[Congressional Record (Bound Edition), Volume 146 (2000), Part 8]
[Senate]
[Pages 11419-11427]
[From the U.S. Government Publishing Office, www.gpo.gov]



   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001--Continued

  The PRESIDING OFFICER. The Senator from Virginia.


               Amendments Nos. 3477 through 3490, En Bloc

  Mr. WARNER. Mr. President, my distinguished colleague, Senator Levin, 
and I are prepared to address a series of amendments which have been 
agreed to on both sides on the authorization bill for the armed 
services of the United States.
  Consequently, I send a series of amendments to the desk which have 
been cleared by myself and the ranking member. Therefore, I ask 
unanimous

[[Page 11420]]

consent that the Senate consider those amendments en bloc, the 
amendments be agreed to, the motions to reconsider be laid upon the 
table, and that any statements relating to any of these amendments be 
printed in the Record.
  Mr. LEVIN. I have no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 3477 through 3490) were agreed to, en bloc, as 
follows:


                           AMENDMENT NO. 3477

(Purpose: To set aside $20,000,000 for the Joint Technology Information 
  Center Initiative; and to offset that amount by reducing the amount 
  provided for cyber attack sensing and warning under the information 
      systems security program (account 0303140G) by $20,000,000)

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

     SEC. 222. JOINT TECHNOLOGY INFORMATION CENTER INITIATIVE.

       Of the amount authorized to be appropriated under section 
     201(4)--
       (1) $20,000,000 shall be available for the Joint Technology 
     Information Center Initiative; and
       (2) the amount provided for cyber attack sensing and 
     warning under the information systems security program 
     (account 0303140G) is reduced by $20,000,000.
                                  ____



                           AMENDMENT NO. 3478

   (Purpose: To authorize the establishment of United States-Russian 
  Federation joint center for the exchange of data from early warning 
           systems and for notification of missile launches)

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

     SEC. 1210. UNITED STATES-RUSSIAN FEDERATION JOINT DATA 
                   EXCHANGE CENTER ON EARLY WARNING SYSTEMS AND 
                   NOTIFICATION OF MISSILE LAUNCHES.

       (a) Authority.--The Secretary of Defense is authorized to 
     establish, in conjunction with the Government of the Russian 
     Federation, a United States-Russian Federation joint center 
     for the exchange of data from early warning systems and for 
     notification of missile launches.
       (b) Specific Actions.--The actions that the Secretary 
     jointly undertakes for the establishment of the center may 
     include the renovation of a mutually agreed upon facility to 
     be made available by the Russian Federation and the provision 
     of such equipment and supplies as may be necessary to 
     commence the operation of the center.
                                  ____



                           AMENDMENT NO. 3479

(Purpose: To provide back pay for persons who, while serving as members 
  of the Navy or the Marine Corps during World War II, were unable to 
accept approved promotions by reason of being interned as prisoners of 
                                  war)

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

     SEC. 656. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS 
                   APPROVED FOR PROMOTION WHILE INTERNED AS 
                   PRISONERS OF WAR DURING WORLD WAR II.

       (a) Entitlement of Former Prisoners of War.--Upon receipt 
     of a claim made in accordance with this section, the 
     Secretary of the Navy shall pay back pay to a claimant who, 
     by reason of being interned as a prisoner of war while 
     serving as a member of the Navy or the Marine Corps during 
     World War II, was not available to accept a promotion for 
     which the claimant was approved.
       (b) Proper Claimant for Deceased Former Member.--In the 
     case of a person described in subsection (a) who is deceased, 
     the back pay for that deceased person under this section 
     shall be paid to a member or members of the family of the 
     deceased person determined appropriate in the same manner as 
     is provided in section 6(c) of the War Claims Act of 1948 (50 
     U.S.C. App. 2005(c)).
       (c) Amount of Back Pay.--The amount of back pay payable to 
     or for a person described in subsection (a) is the amount 
     equal to the excess of--
       (1) the total amount of basic pay that would have been paid 
     to that person for service in the Navy or the Marine Corps if 
     the person had been promoted on the date on which the 
     promotion was approved, over
       (2) the total amount of basic pay that was paid to or for 
     that person for such service on and after that date.
       (d) Time Limitations.--(1) To be eligible for a payment 
     under this section, a claimant must file a claim for such 
     payment with the Secretary of Defense within two years after 
     the effective date of the regulations implementing this 
     section.
       (2) Not later than 18 months after receiving a claim for 
     payment under this section, the Secretary shall determine the 
     eligibility of the claimant for payment of the claim. Subject 
     to subsection (f), if the Secretary determines that the 
     claimant is eligible for the payment, the Secretary shall 
     promptly pay the claim.
       (e) Regulations.--The Secretary of Defense shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include procedures by which persons may submit claims for 
     payment under this section. Such regulations shall be 
     prescribed not later than six months after the date of the 
     enactment of this Act.
       (f) Limitation on Disbursement.--(1) Notwithstanding any 
     power of attorney, assignment of interest, contract, or other 
     agreement, the actual disbursement of a payment under this 
     section may be made only to each person who is eligible for 
     the payment under subsection (a) or (b) and only--
       (A) upon the appearance of that person, in person, at any 
     designated disbursement office in the United States or its 
     territories; or
       (B) at such other location or in such other manner as that 
     person may request in writing.
       (2) In the case of a claim approved for payment but not 
     disbursed as a result of operation of paragraph (1), the 
     Secretary of Defense shall hold the funds in trust for the 
     person in an interest bearing account until such time as the 
     person makes an election under such paragraph.
       (g) Attorney Fees.--Notwithstanding any contract, the 
     representative of a person may not receive, for services 
     rendered in connection with the claim of, or with respect to, 
     a person under this section, more than 10 percent of the 
     amount of a payment made under this section on that claim.
       (h) Outreach.--The Secretary of the Navy shall take such 
     actions as are necessary to ensure that the benefits and 
     eligibility for benefits under this section are widely 
     publicized by means designed to provide actual notice of the 
     availability of the benefits in a timely manner to the 
     maximum number of eligible persons practicable.
       (i) Definition.--In this section, the term ``World War II'' 
     has the meaning given the term in section 101(8) of title 38, 
     United States Code.
                                  ____



                           AMENDMENT NO. 3480

 (Purpose: To provide for full implementation of certain student loan 
 repayment programs as incentives for Federal employee recruitment and 
                               retention)

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

     SEC. 1061. STUDENT LOAN REPAYMENT PROGRAMS.

