[Congressional Record (Bound Edition), Volume 147 (2001), Part 12]
[Senate]
[Pages 17794-17809]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 1617. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 2841, relating to the development of the 
     United States Army Heritage and Education Center at Carlisle 
     Barracks, Pennsylvania, and insert the following:

     SEC. 2841. DEVELOPMENT OF UNITED STATES ARMY HERITAGE AND 
                   EDUCATION CENTER AT CARLISLE BARRACKS, 
                   PENNSYLVANIA.

       (a) Authority To Enter into Agreement.--(1) The Secretary 
     of the Army may enter into an agreement with the Military 
     Heritage Foundation, a not-for-profit organization, for the 
     design, construction, and operation of a facility for the 
     United States Army Heritage and Education Center at Carlisle 
     Barracks, Pennsylvania.
       (2) The facility referred to in paragraph (1) is to be used 
     for curation and storage of artifacts, research facilities, 
     classrooms, and offices, and for education and other 
     activities, agreed to by the Secretary, relating to the 
     heritage of the Army. The facility may also be used to 
     support such education and training as the Secretary 
     considers appropriate.
       (b) Design and Construction.--The Secretary may, at the 
     election of the Secretary--
       (1) accept funds from the Military Heritage Foundation for 
     the design and construction of the facility referred to in 
     subsection (a); or
       (2) permit the Military Heritage Foundation to contract for 
     the design and construction of the facility.
       (c) Acceptance of Facility.--(1) Upon satisfactory 
     completion, as determined by the Secretary, of the facility 
     referred to in subsection (a), and upon the satisfaction of 
     any and all financial obligations incident thereto by the 
     Military Heritage Foundation, the Secretary shall accept the 
     facility from the Military Heritage Foundation, and all 
     right, title, and interest in and to the facility shall vest 
     in the United States.
       (2) Upon becoming property of the United States, the 
     facility shall be under the jurisdiction of the Secretary.
       (d) Use of Certain Gifts.--(1) Under regulations prescribed 
     by the Secretary, the Commandant of the Army War College may, 
     without regard to section 2601 of title 10, United States 
     Code, accept, hold, administer, invest, and spend any gift, 
     devise, or bequest of personnel property of a value of 
     $250,000 or less made to the United States if such gift, 
     devise, or bequest is for the benefit of the United States 
     Army Heritage and Education Center.
       (2) The Secretary may pay or authorize the payment of any 
     reasonable and necessary expense in connection with the 
     conveyance or transfer of a gift, devise, or bequest under 
     this subsection.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the agreement authorized to be entered into by 
     subsection (a) as the Secretary considers appropriate to 
     protect the interest of the United States.
                                  ____

  SA 1618. Mr. TORRICELLI (for himself, Mr. Carper, and Mr. Corzine) 
submitted an amendment intended to be proposed by him to the bill S. 
1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 142. LIMITATIONS ON PROCUREMENT OF AMMUNITION AND 
                   AMMUNITION PROPELLANT

       (a) Procurement Through Manufacturers in National 
     Technology and Industrial Base.--Subsection (a) of section 
     2534 of title 10, United States Code, is amended by adding at 
     the end of the following new paragraph:
       ``(6) Ammunition and ammunition propellant.--Subject to 
     subsection (j)(5), conventional ammunition and ammunition 
     propellant used therein.''.
       (b) Additional Requirements for Procurement.--Such section 
     is further amended by adding at the end the following new 
     subsection:

[[Page 17795]]

       ``(j) Additional Requirements for Procurement of Ammunition 
     and Ammunition Propellant.--(1) In addition to the 
     requirement under subsection (a)(6) and subject to paragraph 
     (5), the Secretary of Defense shall procure ammunition or 
     ammunition propellant only from manufacturers, whether 
     privately owned or governmentally-owned, meeting the 
     requirements of paragraph (2).
       ``(2) A manufacturer of ammunition or ammunition propellant 
     meets the requirements of this paragraph if the manufacturer 
     warrants that any subcontractor which furnishes smokeless 
     nitrocellulose to the manufacturer--
       ``(A) is a part of the national technology and industrial 
     base; and
       ``(B) was selected to furnish smokeless nitrocellulose 
     through a competition meeting the requirements of paragraph 
     (3).
       ``(3) The competition of a manufacturer for the furnishing 
     of smokeless nitrocellulose under paragraph (2)(B) shall--
       ``(A) be open to all other manufacturers of smokeless 
     nitrocellulose in the national technology and industrial base 
     that manufacture the type of smokeless nitrocellulose that is 
     technically appropriate for use in the product to be made by 
     the manufacturer; and
       ``(B) provide that the winner of the competition may not 
     furnish to the manufacturer an amount of smokeless 
     nitrocellulose in excess of 1.5 times the aggregate amount of 
     smokeless nitrocellulose to be furnished to the manufacturer 
     by all other participants in the competition.
       ``(4) This subsection sets forth procurement procedures 
     expressly authorized by statute within the meaning of section 
     2304(a)(1) of this title.
       ``(5) The Secretary may waive any requirement under this 
     subsection, with respect to the procurement of ammunition or 
     ammunition propellant if the Secretary determines that the 
     waiver of such requirement is in the national security 
     interests of the United States.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2001, and shall apply with 
     respect to the procurement of ammunition and ammunition 
     propellant by the Secretary of Defense on or after that date.
                                  ____

  SA 1619. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 23, line 12, increase the amount by $1,000,000.
       On page 23, line 11, reduce the amount by $1,000,000.
                                  ____

  SA 1620. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 335. ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES.

