exist under the 
     program:
       (A) Obsolete spare parts, rather than spare parts for the 
     latest aircraft configuration, are being procured.
       (B) There is insufficient sustaining system technical 
     support.
       (C) The technical data packages and manuals are obsolete.
       (D) There are unfunded requirements for airframe and 
     component upgrades.
       (2) Whether the readiness of the aircraft is impaired by 
     conditions described in paragraph (1) that are determined to 
     exist.
       (b) Report.--Not later than March 1, 2001, the Comptroller 
     General shall submit to the congressional defense committees 
     a report on the results of the review under subsection (a).
                                  ____



                           AMENDMENT NO. 3406

 (Purpose: To make available, with an offset, an additional $2,500,000 
   for research, development, test, and evaluation for the Army for 
     Countermine Systems (PE602712A) for research in acoustic mine 
                               detection)

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. ACOUSTIC MINE DETECTION.

       (a) Increase in Amount.--(1) The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army is hereby increased by 
     $2,500,000.
       (2) Of the amount authorized to be appropriated by section 
     201(1), as increased by paragraph (1), the amount available 
     for Countermine Systems (PE602712A) is hereby increased by 
     $2,500,000, with the amount of such increase available for 
     research in acoustic mine detection.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation Defense-wide is hereby decreased by $2,500,000, 
     with the amount of such decrease to be applied to Sensor 
     Guidance Technology (PE603762E).
                                  ____



                           AMENDMENT NO. 3407

(Purpose: To permit the lease of the Naval Computer Telecommunications 
             Center, Cutler, Maine, pending its conveyance)

       On page 543, between lines 19 and 20, insert the following:
       (e) Lease of Property Pending Conveyance.--(1) Pending the 
     conveyance by deed of the property authorized to be conveyed 
     by subsection (a), the Secretary may enter into one or more 
     leases of the property.
       (2) The Secretary shall deposit any amounts paid under a 
     lease under paragraph (1) in the appropriation or account 
     providing funds for the protection, maintenance, or repair of 
     the property, or for the provision of utility services for 
     the property. Amounts so deposited shall be merged with funds 
     in the appropriation or account in which deposited, and shall 
     be available for the same purposes, and subject to the same 
     conditions and limitations, as the funds with which merged.
                                  ____



                           AMENDMENT NO. 3408

    (Purpose: To modify the authorized conveyee of certain land at 
                Ellsworth Air Force Base, South Dakota)

       On page 543, strike line 20 and insert the following:

                    PART III--AIR FORCE CONVEYANCES

     SEC. 2861. MODIFICATION OF LAND CONVEYANCE, ELLSWORTH AIR 
                   FORCE BASE, SOUTH DAKOTA.

       (a) Modification of Conveyee.--Subsection (a) of section 
     2863 of the Military Construction Authorization Act for 
     Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 
     2010) is amended by striking ``Greater Box Elder Area 
     Economic Development Corporation, Box Elder, South Dakota (in 
     this section referred to as the `Corporation')'' and 
     inserting ``West River Foundation for Economic and Community 
     Development, Sturgis, South Dakota (in this section referred 
     to as the `Foundation')''.
       (b) Conforming Amendments.--That section is further amended 
     by striking ``Corporation'' each place it appears in 
     subsections (c) and (e) and inserting ``Foundation''.

PART IV--DEFENSE-AGENCIES CONVEYANCES
                                  ____



                           AMENDMENT NO. 3409

 (Purpose: To consent to the retransfer by the Government of Greece to 
USS LST Ship Memorial, Inc., of an alternative LST excess to the needs 
                      of the Government of Greece)

       At the end of title XII, add the following:

     SEC. __. AUTHORITY TO CONSENT TO RETRANSFER OF ALTERNATIVE 
                   FORMER NAVAL VESSEL BY GOVERNMENT OF GREECE.

       Section 1012 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 740) is 
     amended--
       (1) in subsection (a), by inserting after ``HS Rodos (ex-
     USS BOWMAN COUNTY (LST 391))'' the following: ``, LST 325, or 
     any other former United States LST that is excess to the 
     needs of that government''; and
       (2) in subsection (b)(1), by inserting ``retransferred 
     under subsection (a)'' after ``the vessel''.
                                  ____



                           AMENDMENT NO. 3410

(Purpose: To require a report on the establishment of a global missile 
                      launch early warning center)

       On page 378, between lines 19 and 20, insert the following:

     SEC. 1027. REPORT ON GLOBAL MISSILE LAUNCH EARLY WARNING 
                   CENTER.

       Not later than March 15, 2001, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the feasibility and advisability of establishing a center 
     at which missile launch early warning data from the United 
     States and other nations would be made available to 
     representatives of nations concerned with the launch of 
     ballistic missiles. The report shall include the Secretary's 
     assessment of the advantages and disadvantages of such a 
     center and any other matters regarding such a center that the 
     Secretary considers appropriate.
                                  ____



                           AMENDMENT NO. 3411

     (Purpose: To require a GAO review of the working-capital fund 
activities of the Department of Defense, including the use of carryover 
                    authority between fiscal years)

       On page 378, between lines 19 and 20, insert the following:

     SEC. 1027. MANAGEMENT REVIEW OF WORKING-CAPITAL FUND 
                   ACTIVITIES.