       (a) Student Loans.--Section 5379(a)(1)(B) of title 5, 
     United States Code, is amended--
       (1) in clause (i), by inserting ``(20 U.S.C. 1071 et 
     seq.)'' before the semicolon;
       (2) in clause (ii), by striking ``part E of title IV of the 
     Higher Education Act of 1965'' and inserting ``part D or E of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a 
     et seq., 1087aa et seq.)''; and
       (3) in clause (iii), by striking ``part C of title VII of 
     Public Health Service Act or under part B of title VIII of 
     such Act'' and inserting ``part A of title VII of the Public 
     Health Service Act (42 U.S.C. 292 et seq.) or under part E of 
     title VIII of such Act (42 U.S.C. 297a et seq.)''.
       (b) Personnel Covered.--
       (1) Ineligible personnel.--Section 5379(a)(2) of title 5, 
     United States Code, is amended to read as follows:
       ``(2) An employee shall be ineligible for benefits under 
     this section if the employee occupies a position that is 
     excepted from the competitive service because of its 
     confidential, policy-determining, policy-making, or policy-
     advocating character.''.
       (2) Personnel recruited or retained.--Section 5379(b)(1) of 
     title 5, United States Code, is amended by striking 
     ``professional, technical, or administrative''.
       (c) Regulations.--
       (1) Proposed regulations.--Not later than 60 days after the 
     date of enactment of this Act, the Director of the Office of 
     Personnel Management (referred to in this section as the 
     ``Director'') shall issue proposed regulations under section 
     5379(g) of title 5, United States Code. The Director shall 
     provide for a period of not less than 60 days for public 
     comment on the regulations.
       (2) Final regulations.--Not later than 240 days after the 
     date of enactment of this Act, the Director shall issue final 
     regulations described in paragraph (1).
       (d) Annual Reports.--Section 5379 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(h)(1) Each head of an agency shall maintain, and 
     annually submit to the Director of the Office of Personnel 
     Management, information with respect to the agency on--
       ``(A) the number of Federal employees selected to receive 
     benefits under this section;
       ``(B) the job classifications for the recipients; and
       ``(C) the cost to the Federal Government of providing the 
     benefits.
       ``(2) The Director of the Office of Personnel Management 
     shall prepare, and annually submit to Congress, a report 
     containing the information submitted under paragraph (1), and 
     information identifying the agencies that have provided the 
     benefits described in paragraph (1).''.
                                  ____



                           amendment no. 3481

 (Purpose: To make available $33,000,000 for the operation of current 
              Tethered Aerostat Radar System (TARS) sites)

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

[[Page 11421]]



     SEC. 313. TETHERED AEROSTAT RADAR SYSTEM (TARS) SITES.

       (a) Findings.--Congress makes the following findings:
       (1) Failure to operate and standardize the current Tethered 
     Aerostat Radar System (TARS) sites along the Southwest border 
     of the United States and the Gulf of Mexico will result in a 
     degradation of the counterdrug capability of the United 
     States.
       (2) Most of the illicit drugs consumed in the United States 
     enter the United States through the Southwest border, the 
     Gulf of Mexico, and Florida.
       (3) The Tethered Aerostat Radar System is a critical 
     component of the counterdrug mission of the United States 
     relating to the detection and apprehension of drug 
     traffickers.
       (4) Preservation of the current Tethered Aerostat Radar 
     System network compels drug traffickers to transport illicit 
     narcotics into the United States by more risky and hazardous 
     routes.
       (b) Availability of Funds.--Of the amount authorized to be 
     appropriated by section 301(20) for Drug Interdiction and 
     Counter-drug Activities, Defense-wide, up to $33,000,000 may 
     be made available to Drug Enforcement Policy Support (DEP&S) 
     for purposes of maintaining operations of the 11 current 
     Tethered Aerostat Radar System (TARS) sites and completing 
     the standardization of such sites located along the Southwest 
     border of the United States and in the States bordering the 
     Gulf of Mexico.
                                  ____



                           amendment no. 3482

      (Purpose: To make available, with an offset, $7,000,000 for 
  procurement, Defense-Wide, for the procurement and installation of 
   integrated bridge systems for naval systems special warfare rigid 
 inflatable boats and high-speed assault craft for special operations 
                                forces)

       On page 32, after line 24, add the following:

     SEC. 142. INTEGRATED BRIDGE SYSTEMS FOR NAVAL SYSTEMS SPECIAL 
                   WARFARE RIGID INFLATABLE BOATS AND HIGH-SPEED 
                   ASSAULT CRAFT.

       (a) Increase in Authorization for Procurement, Defense-
     Wide.--The amount authorized to be appropriated by section 
     104 for procurement, Defense-wide, is hereby increased by 
     $7,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 104, as increased by subsection (a), 
     $7,000,000 shall be available for the procurement and 
     installation of integrated bridge systems for naval systems 
     special warfare rigid inflatable boats and high-speed assault 
     craft for special operations forces.
       (c) Offset.--The amount authorized to be appropriated by 
     section 103(4), for other procurement for the Air Force, is 
     hereby reduced by $7,000,000.
                                  ____



                           amendment no. 3483

   (Purpose: To authorize, with an offset, $5,000,000 for research, 
     development, test, and evaluation Defense-wide for Explosives 
 Demilitarization Technology (PE603104D) for research into ammunition 
                      risk analysis capabilities)

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

     SEC. 222. AMMUNITION RISK ANALYSIS CAPABILITIES.

       (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 
     Explosives Demilitarization Technology (PE603104D) is hereby 
     increased by $5,000,000, with the amount of such increase 
     available for research into ammunition risk analysis 
     capabilities.
       (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 $5,000,000.
                                  ____



                           amendment no. 3484

  (Purpose: To permit members of the National Guard to participate in 
      athletic competitions and to modify authorities relating to 
        participation of such members in small arms competition)

       On page 200, following line 23, add the following:

     SEC. 566. PREPARATION, PARTICIPATION, AND CONDUCT OF ATHLETIC 
                   COMPETITIONS AND SMALL ARMS COMPETITIONS BY THE 
                   NATIONAL GUARD AND MEMBERS OF THE NATIONAL 
                   GUARD.

       (a) Preparation and Participation of Members Generally.--
     Subsection (a) of section 504 of title 32, United States 
     Code, is amended--
       (1) by striking ``or'' at the end of paragraph (2);
       (2) in paragraph (3)--
       (A) by inserting ``prepare for and'' before 
     ``participate''; and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following:
       ``(4) prepare for and participate in qualifying athletic 
     competitions.''.
       (b) Conduct of Competitions.--That section is further 
     amended by adding at the end the following new subsection:
       ``(c)(1) Units of the National Guard may conduct small arms 
     competitions and athletic competitions in conjunction with 
     training required under this chapter if such activities would 
     meet the requirements set forth in paragraphs (1), (3), and 
     (4) of section 508(a) of this title if such activities were 
     services to be provided under that section.
       ``(2) Facilities and equipment of the National Guard, 
     including military property and vehicles described in section 
     508(c) of this title, may be used in connection with 
     activities under paragraph (1).''.
       (c) Availability of Funds.--That section is further amended 
     by adding at the end the following new subsection:
       ``(d) Subject to provisions of appropriations Acts, amounts 
     appropriated for the National Guard may be used in order to 
     cover the costs of activities under subsection (c) and of 
     expenses of members of the National Guard under paragraphs 
     (3) and (4) of subsection (a), including expenses of 
     attendance and participation fees, travel, per diem, 
     clothing, equipment, and related expenses.''.
       (d) Qualifying Athletic Competitions Defined.--That section 
     is further amended by adding at the end the following new 
     subsection:
       ``(e) In this section, the term `qualifying athletic 
     competition' means a competition in athletic events that 
     require skills relevant to military duties or involve aspects 
     of physical fitness that are evaluated by the armed forces in 
     determining whether a member of the National Guard is fit for 
     military duty.''.
       (e) Conforming and Clerical Amendments.--(1) The section 
     heading of such section is amended to read as follows:

     ``Sec. 504. National Guard schools; small arms competitions; 
       athletic competitions''.