       (a) Continuation of Department of Defense Program for 
     Fiscal Year 2002.--Of the amount authorized to be 
     appropriated by section 301(5) for operation and maintenance 
     for Defense-wide activities--
       (1) $30,000,000 shall be available only for the purpose of 
     providing educational agencies assistance to local 
     educational agencies; and
       (2) $1,000,000 shall be available only for the purpose of 
     making payments to local educational agencies to assist such 
     agencies in adjusting to reductions in the number of military 
     dependent students as a result of the closure or realignment 
     of military installations, as provided in section 386(d) of 
     the National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 20 U.S.C. 7703 note).
       (b) Notification.--Not later than June 30, 2002, the 
     Secretary of Defense shall notify each local educational 
     agency that is eligible for assistance or a payment under 
     subsection (a) for fiscal year 2002 of--
       (1) that agency's eligibility for the assistance or 
     payment; and
       (2) the amount of the assistance or payment for which that 
     agency is eligible.
                                  ____

  SA 1621. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1066. SENSE OF SENATE ON MOBILIZATION OF NATIONAL GUARD 
                   AND RESERVES TO ENHANCE GROUND-BASED SECURITY 
                   AT AIRPORTS.

       It is the sense of the Senate that, in light of the 
     terrorist attacks of September 11, 2001, the President, in 
     consultation with the Secretary of Defense, the Secretary of 
     Transportation, and the chief executive officers of the 
     States, should consider mobilizing appropriate elements of 
     the National Guard and Reserves in order to enhance ground-
     based security at airports for a period of not less than 120 
     days or until alternative means of providing adequate ground-
     based security at airports are in place.
                                  ____

  SA 1622. Mr. BUNNING (for himself, Mr. Lott, Mr. Domenici, Mr. 
Bingaman, Mr. Craig, Mr. Burns, Mr. Hutchinson, Ms. Collins, Mr. 
Inhofe, Mr. Smith of New Hampshire, Ms. Snowe, Mr. Baucus, Mr. Cochran, 
Mr. Conrad, Mrs. Hutchison, Mr. Stevens, Mrs. Clinton, and Mr. Dorgan) 
proposed an amendment to the bill S. 1438, to authorize appropriations 
for fiscal year 2002 for military activities of the Department of 
Defense, for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       Strike title XXIX, relating to defense base closure and 
     realignment.
                                  ____

  SA 1623. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 553, between lines 12 and 13, insert the following:

     SEC. 3159. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF 
                   DEPARTMENT OF ENERGY FACILITIES TO TERRORIST 
                   ATTACK.

       (a) In General.--Part C of title VI of the Department of 
     Energy Organization Act (42 U.S.C. 7251 et seq.) is amended 
     by adding at the end the following new section:


   ``annual assessment and report on vulnerability of facilities to 
                            terrorist attack

       ``Sec. 663. (a) The Secretary shall, on an annual basis, 
     conduct a comprehensive assessment of the vulnerability of 
     Department facilities to terrorist attack.
       ``(b) Not later than January 31 each year, the Secretary 
     shall submit to Congress a report on the assessment conducted 
     under subsection (a) during the preceding year. Each report 
     shall include the results of the assessment covered by such 
     report, together with such findings and recommendations as 
     the Secretary considers appropriate.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of that Act is amended by inserting after the item 
     relating to section 662 the following new item:

``Sec. 663. Annual assessment and report on vulnerability of facilities 
              to terrorist attack.''.
  SA 1624. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. __. CLARIFICATION OF CALCULATION OF ANNUAL INFLATION 
                   ADJUSTMENT FOR ECONOMIC ASSISTANCE PAYMENTS FOR 
                   THE WASTE ISOLATION PILOT PLANT.

       Section 15(c) of the Waste Isolation Pilot Plant Land 
     Withdrawal Act (Public Law 102-579; 106 Stat. 4791) is 
     amended--
       (1) in paragraph (1)--
       (A) in the matter before subparagraph (A), by inserting 
     after ``such subsection'' the following: ``, as adjusted from 
     time to time under this subsection,''; and
       (B) in subparagraph (B), by inserting after ``decrease'' 
     the following: ``for such fiscal year''; and
       (2) in paragraph (2), by striking ``the fiscal year prior 
     to the first fiscal year to which subsection (a) applies'' 
     and inserting ``the fiscal year preceding such preceding 
     fiscal year''.
                                  ____

  SA 1625. Mr. KERRY submitted an amendment intended to be proposed by

[[Page 17796]]

him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. SMALL BUSINESS PROCUREMENT COMPETITION.