       (a) Comptroller General Review Required.--The Comptroller 
     General shall conduct a review of the working-capital fund 
     activities of the Department of Defense to

[[Page 10647]]

     identify any potential changes in current management 
     processes or policies that, if made, would result in a more 
     efficient and economical operation of those activities.
       (b) Review To Include Carryover Policy.--The review shall 
     include a review of practices under the Department of Defense 
     policy that authorizes funds available for working-capital 
     fund activities for one fiscal year to be obligated for work 
     to be performed at such activities within the first 90 days 
     of the next fiscal year (known as ``carryover''). On the 
     basis of the review, the Comptroller General shall determine 
     the following:
       (1) The extent to which the working-capital fund activities 
     of the Department of Defense have complied with the 90-day 
     carryover policy.
       (2) The reasons for the carryover authority under the 
     policy to apply to as much as a 90-day quantity of work.
       (3) Whether applying the carryover authority to not more 
     than a 30-day quantity of work would be sufficient to ensure 
     uninterrupted operations at the working-capital fund 
     activities early in a fiscal year.
       (4) What, if any, savings could be achieved by restricting 
     the carryover authority so as to apply to a 30-day quantity 
     of work.
                                  ____



                           AMENDMENT NO. 3412

  (Purpose: To impose requirements for the implementation of the Navy-
                         Marine Corps Intranet)

       Beginning on page 295, after line 22, insert the following:
       (e) Phased Implementation To Commence During Fiscal Year 
     2001--The Secretary of the Navy shall commence a phased 
     implementation of the Navy-Marine Corps Intranet during 
     fiscal year 2001. For the implementation in that fiscal 
     year--
       (1) not more than fifteen percent of the total number of 
     work stations to be provided under the Navy-Marine Corps 
     Intranet program may be provided in the first quarter of such 
     fiscal year; and
       (2) no additional work stations may be provided until--
       (A) the Secretary has conducted operational testing of the 
     Intranet; and
       (B) the Chief Information Officer of the Department of 
     Defense has certified to the Secretary that the results of 
     the operational testing of the Intranet are acceptable.
       (f) Impact on Federal Employees.--The Secretary shall 
     mitigate any adverse impact of the implementation of the 
     Navy-Marine Corps Intranet on civilian employees of the 
     Department of the Navy who, as of the date of the enactment 
     of this Act, are performing functions that are included in 
     the scope of the Navy-Marine Corps Intranet program by--
       (1) developing a comprehensive plan for the transition of 
     such employees to the performance of other functions within 
     the Department of the Navy;
       (2) taking full advantage of transition authorities 
     available for the benefit of employees;
       (3) encouraging the retraining of employees who express a 
     desire to qualify for reassignment to the performance of 
     other functions within the Department of the Navy; and
       (4) including a provision in the Navy-Marine Corps Intranet 
     contract that requires the contractor to provide a preference 
     for hiring employees of the Department of the Navy who, as of 
     the date of the enactment of this Act, are performing 
     functions that are included in the scope of the contract.
                                  ____



                           AMENDMENT NO. 3413

(Purpose: To enhance authorities relating to education partnerships to 
                      encourage scientific study)

       On page 53, after line 23, add the following:

     SEC. 243. ENHANCEMENT OF AUTHORITIES REGARDING EDUCATION 
                   PARTNERSHIPS FOR PURPOSES OF ENCOURAGING 
                   SCIENTIFIC STUDY.

       (a) Assistance in Support of Partnerships.--Subsection (b) 
     of section 2194 of title 10, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     and is encouraged to provide,'' after ``may provide'';
       (2) in paragraph (1), by inserting before the semicolon the 
     following: ``for any purpose and duration in support of such 
     agreement that the director considers appropriate''; and
       (3) by striking paragraph (2) and inserting the following 
     new paragraph (2):
       ``(2) notwithstanding the provisions of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     471 et seq.) or any provision of law or regulation relating 
     to transfers of surplus property, transferring to the 
     institution any defense laboratory equipment (regardless of 
     the nature of type of such equipment) surplus to the needs of 
     the defense laboratory that is determined by the director to 
     be appropriate for support of such agreement;''.
       (b) Defense Laboratory Defined.--Subsection (e) of that 
     section is amended to read as follows:
       ``(e) In this section:
       ``(1) The term `defense laboratory' means any laboratory, 
     product center, test center, depot, training and educational 
     organization, or operational command under the jurisdiction 
     of the Department of Defense.
       ``(2) The term `local educational agency' has the meaning 
     given such term in section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801).''.
                                  ____



                           AMENDMENT NO. 3414

 (Purpose: To make available, with an offset, an additional $5,000,000 
   for research, development, test, and evaluation for the Army for 
Concepts Experimentation Program (PE605326A) for test and evaluation of 
  future operational technologies for use by mounted maneuver forces)

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. OPERATIONAL TECHNOLOGIES FOR MOUNTED MANEUVER 
                   FORCES.