       (2) The table of sections at the beginning of chapter 5 of 
     that title is amended by striking the item relating to 
     section 504 and inserting the following new item:

``504. National Guard schools; small arms competitions; athletic 
              competitions.''.
                                  ____



                           amendment no. 3485

     (Purpose: To amend title 5, United States Code to provide for 
          realignment of the Department of Defense workforce)

       On page 436, between lines 2 and 3, insert the following:

     SEC. 1114. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS 
                   IN REDUCTIONS IN FORCE.

       Section 3502(f)(5) of title 5, United States Code, is 
     amended by striking ``September 30, 2001'' and inserting 
     ``September 30, 2005''.

     SEC. 1115. EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES 
                   FOR USE OF VOLUNTARY SEPARATION INCENTIVE PAY 
                   AND VOLUNTARY EARLY RETIREMENT.

       (a) Extension of Authority.--Subsection (e) of section 5597 
     of title 5, United States Code, is amended by striking 
     ``September 30, 2003'' and inserting ``September 30, 2005''.
       (b) Revision and Addition of Purposes for Department of 
     Defense VSIP.--Subsection (b) of such section is amended by 
     inserting after ``transfer of function,'' the following: 
     ``restructuring of the workforce (to meet mission needs, 
     achieve one or more strength reductions, correct skill 
     imbalances, or reduce the number of high-grade, managerial, 
     or supervisory positions in accordance with the strategic 
     plan required under section 1118 of the National Defense 
     Authorization Act for Fiscal Year 2001),''.
       (c) Eligibility.--Subsection (c) of such section is 
     amended--
       (1) in paragraph (2), by inserting ``objective and 
     nonpersonal'' after ``similar''; and
       (2) by adding at the end the following:
     ``A determination of which employees are within the scope of 
     an offer of separation pay shall be made only on the basis of 
     consistent and well-documented application of the relevant 
     criteria.''.
       (d) Installment Payments.--Subsection (d) of such section 
     is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) shall be paid in a lump-sum or in installments;'';
       (2) by striking ``and'' at the end of paragraph (3);
       (3) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(5) if paid in installments, shall cease to be paid upon 
     the recipient's acceptance of employment by the Federal 
     Government, or commencement of work under a personal services 
     contract, as described in subsection (g)(1).''.
       (e) Applicability of Repayment Requirement to Reemployment 
     Under Personal Services Contracts.--Subsection (g)(1) of such 
     section is amended by inserting after ``employment with the 
     Government of the United States'' the following: ``, or who 
     commences work for an agency of the United States through a 
     personal services contract with the United States,''.

     SEC. 1116. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY 
                   RETIREMENT AUTHORITY.

       (a) Civil Service Retirement System.--Section 8336 of title 
     5, United States Code, is amended--
       (1) in subsection (d)(2), by inserting ``except in the case 
     of an employee described in subsection (o)(1),'' after 
     ``(2)''; and

[[Page 11422]]

       (2) by adding at the end the following:
       ``(o)(1) An employee of the Department of Defense who, 
     before October 1, 2005, is separated from the service after 
     completing 25 years of service or after becoming 50 years of 
     age and completing 20 years of service is entitled to an 
     immediate annuity under this subchapter if the employee is 
     eligible for the annuity under paragraph (2) or (3).
       ``(2)(A) An employee referred to in paragraph (1) is 
     eligible for an immediate annuity under this paragraph if the 
     employee--
       ``(i) is separated from the service involuntarily other 
     than for cause; and
       ``(ii) has not declined a reasonable offer of another 
     position in the Department of Defense for which the employee 
     is qualified, which is not lower than 2 grades (or pay 
     levels) below the employee's grade (or pay level), and which 
     is within the employee's commuting area.
       ``(B) For the purposes of paragraph (2)(A)(i), a separation 
     for failure to accept a directed reassignment to a position 
     outside the commuting area of the employee concerned or to 
     accompany a position outside of such area pursuant to a 
     transfer of function may not be considered to be a removal 
     for cause.
       ``(3) An employee referred to in paragraph (1) is eligible 
     for an immediate annuity under this paragraph if the employee 
     satisfies all of the following conditions:
       ``(A) The employee is separated from the service 
     voluntarily during a period in which the organization within 
     the Department of Defense in which the employee is serving is 
     undergoing a major organizational adjustment.
       ``(B) The employee has been employed continuously by the 
     Department of Defense for more than 30 days before the date 
     on which the head of the employee's organization requests the 
     determinations required under subparagraph (A).
       ``(C) The employee is serving under an appointment that is 
     not limited by time.
       ``(D) The employee is not in receipt of a decision notice 
     of involuntary separation for misconduct or unacceptable 
     performance.
       ``(E) The employee is within the scope of an offer of 
     voluntary early retirement, as defined on the basis of one or 
     more of the following objective criteria:
       ``(i) One or more organizational units.
       ``(ii) One or more occupational groups, series, or levels.
       ``(iii) One or more geographical locations.
       ``(iv) Any other similar objective and nonpersonal criteria 
     that the Office of Personnel Management determines 
     appropriate.
       ``(4) Under regulations prescribed by the Office of 
     Personnel Management, the determinations of whether an 
     employee meets--
       ``(A) the requirements of subparagraph (A) of paragraph (3) 
     shall be made by the Office, upon the request of the 
     Secretary of Defense; and
       ``(B) the requirements of subparagraph (E) of such 
     paragraph shall be made by the Secretary of Defense.
       ``(5) A determination of which employees are within the 
     scope of an offer of early retirement shall be made only on 
     the basis of consistent and well-documented application of 
     the relevant criteria.
       ``(6) In this subsection, the term `major organizational 
     adjustment' means any of the following:
       ``(A) A major reorganization.
       ``(B) A major reduction in force.
       ``(C) A major transfer of function.
       ``(D) A workforce restructuring--
       ``(i) to meet mission needs;
       ``(ii) to achieve one or more reductions in strength;
       ``(iii) to correct skill imbalances; or
       ``(iv) to reduce the number of high-grade, managerial, 
     supervisory, or similar positions.''.
       (b) Federal Employees' Retirement System.--Section 8414 of 
     such title is amended--
       (1) in subsection (b)(1)(B), by inserting ``except in the 
     case of an employee described in subsection (d)(1),'' after 
     ``(B)''; and
       (2) by adding at the end the following:
       ``(d)(1) An employee of the Department of Defense who, 
     before October 1, 2005, is separated from the service after 
     completing 25 years of service or after becoming 50 years of 
     age and completing 20 years of service is entitled to an 
     immediate annuity under this subchapter if the employee is 
     eligible for the annuity under paragraph (2) or (3).
       ``(2)(A) An employee referred to in paragraph (1) is 
     eligible for an immediate annuity under this paragraph if the 
     employee--
       ``(i) is separated from the service involuntarily other 
     than for cause; and
       ``(ii) has not declined a reasonable offer of another 
     position in the Department of Defense for which the employee 
     is qualified, which is not lower than 2 grades (or pay 
     levels) below the employee's grade (or pay level), and which 
     is within the employee's commuting area.
       ``(B) For the purposes of paragraph (2)(A)(i), a separation 
     for failure to accept a directed reassignment to a position 
     outside the commuting area of the employee concerned or to 
     accompany a position outside of such area pursuant to a 
     transfer of function may not be considered to be a removal 
     for cause.
       ``(3) An employee referred to in paragraph (1) is eligible 
     for an immediate annuity under this paragraph if the employee 
     satisfies all of the following conditions:
       ``(A) The employee is separated from the service 
     voluntarily during a period in which the organization within 
     the Department of Defense in which the employee is serving is 
     undergoing a major organizational adjustment.
       ``(B) The employee has been employed continuously by the 
     Department of Defense for more than 30 days before the date 
     on which the head of the employee's organization requests the 
     determinations required under subparagraph (A).
       ``(C) The employee is serving under an appointment that is 
     not limited by time.
       ``(D) The employee is not in receipt of a decision notice 
     of involuntary separation for misconduct or unacceptable 
     performance.
       ``(E) The employee is within the scope of an offer of 
     voluntary early retirement, as defined on the basis of one or 
     more of the following objective criteria:
       ``(i) One or more organizational units.
       ``(ii) One or more occupational groups, series, or levels.
       ``(iii) One or more geographical locations.
       ``(iv) Any other similar objective and nonpersonal criteria 
     that the Office of Personnel Management determines 
     appropriate.
       ``(4) Under regulations prescribed by the Office of 
     Personnel Management, the determinations of whether an 
     employee meets--
       ``(A) the requirements of subparagraph (A) of paragraph (3) 
     shall be made by the Office upon the request of the Secretary 
     of Defense; and
       ``(B) the requirements of subparagraph (E) of such 
     paragraph shall be made by the Secretary of Defense.
       ``(5) A determination of which employees are within the 
     scope of an offer of early retirement shall be made only on 
     the basis of consistent and well-documented application of 
     the relevant criteria.
       ``(6) In this subsection, the term `major organizational 
     adjustment' means any of the following:
       ``(A) A major reorganization.
       ``(B) A major reduction in force.
       ``(C) A major transfer of function.
       ``(D) A workforce restructuring--
       ``(i) to meet mission needs;
       ``(ii) to achieve one or more reductions in strength;
       ``(iii) to correct skill imbalances; or
       ``(iv) to reduce the number of high-grade, managerial, 
     supervisory, or similar positions.''.
       (c) Conforming Amendments.--(1) Section 8339(h) of such 
     title is amended by striking out ``or ( j)'' in the first 
     sentence and inserting ``( j), or (o)''.
       (2) Section 8464(a)(1)(A)(i) of such title is amended by 
     striking out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''.
       (d) Effective Date; Applicability.--The amendments made by 
     this section--
       (1) shall take effect on October 1, 2000; and
       (2) shall apply with respect to an approval for voluntary 
     early retirement made on or after that date.