       (a) Definition of Covered Contracts.--Section 15(e)(4) of 
     the Small Business Act (15 U.S.C. 644(e)(4)) is amended--
       (1) by inserting after ``bundled contract'' the following: 
     ``, the aggregate dollar value of which is anticipated to be 
     less than $5,000,000, or any contract, whether or not the 
     contract is a bundled contract, the aggregate dollar value of 
     which is anticipated to be $5,000,000 or more'';
       (2) by striking ``In the'' and inserting the following:
       ``(A) In general.--In the''; and
       (3) by adding at the end the following:
       ``(B) Contracting goals.--
       ``(i) In general.--A contract award under this paragraph to 
     a team that is comprised entirely of small business concerns 
     shall be counted toward the small business contracting goals 
     of the contracting agency, as required by this Act.
       ``(ii) Preponderance test.--The ownership of the small 
     business that conducts the preponderance of the work in a 
     contract awarded to a team described in clause (i) shall 
     determine the category or type of award for purposes of 
     meeting the contracting goals of the contracting agency.''.
       (b) Proportionate Work Requirements for Bundled 
     Contracts.--
       (1) Section 8.--Section 8(a)(14)(A) of the Small Business 
     Act (15 U.S.C. 637(a)(14)(A)) is amended--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) notwithstanding clauses (i) and (ii), in the case 
     of a bundled contract--
       ``(I) the concern will perform work for at least 33 percent 
     of the aggregate dollar value of the anticipated award;
       ``(II) no other concern will perform a greater proportion 
     of the work on that contract; and
       ``(III) no other concern that is not a small business 
     concern will perform work on the contract.''.
       (2) Qualified hubzone small business concerns.--Section 
     3(p)(5)(A)(i)(III) of the Small Business Act (15 U.S.C. 
     632(p)(5)(A)(i)(III)) is amended--
       (A) in item (bb), by striking ``and'' at the end;
       (B) by redesignating item (cc) as item (dd); and
       (C) by inserting after item (bb) the following:
       ``(cc) notwithstanding items (aa) and (bb), in the case of 
     a bundled contract, the concern will perform work for at 
     least 33 percent of the aggregate dollar value of the 
     anticipated award, no other concern will perform a greater 
     proportion of the work on that contract, and no other concern 
     that is not a small business concern will perform work on the 
     contract; and''.
       (3) Section 15.--Section 15(o)(1) of the Small Business Act 
     (15 U.S.C. 644(o)(1)) is amended--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) notwithstanding subparagraphs (A) and (B), in the 
     case of a bundled contract--
       ``(i) the concern will perform work for at least 33 percent 
     of the aggregate dollar value of the anticipated award;
       ``(ii) no other concern will perform a greater proportion 
     of the work on that contract; and
       ``(iii) no other concern that is not a small business 
     concern will perform work on the contract.''.
       (c) Small Business Procurement Competition Pilot Program.--
       (1) Definitions.--In this subsection--
       (A) the term ``Administrator'' means the Administrator of 
     the Small Business Administration;
       (B) the term ``Federal agency'' has the same meaning as in 
     section 3 of the Small Business Act (15 U.S.C. 632);
       (C) the term ``Program'' means the Small Business 
     Procurement Competition Program established under paragraph 
     (2);
       (D) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632); and
       (E) the term ``small business-only joint ventures'' means a 
     team described in section 15(e)(4) of the Small Business Act 
     (15 U.S.C. 644(e)(4)) comprised of only small business 
     concerns.
       (2) Establishment of program.--The Administrator shall 
     establish in the Small Business Administration a pilot 
     program to be known as the ``Small Business Procurement 
     Competition Program''.
       (3) Purposes of program.--The purposes of the Program are--
       (A) to encourage small business-only joint ventures to 
     compete for contract awards to fulfill the procurement needs 
     of Federal agencies;
       (B) to facilitate the formation of joint ventures for 
     procurement purposes among small business concerns;
       (C) to engage in outreach to small business-only joint 
     ventures for Federal agency procurement purposes; and
       (D) to engage in outreach to the Director of the Office of 
     Small and Disadvantaged Business Utilization and the 
     procurement officer within each Federal agency.
       (4) Outreach.--Under the Program, the Administrator shall 
     establish procedures to conduct outreach to small business 
     concerns interested in forming small business-only joint 
     ventures for the purpose of fulfilling procurement needs of 
     Federal agencies, subject to the rules of the Administrator, 
     in consultation with the heads of those Federal agencies.
       (5) Regulatory authority.--The Administrator shall 
     promulgate such regulations as may be necessary to carry out 
     this subsection.
       (6) Small business administration database.--The 
     Administrator shall establish and maintain a permanent 
     database that identifies small business concerns interested 
     in forming small business-only joint ventures, and shall make 
     the database available to each Federal agency and to small 
     business concerns in electronic form to facilitate the 
     formation of small business-only joint ventures.
       (7) Termination of program.--The Program (other than the 
     database established under paragraph (6)) shall terminate 3 
     years after the date of enactment of this Act.
       (8) Report to congress.--Not later than 60 days before the 
     date of termination of the Program, the Administrator shall 
     submit a report to Congress on the results of the Program, 
     together with any recommendations for improvements to the 
     Program and its potential for use Governmentwide.
       (9) Relationship to other laws.--Nothing in this subsection 
     waives or modifies the applicability of any other provision 
     of law to procurements of any Federal agency in which small 
     business-only joint ventures may participate under the 
     Program.
                                  ____

  SA 1626. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 142. PROCUREMENT OF ADDITIONAL M291 SKIN DECONTAMINATION 
                   KITS.

       (a) Increase in Authorization of Appropriations for 
     Defense-Wide Procurement.--The amount authorized to be 
     appropriated by section 104 for Defense-wide procurement is 
     hereby increased by $2,400,000, with the amount of the 
     increase available for the Navy for procurement of M291 skin 
     decontamination kits.
       (b) Availability.--The amount available under subsection 
     (a) for procurement of M291 skin decontamination kits is in 
     addition to any other amounts availabe under this Act for 
     procurement of M291 skin decontamination kits.
                                  ____

  SA 1627. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 306. IMPROVEMENTS IN INSTRUMENTATION AND TARGETS AT ARMY 
                   LIVE FIRE TRAINING RANGES.