       (a) Increase in Amount.--(1) The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army is hereby increased by 
     $5,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(1), as increased by paragraph (1), the amount available 
     for Concepts Experimentation Program (PE605326A) is hereby 
     increased by $5,000,000, with the amount of such increase 
     available for test and evaluation of future operational 
     technologies for use by mounted maneuver forces.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation Defense-wide is hereby decreased by $5,000,000, 
     with the amount of such decrease to be applied to Computing 
     Systems and Communications Technology (PE602301E).
                                  ____



                           AMENDMENT NO. 3415

  (Purpose: To provide for the development of a Marine Corps Heritage 
            Center at Marine Corps Base, Quantico, Virginia)

       On page 546, following line 13, add the following:

     SEC. 2882. DEVELOPMENT OF MARINE CORPS HERITAGE CENTER AT 
                   MARINE CORPS BASE, QUANTICO, VIRGINIA.

       (a) Authority To Enter Into Joint Venture for 
     Development.--The Secretary of the Navy may enter into a 
     joint venture with the Marine Corps Heritage Foundation, a 
     not-for-profit entity, for the design and construction of a 
     multipurpose facility to be used for historical displays for 
     public viewing, curation, and storage of artifacts, research 
     facilities, classrooms, offices, and associated activities 
     consistent with the mission of the Marine Corps University. 
     The facility shall be known as the Marine Corps Heritage 
     Center.
       (b) Authority To Accept Certain Land.--(1) The Secretary 
     may, if the Secretary determines it to be necessary for the 
     facility described in subsection (a), accept without 
     compensation any portion of the land known as Locust Shade 
     Park which is now offered by the Park Authority of the County 
     of Prince William, Virginia, as a potential site for the 
     facility.
       (2) The Park Authority may convey the land described in 
     paragraph (1) to the Secretary under this section without 
     regard to any limitation on its use, or requirement for its 
     replacement upon conveyance, under section 6(f)(3) of the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     8(f)(3)) or under any other provision of law.
       (c) Design and Construction.--For each phase of development 
     of the facility described in subsection (a), the Secretary 
     may--
       (1) permit the Marine Corps Heritage Foundation to contract 
     for the design, construction, or both of such phase of 
     development; or
       (2) accept funds from the Marine Corps Heritage Foundation 
     for the design, construction, or both of such phase of 
     development.
       (d) Acceptance Authority.--Upon completion of construction 
     of any phase of development of the facility described in 
     subsection (a) by the Marine Corps Heritage Foundation to the 
     satisfaction of the Secretary, and the satisfaction of any 
     financial obligations incident thereto by the Marine Corps 
     Heritage Foundation, the facility shall become the property 
     of the Department of the Navy with all right, title, and 
     interest in and to facility being in the United States.
       (e) Lease of Facility.--(1) The Secretary may lease, under 
     such terms and conditions as the Secretary considers 
     appropriate for the joint venture authorized by subsection 
     (a), portions of the facility developed under that subsection 
     to the Marine Corps Heritage Foundation for use in generating 
     revenue for activities of the facility and for such 
     administrative purposes as may be necessary for support of 
     the facility.
       (2) The amount of consideration paid the Secretary by the 
     Marine Corps Heritage Foundation for the lease under 
     paragraph (1) may not exceed an amount equal to the actual 
     cost (as determined by the Secretary) of the operation of the 
     facility.
       (3) Notwithstanding any other provision of law, the 
     Secretary shall use amounts paid under paragraph (2) to cover 
     the costs of operation of the facility.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional

[[Page 10648]]

     terms and conditions in connection with the joint venture 
     authorized by subsection (a) as the Secretary considers 
     appropriate to protect the interests of the United States.
                                  ____



                           AMENDMENT NO. 3416

     (Purpose: To require a the Army National Guard to carry out a 
demonstration project to provide Internet access and services to rural 
     communities that are unserved or underserved by the Internet)

       On page 58, between lines 7 and 8, insert the following:

     SEC. 313. DEMONSTRATION PROJECT FOR INTERNET ACCESS AND 
                   SERVICES IN RURAL COMMUNITIES.