     SEC. 1117. RESTRICTIONS ON PAYMENTS FOR ACADEMIC TRAINING.

       (a) Sources of Postsecondary Education.--Subsection (a) of 
     section 4107 of title 5, United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(3) any course of postsecondary education that is 
     administered or conducted by an institution not accredited by 
     a national or regional accrediting body (except in the case 
     of a course or institution for which standards for 
     accrediting do not exist or are determined by the head of the 
     employee's agency as being inappropriate), regardless of 
     whether the course is provided by means of classroom 
     instruction, electronic instruction, or otherwise.''.
       (b) Waiver of Restriction on Degree Training.--Subsection 
     (b)(1) of such section is amended by striking ``if 
     necessary'' and all that follows through the end and 
     inserting ``if the training provides an opportunity for an 
     employee of the agency to obtain an academic degree pursuant 
     to a planned, systematic, and coordinated program of 
     professional development approved by the head of the 
     agency.''.
       (c) Conforming and Clerical Amendments.--The heading for 
     such section is amended to read as follows:

     ``Sec. 4107. Restrictions''.

       (3) The item relating to such section in the table of 
     sections at the beginning of chapter 41 of title 5, United 
     States Code, is amended to read as follows:

``4107. Restrictions.''.

     SEC. 1118. STRATEGIC PLAN.

       (a) Requirement for Plan.--Not later than six months after 
     the date of the enactment of this Act, and before exercising 
     any of the authorities provided or extended by the amendments 
     made by sections 1115 through 1117, the Secretary of Defense 
     shall submit to the appropriate committees of Congress a 
     strategic plan for the exercise of such authorities. The plan 
     shall include an estimate of the number of Department of 
     Defense employees that would be affected by the uses of 
     authorities as described in the plan.

[[Page 11423]]

       (b) Consistency With DoD Performance and Review Strategic 
     Plan.--The strategic plan submitted under subsection (a) 
     shall be consistent with the strategic plan of the Department 
     of Defense that is in effect under section 306 of title 5, 
     United States Code.
       (c) Appropriate Committees.--For the purposes of this 
     section, the appropriate committees of Congress are as 
     follows:
       (1) The Committee on Armed Services and the Committee on 
     Governmental Affairs of the Senate.
       (2) The Committee on Armed Services and the Committee on 
     Government Reform of the House of Representatives.
                                  ____



                           AMENDMENT NO. 3486

   (Purpose: To provide for a blue ribbon advisory panel to examine 
  Department of Defense policies on the privacy of individual medical 
                                records)

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

     SEC. 743. BLUE RIBBON ADVISORY PANEL ON DEPARTMENT OF DEFENSE 
                   POLICIES REGARDING THE PRIVACY OF INDIVIDUAL 
                   MEDICAL RECORDS.

       (a) Establishment.--(1) There is hereby established an 
     advisory panel to be known as the Blue Ribbon Advisory Panel 
     on Department of Defense Policies Regarding the Privacy of 
     Individual Medical Records (in this section referred to as 
     the ``Panel'').
       (2)(A) The Panel shall be composed of 7 members appointed 
     by the President, of whom--
       (i) at least one shall be a member of a consumer 
     organization;
       (ii) at least one shall be a medical professional;
       (iii) at least one shall have a background in medical 
     ethics; and
       (iv) at least one shall be a member of the Armed Forces.
       (B) The appointments of the members of the Panel shall be 
     made not later than 30 days after the date of the enactment 
     of this Act.
       (3) No later than 30 days after the date on which all 
     members of the Panel have been appointed, the Panel shall 
     hold its first meeting.
       (4) The Panel shall select a Chairman and Vice Chairman 
     from among its members.
       (b) Duties.--(1) The Panel shall conduct a thorough study 
     of all matters relating to the policies and practices of the 
     Department of Defense regarding the privacy of individual 
     medical records.
       (2) Not later than April 30, 2001, the Panel shall submit a 
     report to the President and Congress which shall contain a 
     detailed statement of the findings and conclusions of the 
     Panel, together with its recommendations for such legislation 
     and administrative actions as it considers appropriate to 
     ensure the privacy of individual medical records.
       (c) Powers.--(1) The Panel may hold such hearings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence as the Panel considers advisable to 
     carry out the purposes of this section.
       (2) The Panel may secure directly from the Department of 
     Defense, and any other Federal department or agency, such 
     information as the Panel considers necessary to carry out the 
     provisions of this section. Upon request of the Chairman of 
     the Panel, the Secretary of Defense, or the head of such 
     department or agency, shall furnish such information to the 
     Panel.
       (3) The Panel may use the United States mails in the same 
     manner and under the same conditions as other departments and 
     agencies of the Federal Government.
       (4) The Panel may accept, use, and dispose of gifts or 
     donations of services or property.
       (5) Any Federal Government employee may be detailed to the 
     Panel without reimbursement, and such detail shall be without 
     interruption or loss of civil service status or privilege.
       (d) Termination.--The Panel shall terminate 30 days after 
     the date on which the Panel submits its report under 
     subsection (b)(2).
       (e) Funding.--(1) Of the amounts authorized to be 
     appropriated by this Act, the Secretary shall make available 
     to the Panel such sums as the Panel may require for its 
     activities under this section.
       (2) Any sums made available under paragraph (1) shall 
     remain available, without fiscal year limitation, until 
     expended.
                                  ____



                           AMENDMENT NO. 3487

(Purpose: To expand the authority of the Secretary of Defense to exempt 
geodetic products of the Department of Defense from public disclosure.)