       (a) Increase in Authorization of Appropriations for 
     Operation and Maintenance, Army.--The amount authorized to be 
     appropriated by section 301(1) for the Army for operation and 
     maintenance is hereby increased by $11,900,000 for 
     improvements in instrumentation and targets at Army live fire 
     training ranges.
       (b) Offset.--The amount authorized to be appropriated by 
     section 302(1) for the Department of Defense for the Defense 
     Working Capital Funds is hereby decreased by $11,900,000, 
     with the amount of the decrease to be allocated to amounts 
     available under that section for fuel purchases.
                                  ____

  SA 1628. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions,

[[Page 17797]]

and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces. and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in the bill, insert the following 
     new section.
       Sec.   . Plan.--The Secretary of the Navy shall, not later 
     than February 1, 2002, submit to Congress a plan to ensure 
     that the embarkation of selected civilian guests does not 
     interfere with the operational readiness and safe operation 
     of Navy vessels. The plan shall include, at a minimum:
       Procedures to ensure that guest embarkations are conducted 
     only within the framework of regularly scheduled operations 
     and that underway operations are not conducted solely to 
     accommodate non-official civilian guests,
       Guidelines for the maximum number of guests that can be 
     embarked on the various classes of Navy vessels,
       Guidelines and procedures for supervising civilians 
     operating or controlling any equipment on Navy vessels,
       Guidelines to ensure that proper standard operating 
     procedures are not hindered by activities related to hosting 
     civilians,
       Any other guidelines or procedures the Secretary shall 
     consider necessary or appropriate.
       Definition. For the purposes of this section, civilian 
     guests are defined as civilians invited to embark on Navy 
     ships solely for the purpose of furthering public awareness 
     of the Navy and its mission. It does not include civilians 
     conducting official business.
                                  ____

  SA 1629. Mr. BOND (for himself and Mr. Kerry) submitted an amendment 
intended to be proposed by him to the bill S. 1438, to authorize 
appropriations for fiscal year 2002 for military activities of the 
Department of Defense, for military constructions, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 270, line 9, strike ``(A)'' and all that follows 
     through ``(4)'' on line 25.
       On page 271, between lines 8 and 9, insert the following:
       (c) Evaluation of Bundling Effects.--Section 15(h)(2) of 
     the Small Business Act (15 U.S.C. 644(h)(2)) is amended--
       (1) in subparagraph (C), by inserting ``, and whether 
     contract bundling played a role in the failure,'' after 
     ``agency goals''; and
       (2) by adding at the end the following:
       ``(G) The number and dollar value of any bundled contracts 
     awarded to small business concerns, and the number and dollar 
     value of any bundled contracts awarded to concerns that are 
     not small business concerns.''.
       (d) Reporting Requirement.--Section 15(p) of the Small 
     Business Act (15 U.S.C. 644(p)) is amended to read as 
     follows:
       ``(p) Reporting Requirement.--
       ``(1) In general.--The Administrator shall conduct a study 
     examining the best means to determine the accuracy of the 
     market research required under subsection (e)(2) for each 
     bundled contract, to determine if the anticipated benefits 
     were realized, or if they were not realized, the reasons 
     there for.
       ``(2) Provision of information.--The head of each 
     contracting agency shall provide, upon request of the 
     Administrator--
       ``(A) all market research required under subsection (e)(2); 
     and
       ``(B) any recommendations for the study required by 
     paragraph (1) of this subsection.
       ``(3) Report.--Not later than 180 days after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2002, the Administrator shall submit a report to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives on the results of the study conducted under 
     this subsection.''.
       On page 290, between lines 3 and 4, insert the following:

     SEC. 824. HUBZONE SMALL BUSINESS CONCERNS.

       Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) 
     is amended--
       (1) by redesignating paragraphs (4) through (7) as 
     paragraphs (5) through (8), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Rule of construction relating to citizenship.--
       ``(A) In general.--A small business concern described in 
     subparagraph (B) meets the United States citizenship 
     requirement of paragraph (3)(A) if, at the time of 
     application by the concern to become a qualified HUBZone 
     small business concern for purposes of any contract and at 
     such times as the Administrator shall require, no non-citizen 
     has filed a disclosure under section 13(d)(1) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78m(d)(1)) as the 
     beneficial owner of more than 10 percent of the outstanding 
     shares of that small business concern.
       ``(B) Concerns described.--A small business concern is 
     described in this subparagraph if the small business 
     concern--
       ``(i) has a class of securities registered under section 12 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78l); and
       ``(ii) files reports with the Securities and Exchange 
     Commission as a small business issuer.''.
       ``(C) Non-citizens.--In this paragraph, the term `non-
     citizen' means:
       ``(i) an individual that is not a United States citizen; 
     and
       ``(ii) any other person that is not organized under the 
     laws of any State or the United States.''.
                                  ____

  SA 1630. Mr. STEVENS (for himself and Mr. Inouye) submitted an 
amendment intended to be proposed by him to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table, as follows:

       On page 50, line 16, strike ``$190,255,000'' and insert 
     ``$230,255,000''.
                                  ____

  SA 1631. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table, 
as follows:

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

     SEC. 1217. REPEAL OF RESTRICTION ON ASSISTANCE TO AZERBAIJAN.