       (a) In General.--The Secretary of the Army, acting through 
     the Chief of the National Guard Bureau, shall carry out a 
     demonstration project to provide Internet access and services 
     to rural communities that are unserved or underserved by the 
     Internet.
       (b) Project Elements.--In carrying out the demonstration 
     project, the Secretary shall--
       (1) establish and operate distance learning classrooms in 
     communities described in subsection (a), including any 
     support systems required for such classrooms; and
       (2) subject to subsection (c), provide Internet access and 
     services in such classrooms through GuardNet, the 
     telecommunications infrastructure of the National Guard.
       (c) Availability of Access and Services.--Under the 
     demonstration project, Internet access and services shall be 
     available to the following:
       (1) Personnel and elements of governmental emergency 
     management and response entities located in communities 
     served by the demonstration project.
       (2) Members and units of the Army National Guard located in 
     such communities.
       (3) Businesses located in such communities.
       (4) Personnel and elements of local governments in such 
     communities.
       (5) Other appropriate individuals and entities located in 
     such communities.
       (d) Report.--Not later than February 1, 2005, the Secretary 
     shall submit to Congress a report on the demonstration 
     project. The report shall describe the activities under the 
     demonstration project and include any recommendations for the 
     improvement or expansion of the demonstration project that 
     the Secretary considers appropriate.
       (e) Funding.--(1) The amount authorized to be appropriated 
     by section 301(10) for operation and maintenance of the Army 
     National Guard is hereby increased by $15,000,000.
       (2) Of the amount authorized to be appropriated by section 
     301(10), as increased by paragraph (1), $15,000,000 shall be 
     available for the demonstration project required by this 
     section.
       (3) It is the sense of Congress that requests of the 
     President for funds for the National Guard for fiscal years 
     after fiscal year 2001 should provide for sufficient funds 
     for the continuation of the demonstration project required by 
     this section.
                                  ____



                           AMENDMENT NO. 3417

    (Purpose: To authorize, with an offset, $300,000 for research, 
 development, test, and evaluation Defense-wide for Generic Logistics 
Research and Development Technology Demonstrations (PE603712S) for air 
                         logistics technology)

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. AIR LOGISTICS TECHNOLOGY.

       (a) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation Defense-wide, the amount available for 
     Generic Logistics Research and Development Technology 
     Demonstrations (PE603712S) is hereby increased by $300,000, 
     with the amount of such increase available for air logistics 
     technology.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(4), the amount available for Computing Systems 
     and Communications Technology (PE602301E) is hereby decreased 
     by $300,000.
                                  ____



                           AMENDMENT NO. 3418

(Purpose: To authorize the President to award a gold medal on behalf of 
Congress to General Wesley K. Clark, United States Army, in recognition 
     of his outstanding leadership and service during the military 
   operations against the Federal Republic of Yugoslavia (Serbia and 
                              Montenegro))

       On page 415, between lines 2 and 3, insert the following:

     SEC. 1061. AWARD OF CONGRESSIONAL GOLD MEDAL TO GENERAL 
                   WESLEY K. CLARK.

       (a) Findings.--Congress makes the following findings:
       (1) While serving as Supreme Allied Commander in Europe, 
     General Wesley K. Clark demonstrated the highest degree of 
     professionalism in leading over 75,000 troops from 37 
     countries in military operations against the Federal Republic 
     of Yugoslavia (Serbia and Montenegro).
       (2) General Clark's 34 years of outstanding service as an 
     Army officer gave him the ability to effectively mobilize and 
     command multinational air and ground forces in the Balkans.
       (3) The forces led by General Clark succeeded in halting 
     the Serbian government's human rights abuses in Kosovo and 
     permitted a safe return of refugees to their homes.
       (4) Under the leadership of General Clark, NATO forces 
     launched successful air and ground attacks against Serbian 
     military forces with a minimum of losses.
       (5) As the Supreme Allied Commander in Europe, General 
     Clark continued the history of the American military of 
     defending the rights of all people to live their lives in 
     peace and freedom, and he should be recognized for his 
     tremendous achievements by the award of a Congressional Gold 
     Medal.
       (b) Congressional Gold Medal.--
       (1) Presentation authorized.--The President is authorized 
     to present, on behalf of the Congress, a gold medal of 
     appropriate design to General Wesley K. Clark, in recognition 
     of his outstanding leadership and service as Supreme Allied 
     Commander in Europe during the military operations against 
     the Federal Republic of Yugoslavia (Serbia and Montenegro).
       (2) Design and striking.--For the purpose of the 
     presentation referred to in paragraph (1), the Secretary of 
     the Treasury (hereafter in this section referred to as the 
     ``Secretary'') shall strike a gold medal with suitable 
     emblems, devices, and inscriptions, to be determined by the 
     Secretary.
       (c) Duplicate Medals.--The Secretary may strike and sell 
     duplicates in bronze of the gold medal struck pursuant to 
     subsection (b) under such regulations as the Secretary may 
     prescribe, and at a price sufficient to cover the costs 
     thereof, including labor, materials, dies, use of machinery, 
     overhead expenses, and the cost of the gold medal.
       (d) National Medals.--The medals struck pursuant to this 
     section are national medals for purposes of chapter 51 of 
     title 31, United States Code.
       (e) Authorization of Appropriations; Proceeds of Sale.--
       (1) Authorization of appropriations.--There authorized to 
     be charged against the Numismatic Public Enterprise Fund an 
     amount not to exceed $30,000 to pay for the cost of the medal 
     authorized by this section.
       (2) Proceeds of sale.--Amounts received from the sales of 
     duplicate bronze medals under subsection (c) shall be 
     deposited in the Numismatic Public Enterprise Fund.
                                  ____



                           AMENDMENT NO. 3419

   (Purpose: To conform the requirement for verbatim records of the 
   proceedings of special courts-martial to the increased punishment 
                  authority of special courts-martial)

       On page 200, after line 23, insert the following:

     SEC. 566. VERBATIM RECORDS IN SPECIAL COURTS-MARTIAL.