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

     SEC. 914. EXPANSION OF AUTHORITY TO EXEMPT GEODETIC PRODUCTS 
                   OF THE DEPARTMENT OF DEFENSE FROM PUBLIC 
                   DISCLOSURE.

       Section 455(b)(1)(C) of title 10, United States Code, is 
     amended by striking ``or reveal military operational or 
     contingency plans'' and inserting ``, reveal military 
     operational or contingency plans, or reveal, jeopardize, or 
     compromise military or intelligence capabilities''.
                                  ____



                           AMENDMENT NO. 3488

 (Purpose: To make available, with an offset, an additional $2,100,000 
  for the conversion of the configuration of certain AGM-65 Maverick 
                               missiles)

       On page 31, after line 25, add the following:

     SEC. 132. CONVERSION OF AGM-65 MAVERICK MISSILES.

       (a) Increase in Amount.--The amount authorized to be 
     appropriated by section 103(3) for procurement of missiles 
     for the Air Force is hereby increased by $2,100,000.
       (b) Availability of Amount.--(1) Of the amount authorized 
     to be appropriated by section 103(3), as increased by 
     subsection (a), $2,100,000 shall be available for In-Service 
     Missile Modifications for the purpose of the conversion of 
     Maverick missiles in the AGM-65B and AGM-65G configurations 
     to Maverick missiles in the AGM-65H and AGM-65K 
     configurations.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts available under this Act for that purpose.
       (c) Offset.--The amount authorized to be appropriated by 
     section 103(1) for procurement of aircraft for the Air Force 
     is hereby reduced by $2,100,000, with the amount of the 
     reduction applicable to amounts available under that section 
     for ALE-50 Code Decoys.
                                  ____



                           AMENDMENT NO. 3489

    (Purpose: To set aside for the procurement of rapid intravenous 
 infusion pumps $6,000,000 of the amount authorized to be appropriated 
  for the Army for other procurement; and to offset that addition by 
reducing by $6,000,000 the amount authorized to be appropriated for the 
Army for other procurement for the family of medium tactical vehicles.)

       On page 25, between lines 13 and 14, insert the following:

     SEC. 113. RAPID INTRAVENOUS INFUSION PUMPS.

       Of the amount authorized to be appropriated under section 
     101(5)--
       (1) $6,000,000 shall be available for the procurement of 
     rapid intravenous infusion pumps; and
       (2) the amount provided for the family of medium tactical 
     vehicles is hereby reduced by $6,000,000.
                                  ____



                           AMENDMENT NO. 3490

  (Purpose: To set aside funds for the Mounted Urban Combat Training 
   site, Fort Knox, Kentucky, and for overhaul of MK-45 5-inch guns)

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

     SEC. 313. MOUNTED URBAN COMBAT TRAINING SITE, FORT KNOX, 
                   KENTUCKY.

       Of the total amount authorized to be appropriated under 
     section 301(1) for training range upgrades, $4,000,000 is 
     available for the Mounted Urban Combat Training site, Fort 
     Knox, Kentucky.

     SEC. 314. MK-45 OVERHAUL.

       Of the total amount authorized to be appropriated under 
     section 301(1) for maintenance, $12,000,000 is available for 
     overhaul of MK-45 5-inch guns.


                           amendment no. 3485

  Mr. VOINOVICH. Mr. President, on June 6th, Senator DeWine and I 
introduced legislation to help the Department of Defense move ahead 
towards addressing their future workforce needs. Our bill, the 
Department of Defense Civilian Workforce Realignment Act of 2000, gives 
the Department of Defense the necessary flexibility to adequately 
manage its civilian workforce and align its human capital to meet the 
demands of the post-cold war environment.
  The amendment that Senator DeWine and I are offering today adds the 
modified language of our bill to this DOD authorization bill so that 
the U.S. military can more adequately prepare for tomorrow's 
challenges.
  Mr. President, before I speak on the amendment itself, I would like 
to discuss the human capital crisis that is confronting the Federal 
Government. Since July of last year, the Oversight of Government 
Management Subcommittee, which I chair, has held six hearings on 
federal workforce issues. Some of the issues we have examined include 
management reform initiatives, Federal employee training needs and the 
effectiveness of employee incentive programs.
  One point that I have emphasized at each of these hearings is that 
the employees of the Federal Government should be treated as its most 
valued resource. In reality, Mr. President, Federal employees and human 
capital management have been long overlooked.
  In fact, this past March, Comptroller General David Walker testified 
before the Oversight Subcommittee that the government's human capital 
management systems could earn the GAO's ``high-risk'' designation in 
January 2001. While there are several reasons

[[Page 11424]]