       Section 907 of the FREEDOM Support Act (Public Law 102-511; 
     22 U.S.C. 5812 note) is repealed.
                                  ____

  SA 1632. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table, 
as follows:

       On page 23, line 12, increase the amount by $1,000,000.
       On page 23, line 11, reduce the amount or $1,000,000.
                                  ____

  SA 1633. Mr. HAGEL submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table, 
as follows:

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

     SEC. 335. DEPARTMENT OF DEFENSE MOST EFFICIENT ORGANIZATION 
                   BID-TO-GOAL AND BEST-VALUE PURCHASING PILOT 
                   PROGRAM.

       (a) Requirement for Program.--The Secretary of Defense 
     shall carry out a pilot program to demonstrate an alternative 
     to the Office of Management Budget Circular A-76 approach for 
     achieving cost-effective performance of Department of Defense 
     commercial activities.
       (b) Eligible Activities.--(1) The Secretary shall provide 
     under the pilot program for each of not more than five 
     continuing or recurring commercial activities of the 
     Department of Defense to be performed by an organization of 
     the department that is to be configured as the most efficient 
     organization for the performance of that activity.
       (2) A commercial activity may be covered by the pilot 
     program if, at the time that the activity is designated for 
     performance under the pilot program--
       (A) the commercial activity is an activity of a defense 
     agency or a military department that is being performed by 
     employees of the United States numbering not less than 150 
     employees and not more than 750 full-time employees or the 
     equivalent number of full-time and part-time employees; and
       (B) the head of the agency concerned has not issued to the 
     public (in either draft or final form) a request for 
     proposals for a contract for the performance of the activity 
     by a commercial source as an action initiated under Office of 
     Management and Budget Circular A-76 to determine whether to 
     convert the activity to contractor performance.
       (c) Projects.--The Secretary shall consider whether to 
     carry out the pilot program in several projects, as follows:
       ``(1) One project that involves a group of 600 to 750 
     employees.
       ``(2) Four projects, each of which involves 150 to 599 
     employees.

[[Page 17798]]

       ``(3) At least one project undertaken within the Defense 
     Logistics Agency, Defense Finance and Accounting Service, or 
     any other defense agency not performing base operations.
       (d) Performance-Based Charter.--(1) The performance of a 
     commercial activity under the pilot program shall be covered 
     by a performance-based memorandum of understanding that is 
     entered into by the head of the agency concerned and the 
     subordinate of that official who is the head of the 
     organization designated to perform the activity.
       (2) The head of the agency concerned shall set forth the 
     performance standards that are applicable to the performance 
     of a commercial activity under the pilot program in the 
     memorandum of understanding for that activity. The 
     performance standards shall include the following:
       (A) Achievement of the following cost and performance 
     objectives:
       (i) The total amount of the cost savings estimated, as of 
     the beginning of the pilot program, to be achievable by use 
     of the most efficient organization.
       (ii) A total cost of performance for the period covered by 
     the memorandum that does not exceed the amount equal to 110 
     percent of the estimated total cost of private sector 
     performance of the activity for that period.
       (B) Achievement of the performance improvements projected, 
     as of the beginning of the pilot program, to be achievable by 
     use of the most efficient organization.
       (C) Any other performance standards determined appropriate 
     by the head of the agency.
       (D) Rigorous use of technology-based solutions, performance 
     measurements, and quality of service standards that will be 
     subject to past and future performance.
       (3) Each memorandum of understanding under the pilot 
     program shall, to the maximum extent practicable, be 
     consistent with contracts used to procure the same 
     performance from a commercial source and shall clearly define 
     performance goals, standards, rewards, and penalties.
       (4) Each memorandum of understanding shall be in effect for 
     five years, except that the head of the agency concerned may 
     terminate the memorandum of understanding earlier on the 
     basis of a failure to achieve a performance standard provided 
     in the memorandum during the five-year period.
       (5)(A) After the first year of the performance of a 
     memorandum of understanding under the pilot program, the head 
     of the agency concerned shall take the actions described in 
     subparagraph (B) if the head of the agency determines, 
     through quarterly reviews, that the most efficient 
     organization has failed to achieve a performance standard 
     that is determined critical and a cause for default.
       (B) The actions to be taken by the head of an agency with 
     respect to a memorandum of understanding under subparagraph 
     (A) are as follows:
       (i) Termination of the memorandum of understanding.
       (ii) Initiation of a best value source selection process 
     that excludes participation by a public employee team and 
     provides for competitive selection of a source of performance 
     on the basis of performance standards comparable to those 
     that were used as bid-to-goal targets, including the specific 
     cost targets.
       (e) Determination of Most Efficient Organization.--(1) The 
     Secretary of Defense shall ensure that, for the purposes of 
     the pilot program under this section, the most efficient 
     organization for the performance of a Department of Defense 
     commercial activity by employees of the United States is 
     determined by using world class methods for benchmarking and 
     related activity-type costing methods.
       (2) Before initiating the determination of the most 
     efficient organization for performing a Department of Defense 
     commercial activity pursuant to a memorandum of understanding 
     under the pilot program, the head of the agency concerned 
     shall--
       (A) define the scope of the services that comprise the 
     performance of the activity;
       (B) provide for an entity independent of the Department of 
     Defense to estimate, for the 5-year period to be covered by 
     the memorandum of understanding, the costs that would be 
     incurred for the continued performance of the activity by 
     employees of the United States without a conversion to 
     performance by the most efficient organization;
       (C) estimate the cost to the United States of private 
     sector performance of the activity for that 5-year period; 
     and
       (D) determine appropriate cost and other performance 
     objectives for the performance of the activity under the 
     pilot program on the basis of comparable performance, 
     innovation, and costs, which may not exceed 110 percent of 
     potential costs of performance by a private sector source.
       (f) Management Plan.--The head of the agency concerned 
     shall prescribe or approve a management plan for the 
     performance of a commercial activity under the pilot program. 
     The management plan shall include the following:
       (1) A description of the most efficient organization for 
     the performance of the activity.
       (2) A plan for achieving the objectives determined 
     appropriate for the performance of the activity under 
     subsection (e)(2)(D).
       (3) For any case in which a reduction in the workforce is 
     necessary to achieve the most efficient organization for 
     performing the activity, provisions for attrition to be used 
     as the principal means for achieving the necessary reduction.
       (g) Moratorium on Applicability of OMB Circular A-76.--
     During the period that a memorandum of understanding is in 
     effect for a Department of Defense commercial activity under 
     subsection (d), no action may be initiated under Office of 
     Management and Budget Circular A-76 regarding the acquisition 
     of performance of that commercial activity.
       (h) Quarterly Report to Head of Agency.--Promptly after the 
     end of each quarter of a year, the head of an organization 
     performing a Department of Defense commercial activity under 
     the pilot program shall submit a report on the performance of 
     that activity during that quarter to the head of the agency 
     concerned. The report shall include an assessment of the 
     performance in terms of the performance standards provided in 
     the memorandum of understanding applicable to the activity 
     under subsection (d).
       (i) Report to Congress.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on the implementation of 
     the pilot program under this section.
       (j) Definitions.--In this section:
       (1) The term ``Department of Defense commercial activity'' 
     means an activity covered by the Department of Defense 
     commercial activities program pursuant to Department of 
     Defense Directive 4100.15 or any successor Department of 
     Defense Directive.
       (2) The term ``head of the agency concerned'' means--
       (A) the head of a Defense Agency, with respect to a 
     Department of Defense commercial activity carried out by that 
     official; and
       (B) the Secretary of a military department, with respect to 
     a Department of Defense commercial activity carried out by 
     that official.
       (3) The term ``Defense Agency'' has the meaning given the 
     term in section 101(a)(11) of title 10, United States Code.
                                  ____