       (a) When Required.--Subsection (c)(1)(B) of section 854 of 
     title 10, United States Code (article 54 of the Uniform Code 
     of Military Justice), is amended by inserting after ``bad-
     conduct discharge'' the following: ``, confinement for more 
     than six months, or forfeiture of pay for more than six 
     months''.
       (b) Retroactive Effective Date.--The amendment made by 
     subsection (a) shall take effect as of April 1, 2000, and 
     shall apply with respect to charges referred on or after that 
     date to trial by special courts-martial.
                                  ____



                           AMENDMENT NO. 3420

(Purpose: To require the Secretary of Defense to prescribe policies and 
 procedures for Department of Defense decisionmaking on actions to be 
 taken in cases of false claims submitted to the Department of Defense)

       On page 415, between lines 2 and 3, insert the following:

     SEC. 1061. DEPARTMENT OF DEFENSE PROCESS FOR DECISIONMAKING 
                   IN CASES OF FALSE CLAIMS.

       (a) Policies and Procedures.--Not later than 30 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall prescribe policies and procedures for 
     Department of Defense decisionmaking on issues arising under 
     sections 3729 through 3733 of title 31, United States Code, 
     in cases of claims submitted to the Department of Defense 
     that are suspected or alleged to be false.
       (b) Referral and Intervention Decisions.--The policies and 
     procedures shall specifically require that--
       (1) an official at an appropriately high level in the 
     Department of Defense make the decision on whether to refer 
     to the Attorney General a case involving a claim submitted to 
     the Department of Defense or to recommend that the Attorney 
     General intervene in, or seek dismissal of, a qui tam action 
     involving such a claim; and
       (2) before making any such decision, the official 
     determined appropriate under the policies and procedures take 
     into consideration the applicable laws, regulations, and 
     agency guidance implementing the laws and regulations, and an 
     examination of all of the available alternative remedies.
       (c) Report.--(1) Not later than February 1, 2001, the 
     Secretary of Defense shall submit to Congress a report on the 
     Qui Tam Review Panel, including its status.
       (2) For the purposes of paragraph (1), the Qui Tam Review 
     Panel is the panel that was

[[Page 10649]]

     established by the Secretary of Defense for an 18-month trial 
     period to review extraordinary cases of qui tam actions 
     involving false contract claims submitted to the Department 
     of Defense.
                                  ____



                           amendment no. 3421

 (Purpose: Expressing the sense of the Senate that long-term economic 
 development aid should be immediately provided to assist communities 
                    rebuilding from Hurricane Floyd)

       At the appropriate place, insert the following:

     SEC.   . SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) during September 1999, Hurricane Floyd ran a path of 
     destruction along the entire eastern seaboard from Florida to 
     Maine;
       (2) Hurricane Floyd was the most destructive natural 
     disaster in the history of the State of North Carolina and 
     most costly natural disaster in the history of the State of 
     New Jersey;
       (3) the Federal Emergency Management Agency declared 
     Hurricane Floyd the eighth worst natural disaster of the past 
     decade;
       (4) although the Federal Emergency Management Agency 
     coordinates the Federal response to natural disasters that 
     exceed the capabilities of State and local governments and 
     assists communities to recover from those disasters, the 
     Federal Emergency Management Agency is not equipped to 
     provide long-term economic recovery assistance;
       (5) it has been 9 months since Hurricane Floyd and the 
     Nation has hundreds of communities that have yet to recover 
     from the devastation caused by that disaster;
       (6) in the past, Congress has responded to natural 
     disasters by providing additional economic community 
     development assistance to communities recovering from those 
     disasters, including $250,000,000 for Hurricane Georges in 
     1998, $552,000,000 for Red River Valley Floods in North 
     Dakota in 1997, $25,000,000 for Hurricanes Fran and Hortense 
     in 1996, and $725,000,000 for the Northridge Earthquake in 
     California in 1994;
       (7) additional assistance provided by Congress to 
     communities recovering from natural disasters has been in the 
     form of community development block grants administered by 
     the Department of Housing and Urban Development 
     Administration;
       (8) communities affected by Hurricane Floyd are facing 
     similar recovery needs as have victims of other natural 
     disasters and will need long-term economic recovery plans to 
     make them strong again; and
       (9) on April 7, 2000, the Senate passed amendment number 
     3001 to S. Con. Res. 101, which amendment would allocate 
     $250,000,000 in long-term economic development aid to assist 
     communities rebuilding from Hurricane Floyd, including 
     $150,000,000 in community development block grant funding and 
     $50,000,000 in rural facilities grant funding.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) communities devastated by Hurricane Floyd should know 
     that, in the past, Congress has responded to natural 
     disasters by demonstrating a commitment to helping affected 
     States and communities to recover;
       (2) the Federal response to natural disasters has 
     traditionally been quick, supportive, and appropriate;
       (3) recognizing that communities devastated by Hurricane 
     Floyd are facing tremendous challenges as they begin their 
     recovery, the Federal agencies that administer community and 
     regional development programs should expect an increase in 
     applications and other requests from these communities;
       (4) community development block grants administered by the 
     Department of Housing and Urban Development, grant programs 
     administered by the Economic Development Administration, and 
     the Community Facilities Grant Program administered by the 
     Department of Agriculture are resources that communities have 
     used to accomplish revitalization and economic development 
     following natural disasters; and
       (5) additional community and regional development funding, 
     as provided for in amendment number 3001 to S. Con. Res. 101, 
     as passed by the Senate on April 7, 2000, should be 
     appropriated to assist communities in need of long-term 
     economic development aid as a result of damage suffered by 
     Hurricane Floyd.
                                  ____