why the Federal Government's human capital management is in such 
disarray, there are suggestions that an improper execution of 
government downsizing has played a larger role than has been previously 
recognized.
  Walker stated that ``(GAO's) reviews have found, for example, that a 
lack of adequate strategic and workforce planning during the initial 
rounds of downsizing by some agencies may have affected their ability 
to achieve organizational missions. Some agencies reported that 
downsizing in general led to such negative effects as a loss of 
institutional memory and an increase in work backlogs. Although [GAO] 
found that an agency's planning for downsizing improved as their 
downsizing efforts continued, it is by no means clear that the current 
workforce is adequately balanced to properly execute agencies' missions 
today, nor that adequate plans are in place to ensure the appropriate 
balance in the future.''
  Furthermore, the Comptroller General testified that it appeared that 
many Federal agencies had cut back on training as they were downsizing; 
the very time they should have been expanding their training budgets 
and activities to better ensure that their remaining employees were 
able to effectively do their jobs.
  While the problems associated with the downsizing of the last decade 
are becoming more apparent, the United States is faced with an even 
greater potential threat to the Government's human capital situation in 
this decade--massive numbers of retirements of Federal employees. By 
2004, 32 percent of the Federal workforce will be eligible for regular 
retirement, and an additional 21 percent will be eligible for early 
retirement. That's a potential loss of over 900,000 experienced 
employees.
  Mr. President, any other public- or private-sector manager who faced 
the loss of more than half of his or her workforce would recognize that 
immediate action was necessary to ensure the long-term viability of 
their business or organization. And over the next few years, the United 
States must seriously address this growing human capital crisis in the 
Federal Government workforce. It will not be easy--years of downsizing 
and hiring freezes have taken their toll, as will a pending retirement-
exodus for ``baby boomer'' Federal employees. Add to that the lure of a 
strong private sector economy drawing more young workers away from 
government service, and the Federal Government will only find it harder 
to attract and retain the technology-savvy workforce that will be 
necessary to run the government in the 21st Century.
  To meet this challenge, Senator DeWine and I are offering this 
amendment that will help one critical department of our Federal 
Government--the Department of Defense--get a head start in addressing 
their future workforce needs. As I stated earlier, this amendment gives 
the Department of Defense the latitude it needs to manage its civilian 
workforce as well as re-shape its human capital for the 21st century. 
What the Defense Department is able to accomplish via this amendment 
may serve as a model for use throughout the government.
  During the last decade, the Defense Department underwent a massive 
civilian workforce downsizing program that saw a cut of more than 
280,000 positions. In addition, the Defense Department--like other 
Federal departments--was subject to hiring restrictions. Taken 
together, these two factors have inhibited the development of mid-level 
career, civilian professionals within the DOD.
  The extent of this problem is exhibited in the fact that right now, 
the Department is seriously understaffed in certain key occupations, 
such as computer experts and foreign language specialists. The lack of 
such professionals has the potential to affect the Defense Department's 
ability to respond effectively and rapidly to threats to our national 
security.
  Our amendment will assist the Department in shaping the ``skills 
mix'' of the current workforce in order to address shortfalls brought 
about by years of downsizing, and to meet the need for new skills in 
emerging technological and professional areas. In testimony before the 
Oversight Subcommittee, Comptroller General Walker recognized the need 
for such actions, noting that, ``(I)n cutting back on the hiring of new 
staff in order to reduce the number of their employees, agencies also 
reduced the influx of new people with the new competencies needed to 
sustain excellence.''
  So what will workforce shaping mean to the Department of Defense? In 
the United States Air Force, workforce shaping will allow the Air Force 
research labs to meet changing requirements in their mission. For 
example, at Brooks Air Force Base in San Antonio, they need fewer 
psychologists and more aerospace engineers; at Rome Air Force Base in 
Rome, New York, they need computer scientists rather than operations 
research analysts; and at Wright-Patterson Air Force Based in Dayton, 
Ohio, they need more materials engineers rather than physicists.
  Also, at Wright-Patterson Air Force Base, there is a need to move 
from the mechanical/aeronautical engineering skills that their senior 
engineers possess to skills that are more focused on emerging 
technologies in electrical engineering, such as space operations, 
lasers, optics, advanced materials and directed energy fields. Changing 
the skills requirements at Wright-Patterson will help the Base meet 
their needs for the next 10 to 15 years.
  The U.S. Army Materiel Command determined that employees at two of 
its locations--St. Louis, Missouri and Chambersburg, Pennsylvania--
possessed the wrong computer skills to meet the Army's new information 
technology requirements. Switching from COBAL to a more commercially-
oriented computer language, the Army found that their employee's skills 
did not match the new requirements, nor were their skills readily 
transferable. Subsequently, this mission was contracted to a private 
company. Almost 450 Federal jobs were eliminated with many of those 
scheduled for involuntary separation by reduction in force.
  If Voluntary Separation Incentive Pay (VSIP) had been available for 
reshaping and realignment, the Army may have been able to save some of 
these employees from involuntary separation by using VSIP to increase 
voluntary separations. The use of VSIP also could have allowed for the 
retention of Federal jobs since the Army could have provided separation 
incentives to the COBAL-trained workers and hired new, commercially-
oriented technology workers in their place. Instead, the Army 
contracted with a private company to meet the mission requirement in a 
timely manner, and the existing workforce was involuntarily separated.
  Even so, the most immediate problem facing the Defense Department is 
the need to address its serious demographic challenges. The average 
Defense employee is 45 years old and more than a third of the 
Department's workforce is age 51 or older. In the Department of the Air 
Force, for example, 45 percent of the workforce will be eligible for 
either regular retirement or early retirement by 2005.
  Wright-Patterson Air Force Base is an excellent example of the 
demographic challenge facing many military installations across the 
country. Wright-Patterson is the headquarters of the Air Force Material 
Command, and employs 22,700 civilian federal workers. By 2005, 40 
percent of the workforce will be age 55 or older. Another 19 percent 
will be between 50 and 54 years of age. Thirty-three percent will be in 
their forties. Only six percent will be age 35 to 39, and less than two 
percent will be under the age of 34. According to these numbers, by 
2005, 60 percent of Wright-Patterson's civilian employees will be 
eligible for either early or regular retirement.
  Although a mass exodus of all retirement-eligible employees is not 
anticipated, there is a genuine concern that a significant portion of 
the civilian workforce at Wright-Patterson and elsewhere in the 
Department of Defense, including hundreds of key leaders and employees 
with crucial expertise, could decide to retire, leaving the remaining 
workforce without experienced leadership and absent essential 
institutional knowledge.

[[Page 11425]]