  SA 1634. Mrs. HUTCHISON (for herself, Mr. Inouye, Mr. Stevens, Mr. 
DeWine, Mr. Bennett, Mr. Hatch, Mr. Craig, Ms. Mikulski, Mr. Sarbanes, 
Mr. Voinovich, and Mr. Crapo) submitted an amendment intended to be 
proposed by her to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 418, in the table before line 1, insert after the 
     item relating to Fort Stewart/Hunter Army Air Field Georgia, 
     the following new item:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
Hawaii..............................  Kahuku.................   $900,000
------------------------------------------------------------------------

       On page 418, in the table before line 1, strike 
     ``$5,800,000'' in the amount column of the item relating to 
     Fort Meade, Maryland, and insert ``$11,200,000''.
       On page 418, in the table before line 1, strike the amount 
     identified as the total in the amount column and insert 
     ``$1,264,300,000''.
       On page 420, line 21, strike ``$3,068,303,000'' and insert 
     ``$3,074,603,000''.
       On page 420, line 24, strike ``$1,027,300,000'' and insert 
     ``$1,033,600,000''.
       On page 434, in the table after line 3, strike 
     ``$24,850,000'' in the amount column of the item relating to 
     Wright-Patterson Air Force Base, Ohio, and insert 
     ``$28,250,000''.
       On page 434, in the table after line 3, insert before the 
     item relating to Lackland Air Force Base, Texas, the 
     following new item:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Texas..............................  Dyess Air Force Base.   $16,800,000
------------------------------------------------------------------------

       On page 434, in the table after line 3, strike 
     ``$14,000,000'' in the amount column of the item relating to 
     Hill Air Force Base, Utah, and insert ``$22,000,000''.
       On page 434, in the table after line 3, strike the amount 
     identified as the total in the amount column and insert 
     ``$839,570,000''.
       On page 436, in the table after line 5, insert after the 
     item relating to Hickam Air Force Base, Hawaii, the following 
     new item:


----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Idaho...................................  Mountain Home Air Force      118 Units..................   $10,000,000
                                           Base.
----------------------------------------------------------------------------------------------------------------

       On page 436, in the table after line 5, strike the amount 
     identified as the total in the amount column and insert 
     ``$150,800,000''.
       On page 437, line 10, strike ``$2,579,791,000'' and insert 
     ``$2,617,991,000''.
       On page 437, line 14, strike ``$816,070,000'' and insert 
     ``$844,270,000''.
       On page 438, line 7, strike ``$542,381,000'' and insert 
     ``$552,381,000''.
                                  ____

  SA 1635. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year

[[Page 17799]]

for the Armed Forces, and for other purposes; which was ordered to lie 
on the table; as follows:

       Insert at the appropriate place in the bill the following 
     new item:
       The Secretary of the Navy may sell to a person outside the 
     Department of Defense articles and services provided by the 
     Naval Magazine, Indian Island facility that are not available 
     from any United States commercial source; Provided, That a 
     sale pursuant to this section shall conform to the 
     requirements of 10 U.S.C. section 2563 (c) and (d); and 
     Provided further, That the proceeds from the sales of 
     articles and services under this section shall be credited to 
     operation and maintenance funds of the Navy, that are current 
     when the proceeds are received.
                                  ____

  SA 1636. Mr. HELMS submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in the bill, insert the following:

     SEC. 1066. FORCE PROTECTION OF PERSONNEL AT UNITED STATES 
                   MILITARY INSTALLATIONS.