                           amendment no. 3422

 (Purpose: To amend S. 2549, to provide for the coverage and treatment 
 of unutilized and underutilized plant-capacity costs of United States 
  arsenals when making supplies and providing services for the United 
                          States Armed Forces)

       At the end of title III, subtitle D insert the following:

     SEC.   . UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS OF 
                   UNITED STATES ARSENALS.

       (a) Unutilized and Underutilized Plant Capacity at United 
     States Arsenals.--S. 2549 is amended by adding the following:
       (b) Unutilized and Underutilized Plant Capacity at United 
     States Arsenals.--
       (1) The Secretary shall submit to Congress each year, 
     together with the President's budget for the fiscal year 
     beginning in such year under section 1105(a) of title 31, an 
     estimate of the funds to be required in the fiscal year in 
     order to cover the costs of operating and maintaining 
     unutilized and underutilized plant capacity at United States 
     arsenals.
       (2) Funds appropriated to the Secretary for a fiscal year 
     for costs described in paragraph (1) shall be utilized by the 
     Secretary in such fiscal year only to cover such costs.
       (3) Notwithstanding any other provision of law, the 
     Secretary shall not include unutilized or underutilized 
     plant-capacity costs when evaluating an arsenal's bid for 
     purposes of the arsenal's contracting to provide a good or 
     service to a United States government organization. When an 
     arsenal is subcontracting to a private-sector entity on a 
     good or service to be provided to a United States government 
     organization, the cost charged by the arsenal shall not 
     include unutilized or underutilized plant-capacity costs that 
     are funded by a direct appropriation.
       (c) Definition of Unutilized and Underutilized Plant-
     Capacity Costs.--For purposes of this section, the term 
     ``unutilized and underutilized plant-capacity cost'' shall 
     mean the cost associated with operating and maintaining 
     arsenal facilities and equipment that the Secretary of the 
     Army determines are required to be kept for mobilization 
     needs, in those months in which the facilities and equipment 
     are not used or are used only 20% or less of available work 
     days.

  Mr. FITZGERALD. Mr. President, this is an amendment that corrects a 
flaw in Department of Defense procurement rules that has increased 
military costs and had a severe impact on this nation's arsenals. 
Recently implemented rules requires U.S. arsenals to overstate their 
true cost of supplying goods and services to the military. As a result, 
arsenals have been losing bids on contracts under competitive bidding 
procedures, even when use of an arsenal would lead to lower overall 
costs for the Department of Defense. This quirk in the rules has not 
only increased Department of Defense expenditures; it has also led to 
severe underutilization of the arsenals, threatening the viability of 
an invaluable national resource.
  Under Defense Working Capital Fund procurement rules, which were 
implemented in 1996, government-owned military suppliers are required 
to charge the military the full cost of any good or service that they 
supply to the Armed Forces. The idea behind these rules was to 
discourage overconsumption of goods and services by the military, and 
to promote cost transparency--to make it clear to the government how 
much it was paying to have a good or service supplied by a government-
owned facility. Individual military departments were encouraged to seek 
the lowest price available for goods and services--and to allow private 
companies to compete with government-owned facilities for military 
contracts.
  Unfortunately, the DWCF rules also include a number of provisions 
that place domestic facilities at a substantial disadvantage to their 
private competitors. The domestic suppliers are required to include a 
number of items in their contract bids that are unrelated to their 
marginal cost of actually supplying a good or and service to the 
military. For example, suppliers are now required to bill their net 
capital investment costs in a given year to all of their customers in 
that year--even if the equipment that was purchased has no relation to 
the customers' contracts. More severe for the arsenals is the DWCF 
rules' treatment of reserve capacity. All U.S. arsenals are required to 
maintain excess capacity, in order to be able to ramp up production 
immediately in the event of a war or military crisis. This unused plant 
capacity is something that no private business would maintain--a 
private business would simply sell off or lease out its unused assets. 
And the costs of maintaining this capacity are substantial. But DWCF 
rules, as they presently exist, require the arsenals to include reserve 
capacity costs in their bids when they compete with private companies 
for military contracts.
  The results of this system have been predictable. Arsenals have 
repeatedly lost work to private companies, even when the true marginal 
cost of having the work performed by an arsenal is less than the price 
charged by a private contractor. Moreover, the United States government 
ends up paying for the arsenals' unused capacity anyway--either through 
higher costs on other arsenal contracts, or through accumulated 
operating deficits built up