  This combination of factors poses a serious challenge to the long-
term effectiveness of the civilian component of the Defense Department, 
and by implication, the national security of the United States. 
Military base leaders, and indeed the entire Defense establishment, 
need to be given the flexibility to hire new employees so they can 
develop another generation of civilian leaders and employees who will 
be able to provide critical support to our men and women in uniform.
  That is the purpose of our amendment. It addresses the current skills 
and age imbalance in the federal workforce before the increase in 
retirements of senior public employees begins in the next five years. 
If we wait for this ``retirement bubble'' to burst before we start to 
hire new employees, then we will have fewer seasoned individuals left 
in the federal workforce who can provide adequate training and 
mentoring.
  Our amendment will allow the Defense Department to conduct a smoother 
transition by not waiting for these retirements before bringing new 
employees into the Department over the next five years with the skills 
the U.S. needs for the future. As they are hired, the new employees 
will have the opportunity to work with and learn from their more 
experienced colleagues, and invaluable institutional knowledge will be 
passed along.
  As I was drafting this proposal, I wanted to make sure that those who 
would be most impacted by it--Department of Defense civilian 
employees--would have an opportunity to comment on it. I contacted the 
American Federation of Government Employees and asked them to provide 
their opinion of this proposal. After thoroughly reviewing it, AFGE 
informed me that they did have concerns that the Defense Department 
might believe this bill authorized them to hire outside contractors to 
perform work that is currently being done by government employees.
  I want to state--emphatically--that this is not the purpose or intent 
of this amendment. Let me repeat: it is not the intent of this 
amendment, nor should any intent be construed, to allow the Defense 
Department to circumvent their obligations to our civilian workforce. 
The purpose of this amendment is to help the Department ``rightsize and 
revitalize'' its civilian workforce, not reduce the number of federal 
full-time equivalent employees. I encourage management officials at the 
Department of Defense to work closely with the Department's union 
representatives on the implementation of this measure.
  In addition, this amendment allows the early retirement and 
separation pay authorities to be exercised only for workforce 
realignment, or for purposes specified in this amendment, or as they 
exist in current law.
  We are not seeking to establish a program to address problems of 
individual employees' performance. Employee performance problems will 
continue to be handled by managers, who must use the performance 
management system under existing law--a system that gives affected 
employees particular procedural and substantive rights.
  Further, our amendment stipulates that the offer of early retirement 
or separation pay may only be used under a consistent and well-
documented application of relevant, objective non-personal criteria. 
Thus, under the amendment, as in existing law, an individual employee 
may not be ``targeted'' for early retirement or separation pay for the 
purpose of providing benefits to or affecting the removal of that 
employee.
  Mr. President, our amendment would also require that, no later than 
six months after this bill becomes law, the Secretary of Defense shall 
develop a strategic plan for the exercise of the authorities provided 
by this amendment, and that these authorities cannot be exercised until 
that strategic plan has been submitted to Congress. This plan shall be 
consistent with the strategic plan developed by the Department pursuant 
to the Government Performance and Results Act.
  We further expect that the Department's annual Results Act 
performance reports will include an assessment of the effectiveness and 
usefulness of these authorities and how the exercise of these 
authorities in helping the Department achieve its mission, meet its 
performance goals, and fulfill its strategic plan. Senator DeWine and I 
included this section because during the 1990s, many Federal agencies 
downsized their workforces without first determining their human 
resources requirements. The purpose of this section is to make sure 
that the authorities provided by this act are not exercised 
haphazardly, but in the context of the Department's strategic plan and 
future requirements.
  As a fiscal conservative, I believe that the monetary cost of this 
amendment pales in comparison to the costs we will incur if we do not 
begin to address our human capital issue immediately.
  We cannot forget that within five years, hundreds of thousands of 
federal employees will begin to retire. Most of these future retirees 
have decades of expertise and vital institutional knowledge, and once 
they are out of the workforce, so too is their ability to train a new 
generation of federal workers.
  It would be incredibly short-sighted if, in an attempt to save money, 
we simply wait for these hundreds of thousands of defense employees to 
retire before we even start to consider hiring their replacements. If 
we do nothing, I believe we will be left in a position where the 
civilian component of the Defense Department will be subject to an 
``experience gap'' that will take years to overcome and which would be 
measured not in dollars but in diminished national security.
  We must give the Department of Defense the tools it needs to bring in 
new federal employees, with the skills necessary to meet the challenges 
of tomorrow. While this amendment does not address all of the human 
capital needs of the Defense Department, it is an important first step 
and will help ensure that the Department of Defense recruits and 
retains a quality civilian workforce so that our armed forces may 
remain the best in the world. It is extremely important to the future 
vitality of the Department's civilian workforce and the national 
security of the United States that we address the human capital crisis 
while we have the opportunity.
  I urge my colleagues to support this amendment.
  Mr. LIEBERMAN. Mr. President, I rise to discuss provisions (Section 
906) in the FY 2001 National Defense Authorization Act (S. 2549) aimed 
at supporting efforts within the Department of Defense to develop a set 
of operational concepts, sometimes referred to as ``Network Centric 
Warfare,'' that seek to exploit the power of information and US 
superiority in information technologies to maintain dominance and 
improve interoperability on the battlefield. I am very pleased to have 
been joined in the development of these provisions by my able 
colleagues, Senators Roberts and Bingaman. This concept of operations 
generates increased combat power by networking sensors, decision makers 
and shooters to achieve shared situational awareness, increased speed 
of command, higher tempo of synchronized operations, greater lethality, 
increased survivability, and more efficient support operations. In the 
words of Vice Admiral Arthur Cebrowski, the President of the Naval War 
College, ``Network Centric Warfare is an embodiment of the emerging 
theory of warfare for the Information Age.''
  As we strive to transform our military to meet the challenges and 
threats of the new century, it is clear that we must make better use of 
our huge advantages in information technology, sensors, networks, and 
computing to achieve battlefield dominance. Network Centric Warfare 
exploits these advantages not only by identifying, developing, and 
utilizing the best new networking and sensing technologies, but also by 
adjusting our existing doctrine, tactics, training and even 
acquisition, planning, and programming to reflect the network centric 
concepts of operations. A truly networked force can be lighter, faster, 
more precise, more Joint and more

[[Page 11426]]

able to respond to contingencies ranging from peacekeeping to major 
regional conflicts.
  In Joint Vision 2020, the Joint Chiefs of Staff highlight the 
critical role that information and information systems will play in 
future operations, stating:

       * * * the ongoing ``information revolution'' is creating 
     not only a quantitative, but a qualitative change in the 
     information environment that by 2020 will result in profound 
     changes in the conduct of military operations. In fact, 
     advances in information capabilities are proceeding so 
     rapidly that there is a risk of outstripping our ability to 
     capture ideas, formulate operational concepts, and develop 
     the capacity to assess results. While the goal of achieving 
     information superiority will not change, the nature, scope, 
     and ``rules'' of the quest are changing radically.
       Information superiority provides the joint force a 
     competitive advantage only when it is effectively translated 
     into superior knowledge and decisions. The joint force must 
     be able to take advantage of superior information converted 
     to superior knowledge to achieve ``decision superiority''--
     better decisions arrived at and implemented faster than an 
     opponent can react, or in a noncombat situation, at a tempo 
     that allows the force to shape the situation or react to 
     changes and accomplish its mission. Decision superiority does 
     not automatically result from information superiority. 
     Organizational and doctrinal adaptation, relevant training 
     and experience, and the proper command and control mechanisms 
     and tools are equally necessary.

  The legislation in Section 906 of S. 2549 explores many of the facets 
of this Joint vision of a networked force and operations.
  It is clear that there have been chronic difficulties and 
deficiencies in our recent military operations, including Kosovo, 
associated with Service-centric boundaries and segmentation of 
operational areas by Service, which have resulted in a number of 
interoperability failures and inefficiencies. Reports have suggested 
that we continue to have difficulty collecting, processing, and 
disseminating critical information to our battlefields. These 
shortfalls, for example, severely limited our ability to make full use 
of the capabilities of our JSTARS aircraft or to effectively strike 
mobile targets. Earlier in this session, the Armed Services Committee 
received testimony concerning Kosovo operations from Lieutenant General 
Michael Short, the Commander of Allied Air Forces in Southern Europe, 
where he highlighted improvements made within the Air Force to move 
targeting information from intelligence assets (for example, U-2s) to 
some combat aircraft. But he also pointed out the need to expand these 
efforts,

       * * * we need to be able to do that across the fleet, to 
     move information to A-10s and F-16s and F/A-18s and F-14s, 
     everything we have got, * * * to rapidly respond to the 
     emerging situation.

  It is also clear that these problems do not all stem from 
technological deficiencies. In fact, many of the interoperability 
difficulties that we see today result from force and organizational 
structures, doctrine, and tactics that have not kept pace with 
technological change. Admiral James Ellis, the Commander-in-Chief of 
Allied Forces in Southern Europe, highlighted these problems for the 
Committee, stating about the Kosovo operation,

       There are clearly opportunities for us to, through 
     firewalls and the like, to pass data, * * * that we were not 
     able to during this effort that require attention as well, so 
     that at a staff level as well as at a planning and execution 
     level we have the ability to communicate as freely as we need 
     to in order to ensure that we've got the security and the 
     capability that the alliance is capable of delivering.

  The networking of our military assets and the training of our 
personnel and transformation of our forces to adapt to an information-
centric environment will be critical for future military operations. 
Theater Missile Defense is an excellent example of the need for this 
type of network centric approach. Given the global proliferation of 
missile technology and weapons of mass destruction, we are moving 
toward a robust missile defense capability to protect our warfighters 
deployed overseas. The Theater Missile Defense mission depends on the 
seamless linking of multiple Joint assets and on the timely passing of 
critical information between sensors and shooters. Earlier this year, 
Lieutenant General Ron Kadish testified that we have got ``some long 
work ahead'' to make our various Theater Missile Defense efforts 
interoperable. We must all work to ensure that we develop the space-
based and airborne sensing systems, interoperable networking and 
communications systems, and Joint operations and organizations needed 
to perform this vital mission.
  After extensive discussions with a variety of Agency and Service 
officials, I believe that although there are many innovative efforts 
underway throughout the Department to develop network centric 
technologies and systems, as well as to establish mechanisms to 
integrate information systems, sensors, weapon systems and decision 
makers, these efforts are too often underfunded, low-priority, and not 
coordinated across Services. In many cases, they will unfortunately 
continue the legacy of interoperability problems that we all know exist 
today. To paraphrase one senior Air Force officer, we are not making 
the necessary fundamental changes--we are still nibbling at the edges.
  The legislation incorporated into the Defense bill calls for DoD to 
provide three reports to Congress detailing efforts in moving towards 
Network Centric forces and operations.
  Section 906(b) calls for a report focusing on the broad development 
and implementation of Network Centric Warfare concepts in the 
Department of Defense. The Secretary of Defense and the Chairman of the 
Joint Chiefs of Staff are asked to report on their current and planned 
efforts to coordinate all DoD activities in Network Centric Warfare to 
show how they are moving toward a truly Joint, networked force. The 
report calls for the development of a set of metrics as discussed in 
Section 906(b)(2)(C) to be used to monitor our progress towards a 
Joint, network centric force and the attainment of fully integrated 
Joint command and control capabilities, both in technology and 
organizational structure. These metrics will then be used in more 
detailed case studies described in Section 906(b)(2)(E)--focusing on 
Service interoperability and fratricide reduction.
  The legislation also requires the Department to report on how it is 
moving towards Joint Requirements and Acquisition policies and 
increasing Joint authority in this area to ensure that future forces 
will be truly seamless, interoperable, and network-centric, as 
described in Sections 906(b)(2) (F) through (I). Many view these Joint 
activities as being critically necessary to achieving networked systems 
and operations. Unless we move away from a system designed to protect 
individual Service interests and procurement programs, we will always 
be faced with solving interoperability problems between systems. For 
example, strengthening the Joint oversight of the requirements for and 
acquisition of all systems directly involved in Joint Task Forces 
interoperability would provide a sounder method for acquiring these 
systems. We need to move away from a Cold War based, platform-centric 
acquisition system that is slow, cumbersome, and Service-centric. As 
part of this review, we ask DoD to examine the speed at which it can 
acquire new technologies and whether the personnel making key decisions 
on information systems procurement are technically trained or at least 
supported by the finest technical talent available. We also need to 
ensure that Service acquisition systems are responsive to the 
establishment of Joint interoperability standards in networking, 
computing, and communications, as well as best commercial practices.
  In the operations support area, DoD can follow the example of the 
private sector--which has embraced network centric operations to 
improve efficiency in an increasingly competitive environment. 
Companies as different as IBM and WalMart are both moving to streamline 
and unify their networks and to make their distribution, inventory 
control and personnel management systems more modern and information-
centric. Successful firms are not only buying the newest technology, 
they are also changing their operations and business plans to deal with 
the new

[[Page 11427]]

networked environments. Section 906(b)(2)(J) calls for the Department 
to study private sector efforts in these areas and evaluate their past 
successes and failures as they can inform future DoD activities.
  Section 906(c) describes the second report, which examines the use of 
the Joint Experimentation Program in developing Network Centric Warfare 
concepts. Network Centric Warfare is inherently Joint, and the 
Commander in Chief of Joint Forces Command is in the best position to 
develop new operational concepts and test the new technologies that 
support it. The report calls for a description of how the Joint 
Experimentation Program and the results of its activities are to be 
used to develop new Joint Requirements, Doctrine, and Acquisition 
programs to support network centric operations. It also requires the 
development and description of a plan to use the Joint Experimentation 
program to identify impediments to the development of a joint 
information network, including the linking of Service intranets, as 
well as redesigning force structures to leverage new network centric 
operational concepts.
  The final report, described in Section 906(d), focuses on the 
coordination of Service and Agency Science and Technology investments 
in the development of future Joint Network Centric Warfare 
capabilities. In moving towards a more Joint, networked force we must 
continue to ensure that we provide our nation's warfighters with the 
best technologies. We must increase our investments in areas such as 
sensors, networking protocols, human-machine interfaces, training, and 
other technologies outlined in Section 906(d)(2)(A), especially in the 
face of declining S&T budgets. The report requires the Undersecretary 
of Defense for Acquisition, Technology, and Logistics to explain how 
S&T investments supporting network centric operations will be 
coordinated across the Agencies and Services to eliminate redundancy 
and better address critical warfighter, technology, and R&D needs. This 
is more important than ever as we develop our next generation of weapon 
systems--better coordination and establishment of common standards in 
the technology development stages can only help to alleviate future 
interoperability problems.
  The Undersecretary's planning and evaluation of investments in S&T 
for a network centric force must also address the role of the operator 
in a network centric system. We must pay more attention to the training 
of our combat and support personnel so that they can make the best use 
of information technologies, as well as investing more in research on 
learning and cognitive processes so that our training systems and 
human-machine interfaces are optimized.
  The investments recommended in the report should also accommodate the 
incredible pace of change in information technologies that is currently 
driven by the commercial sector. To address this, Section 906(d)(2)(B) 
calls for an analysis of how commercially driven revolutions in 
information technology are modifying the DoD's investment strategy and 
incorporation of dual-use technologies.
  I believe this legislation will help focus the Pentagon and Congress' 
attention on the need to move our military into a more information 
savvy and networked force. I hope that these three key reports set 
forth the needed organizational, policy, and legislative changes 
necessary to achieve this transformation for decision makers in the 
military, Administration, and in Congress. I believe that our future 
military operations must be network centric to preserve our 
technological and operational superiority. I look forward to receiving 
plans and proposals to help get us there efficiently and effectively.
  Mr. DeWINE. Mr. President, earlier today, I voted to table Senator 
Murray's amendment to the FY2001 Department of Defense authorization 
bill. This amendment, which was successfully tabled, would have allowed 
for the performance of abortion services on our military bases. It is 
clear to me, Mr. President, that this amendment would have violated the 
spirit of the Hyde law, which prohibits Government-funded abortions.
  Proponents of the amendment attempted to get around this prohibition 
by requiring that women receiving abortions on military installations 
pay for their own abortions. But, Mr. President, this simply does not 
eliminate government involvement in the delivery of abortion services. 
Military doctors would have to perform the abortions voluntarily, or 
our Armed Forces would have to contract with private doctors to perform 
the abortions.
  Mr. President, we cannot turn our military bases into abortion 
clinics. Clearly, the federal government is prohibited from the 
provision of abortions, and should not be in the business of 
facilitating any abortion services on our military bases. Our federal 
government has no role to play in providing abortion services. It is 
that simple.
  Mr. WARNER. Mr. President, if I may inquire, as I understand it, 
today the Senate will not further consider the armed services bill; is 
that correct?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. WARNER. I thank the Chair, and I yield the floor.

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