[[Page 10650]]

by the arsenals. Though the individual military department saves money 
when its purchasing agents buy from a private contractor instead of an 
arsenal, when those purchasing decisions are driven by avoidance of 
reserve capacity costs, the military as a whole loses. The government 
pays for reserve capacity anyway, and the military pays more to have 
the work done by a private company that the true marginal cost of 
having it done by an arsenal.
  These conclusions are confirmed by a 1999 Department of Defense 
report on the DWCF system. The Defense Working Capital Fund Task 
Force's Issue Paper emphasizes that under the current system, though 
immediate purchasers may pay a lower price, ``the DoD will ultimately 
pay twice for maintaining both the essential organic capability as well 
as contracting out'' for the good or service. The DWCF rules' 
overpricing of arsenal services not only ``encourage[] behavior that is 
not optimal for the military as a whole,'' it also leads to an 
increasing disparity between military and private suppliers that 
``results in an increasing abandonment of DWCF services.''
  For these reasons, I introduce the present amendment. This amendment 
provides for direct funding of unused plant-capacity costs at United 
States arsenals. By removing these reserve-capacity costs from arsenal 
bid prices, the amendment would allow arsenals to compete on an equal 
footing with private companies. And by allowing arsenal prices to 
reflect true marginal costs, it would not only bring more business to 
the arsenals; it would save money for the government. No longer would 
military purchasers be discouraged from using an arsenal when its 
actual marginal costs--those that would be charged by a private 
business--are less than the prices charged by a private contractor. And 
finally, direct funding would promote the goal of cost transparency--
the original goal of the DWCF system. Separately budgeting for reserve 
capacity--while also allowing arsenal prices to reflect the true costs 
of providing goods and services.
  Finally, I wish to emphasize that allowing the arsenals to fall into 
disuse would be a grave loss for the United States military. In my home 
state of Illinois, the Rock Island Arsenal has long been an important 
military resource. It is a proven, cost-effective producer of high-
quality military equipment. It has also served as a valuable supplier 
of last resort, providing mission-critical parts and services to the 
Department of Defense when private contractors have lacked capacity or 
breached their contracts. The arsenal has been called on to provide M16 
gun bolts when a private contractor defaulted on a contract. It has 
also produced mission-critical shims and pins for the Apache helicopter 
when outside suppliers were unable to meet the Army's deadline.
  The U.S. government acquired Rock Island, which lies in the 
Mississippi River between Illinois and Iowa, in 1804. The first U.S. 
military base on the island was Fort Armstrong, established in 1816. In 
1862, Congress passed a law that established the Rock Island Arsenal. 
Construction of the first manufacturing buildings began in 1866 and 
finished with the last stone shop in 1893.
  In the late 1980s, the Department of Defense invested $222 million in 
Rock Island Arsenal's capabilities. The arsenal is now the Department 
of Defense's only general-purpose metal manufacturing facility, 
providing forging, sheet metal, and welding and heat treating 
operations that cover the entire range of technologically feasible 
processes. The Rock Island Arsenal also has a machine shop capable of 
specialized operations such as gear cutting, die sinking, and tool 
making; a paint shop certified to apply chemical agent resistant 
coatings to items as large as tanks; and a plating shop that can apply 
chrome, nickel, cadmium, and copper and can galvanize, parkerize, 
anodize, and apply oxide finishes.
  Direct budgeting of unused plant capacity will allow arsenals' bids 
to reflect their true marginal costs of production and service, thereby 
increasing efficient use of the arsenals, reducing costs for the 
Department of Defense as a whole, and preserving an invaluable military 
resource.


                           amendment no. 3423

       At the appropriate place, insert the following:

     SEC.  . REGARDING LAND CONVEYANCE, MARINE CORPS BASE, CAMP 
                   LEJEUNE, NORTH CAROLINA.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey, to the city of Jacksonville, North Carolina (City), 
     all right, title and interest of the United States in and to 
     real property, including improvements thereon, and currently 
     leased to Norfolk Southern Corporation (NSC), consisting of 
     approximately 50 acres, known as the railroad right-of-way, 
     lying within the City between Highway 24 and Highway 17, at 
     the Marine Corps Base, Camp Lejeune, North Carolina, for the 
     purpose of permitting the City to develop the parcel for 
     initial use as a bike/green way trail.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the City shall reimburse the Secretary 
     such amounts (as determined by the Secretary) equal to the 
     costs incurred by the Secretary in carrying out the 
     provisions of this section, including, but not limited to, 
     planning, design, surveys, environmental assessment and 
     compliance, supervision and inspection of construction, 
     severing and realigning utility systems, and other prudent 
     and necessary actions, prior to the conveyance authorized by 
     subsection (a). Amounts collected under this subsection shall 
     be credited to the account(s) from which the expenses were 
     paid. Amounts so credited shall be merged with funds in such 
     account(s) and shall be available for the same purposes and 
     subject to the same limitations as the funds with which 
     merged.
       (c) Condition of Conveyance.--The right of the Secretary of 
     the Navy to retain such easements, rights of way, and other 
     interests in the property conveyed and to impose such 
     restrictions on the property conveyed as are necessary to 
     ensure the effective security, maintenance, and operations of 
     the Marine Corps Base, Camp Lejeune, North Carolina, and to 
     protect human health and the environment.
       (d) Description of the Property.--The exact acreage and 
     legal description of the real property authorized to be 
     conveyed under subsection (a) shall be determined by a survey 
     satisfactory to the Secretary of the Navy.
       (e) Additional Terms and Conditions.--The Secretary of the 
     Navy may require such additional terms and connection with 
     the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                  ____



                           AMENDMENT NO. 3424

 (Purpose: To authorize, with an offset, $1,450,000 for a contribution 
  by the Air National Guard to construction of a new airport tower at 
                  Cheyenne Airport, Cheyenne, Wyoming)

       On page 503, between lines 5 and 6, insert the following:

     SEC. 2602. AUTHORIZATION FOR CONTRIBUTION TO CONSTRUCTION OF 
                   AIRPORT TOWER, CHEYENNE AIRPORT, CHEYENNE, 
                   WYOMING.

       (a) Increase in Amount Authorized for Air National Guard.--
     The amount authorized to be appropriated by section 
     2601(3)(A) is hereby increased by $1,450,000.
       (b) Offset.--The amounts authorized to be appropriated by 
     section 2403(a), and by paragraph (2) of that section, are 
     each hereby reduced by $1,450,000. The amount of the 
     reduction shall be allocated to the project authorized in 
     section 2401(b) for the Tri-Care Management Agency for the 
     Naval Support Activity, Naples, Italy.
       (c) Availability of Funds for Contribution to Tower.--Of 
     the amounts authorized to be appropriated by section 
     2601(3)(A), as increased by subsection (a), $1,450,000 shall 
     be available to the Secretary of the Air Force for a 
     contribution to the costs of construction of a new airport 
     tower at Cheyenne Airport, Cheyenne, Wyoming.
       (d) Authority To Make Contribution.--The Secretary may, 
     using funds available under subsection (c), make a 
     contribution, in an amount considered appropriate by the 
     Secretary and consistent with applicable agreements, to the 
     costs of construction of a new airport tower at Cheyenne 
     Airport, Cheyenne, Wyoming.

  Mr. WARNER. Mr. President, I understand under the unanimous consent 
request, the Senate is ready to turn to the consideration of the 
Transportation bill.
  Mr. LEVIN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. WARNER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, I inform the Senate that we are currently 
under a unanimous consent request whereby the authorization bill for 
Defense is laid aside and we are going to

[[Page 10651]]

the question of the Transportation appropriations.
  Am I not correct in that?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. WARNER. The reason for the quorum call is to accommodate the 
chairman of the Subcommittee on Appropriations who will be here, as I 
understand it, momentarily.
  Senator Levin and I have just had the opportunity to talk on the 
telephone with the Secretary of Energy. It had been our intention and 
the Committee on Armed Services is currently scheduled to have a 
hearing at 9:30 tomorrow morning on the problems associated with the 
missing disks at the Los Alamos Laboratories.
  In view of the fact that at least one committee--the Energy 
Committee, and I think to some extent the Intelligence Committee--are 
conducting the hearing on this subject now, and basically the same 
witnesses would be involved, Senator Levin and I are of the opinion 
that time should be given for the Secretary of Energy and/or his staff 
to make certain assessments, and then we would proceed to address these 
issues in our committee.
  I point out that our committee has explicit jurisdiction over these 
problems under the Standing Rules of the Senate. Nevertheless, other 
committees are looking at the situation. Secretary Richardson has 
agreed to appear as a witness before our committee, together with 
General Habinger, Ed Curran, and the Lab Director of Los Alamos. We 
will have that group of witnesses on Wednesday morning beginning at 
9:30.
  Senator Levin and I wish to notify Senators that we are rescheduling 
the hearing for tomorrow morning until 9:30 next Wednesday morning.
  I ask Senator Levin if he wishes to add anything.
  Mr. LEVIN. Mr. President, only that John Brown is the fourth witness 
who will be invited. He is the Director at the Los Alamos Lab.

                          ____________________