       (a) Repeal of Limitation on Contracting for Security-Guard 
     Services.--(1) Section 2465(a) of title 10, United States 
     Code, is amended by striking ``or security-guard''.
       (2) The heading of section 2465 of such title is amended by 
     striking ``or security-guard''.
       (3) The item relating to such section at the beginning of 
     chapter 146 of such title is amended to read as follows:

       ``2465. Prohibition on contracts for performance of 
           firefighting functions.''.
                                  ____

  SA 1637. Ms. COLLINS (for herself, Ms. Landrieu, and Mr. Allard) 
submitted an amendment intended to be proposed by her to the bill S. 
1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 718. MODIFICATION OF PROHIBITION ON REQUIREMENT OF 
                   NONAVAILABILITY STATEMENT OR PREAUTHORI- 
                   ZATION.

       (a) Clarification of Covered Beneficiaries.--Subsection (a) 
     of section 721 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted in Public 
     Law 106-398; 114 Stat. 1654A-184) is amended by striking 
     ``covered beneficiary under chapter 55 of title 10, United 
     States Code, who is enrolled in TRICARE Standard,`` and 
     inserting ``covered beneficiary under TRICARE Standard 
     pursuant to chapter 55 of title 10, United States Code,''.
       (b) Repeal of Requirement for Notification Regarding Health 
     Care Received From Another Source.--Subsection (b) of such 
     section is repealed.
       (c) Waiver Authority.--Such section, as so amended, is 
     further amended by striking subsection (c) and inserting the 
     following:
       ``(b) Waiver Authority.--The Secretary may waive the 
     prohibition in subsection (a) if--
       ``(1) the Secretary--
       ``(A) demonstrates that significant costs would be avoided 
     by performing specific procedures at the affected military 
     medical treatment facility or facilities;
       ``(B) determines that a specific procedure must be provided 
     at the affected military medical treatment facility or 
     facilities to ensure the proficiency levels of the 
     practitioners at the facility or facilities; or
       ``(C) determines that the lack of nonavailability statement 
     data would significantly interfere with TRICARE contract 
     administration;
       ``(2) the Secretary provides notification of the 
     Secretary's intent to grant a waiver under this subsection to 
     covered beneficiaries who receive care at the military 
     medical treatment facility or facilities that will be 
     affected by the decision to grant a waiver under this 
     subsection;
       ``(3) the Secretary notifies the Committees on Armed 
     Services of the House of Representatives and the Senate of 
     the Secretary's intent to grant a waiver under this 
     subsection, the reason for the waiver, and the date that a 
     nonavailability statement will be required; and
       ``(4) 60 days have elapsed since the date of the 
     notification described in paragraph (3).''.
       (d) Delay of Effective Date.--Subsection (d) of such 
     section is amended--
       (1) by striking ``take effect on October 1, 2001'' and 
     inserting ``be effective beginning on the date that is two 
     years after the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2002''; and
       (2) by redesignating the subsection as subsection (c).
       (e) Report.--Not later than March 1, 2002, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the House of Representatives and the Senate a report on the 
     Secretary's plans for implementing section 721 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001, as amended by this section.
                                  ____

  SA 1638. Mr. BUNNING submitted an amendment intended to be proposed 
to amendment SA 1438 submitted by Mr. Feingold and intended to be 
proposed to the bill (S. 1246) to respond to the continuing economic 
crisis adversely affecting American agricultural producers; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title XXVIII, insert the 
     following:

     SEC. __. TREATMENT OF FINANCING COSTS AS ALLOWABLE EXPENSES 
                   UNDER CONTRACTS FOR UTILITY SERVICES FROM 
                   UTILITY SYSTEMS CONVEYED UNDER PRIVATIZATION 
                   INITIATIVE.

       Section 2688 of title 10, United States Code, is amended--
       (1) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (2) by inserting after subsection (g) the following new 
     subsection (h):
       ``(h) Treatment of Financing Costs as Allowable Expenses 
     under Contracts for Services.--The Secretary concerned may 
     include in a contract for utility services from a utility 
     system conveyed under subsection (a) terms and conditions 
     that recognize financing costs, such as return on equity and 
     interest on debt, as an allowable expense when incurred by 
     the conveyee of the utility system to acquire, operate, 
     renovate, replace, upgrade, repair, and expand the utility 
     system.''.
                                  ____

  SA 1639. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike sections 3172 through 3178 and insert the following:

     SEC. 3172. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The Federal Government, through the Atomic Energy 
     Commission, acquired the Rocky Flats site in 1951 and began 
     operations there in 1952. The site remains a Department of 
     Energy facility. Since 1992, the mission of the Rocky Flats 
     site has changed from the production of nuclear weapons 
     components to cleanup and closure in a manner that is safe, 
     environmentally and socially responsible, physically secure, 
     and cost-effective.
       (2) The site has generally remained undisturbed since its 
     acquisition by the Federal Government.
       (3) The State of Colorado is experiencing increasing growth 
     and development, especially in the metropolitan Denver Front 
     Range area in the vicinity of the Rocky Flats site. That 
     growth and development reduces the amount of open space and 
     thereby diminishes for many metropolitan Denver communities 
     the vistas of the striking Front Range mountain backdrop.
       (4) Some areas of the site contain contamination and will 
     require further response action. The national interest 
     requires that the ongoing cleanup and closure of the entire 
     site be completed safely, effectively, and without 
     unnecessary delay and that the site thereafter be retained by 
     the United States and managed so as to preserve the value of 
     the site for open space and wildlife habitat.
       (5) The Rocky Flats site provides habitat for many wildlife 
     species, including a number of threatened and endangered 
     species, and is marked by the presence of rare xeric 
     tallgrass prairie plant communities. Establishing the site as 
     a unit of the National Wildlife Refuge System will promote 
     the preservation and enhancement of those resources for 
     present and future generations.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to provide for the establishment of the Rocky Flats 
     site as a national wildlife refuge following cleanup and 
     closure of the site;
       (2) to create a process for public input on refuge 
     management before transfer of administrative jurisdiction to 
     the Secretary of the Interior; and
       (3) to ensure that the Rocky Flats site is thoroughly and 
     completely cleaned up.

     SEC. 3173. DEFINITIONS.

       In this subtitle:
       (1) Cleanup and closure.--The term ``cleanup and closure'' 
     means the response actions and decommissioning activities 
     being carried out at Rocky Flats by the Department of Energy 
     under the 1996 Rocky Flats Cleanup Agreement, the closure 
     plans and baselines, and any other relevant documents or 
     requirements.
       (2) Coalition.--The term ``Coalition'' means the Rocky 
     Flats Coalition of Local

[[Page 17800]]

     Governments established by the Intergovernmental Agreement, 
     dated February 16, 1999, among--
       (A) the city of Arvada, Colorado;
       (B) the city of Boulder, Colorado;
       (C) the city of Broomfield, Colorado;
       (D) the city of Westminster, Colorado;
       (E) the town of Superior, Colorado;
       (F) Boulder County, Colorado; and
       (G) Jefferson County, Colorado.
       (3) Hazardous substance.--The term ``hazardous substance'' 
     means--
       (A) any hazardous substance, pollutant, or contaminant 
     regulated under the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.); and
       (B) any--
       (i) petroleum (including any petroleum product or 
     derivative);
       (ii) unexploded ordnance;
       (iii) military munition or weapon; or
       (iv) nuclear or radioactive material;

     not otherwise regulated as a hazardous substance under any 
     law in effect on the date of enactment of this Act.
       (4) Pollutant or contaminant.--The term ``pollutant or 
     contaminant'' has the meaning given the term in section 101 
     of the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601).
       (5) Refuge.--The term ``refuge'' means the Rocky Flats 
     National Wildlife Refuge established under section 3177.
       (6) Response action.--The term ``response action'' has the 
     meaning given the term ``response'' in section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601) or any similar 
     requirement under State law.
       (7) RFCA.--The term ``RFCA'' means the Rocky Flats Cleanup 
     Agreement, an intergovernmental agreement, dated July 19, 
     1996, among--
       (A) the Department of Energy;
       (B) the Environmental Protection Agency; and
       (C) the Department of Public Health and Environment of the 
     State of Colorado.
       (8) Rocky flats.--
       (A) In general.--The term ``Rocky Flats'' means the Rocky 
     Flats Environmental Technology Site, Colorado, a defense 
     nuclear facility, as depicted on the map entitled ``Rocky 
     Flats Environmental Technology Site'', dated July 15, 1998, 
     and available for inspection in the appropriate offices of 
     the United States Fish and Wildlife Service.
       (B) Exclusions.--The term ``Rocky Flats'' does not 
     include--
       (i) land and facilities of the Department of Energy's 
     National Wind Technology Center; or
       (ii) any land and facilities not within the boundaries 
     depicted on the map identified in subparagraph (A).
       (9) Rocky flats trustees.--The term ``Rocky Flats 
     Trustees'' means the Federal and State of Colorado entities 
     that have been identified as trustees for Rocky Flats under 
     section 107(f)(2) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9607(f)(2)).
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 3174. FUTURE OWNERSHIP AND MANAGEMENT.

       (a) Federal Ownership.--Except as expressly provided in 
     this subtitle or any Act enacted after the date of enactment 
     of this Act, all right, title, and interest of the United 
     States, held on or acquired after the date of enactment of 
     this Act, to land or interest therein, including minerals, 
     within the boundaries of Rocky Flats shall be retained by the 
     United States.
       (b) Lindsay Ranch.--The structures that comprise the former 
     Lindsay Ranch homestead site in the Rock Creek Reserve area 
     of the buffer zone, as depicted on the map referred to in 
     section 3173(8), shall be permanently preserved and 
     maintained in accordance with the National Historic 
     Preservation Act (16 U.S.C. 470 et seq.).
       (c) Prohibition on Annexation.--Neither the Secretary nor 
     the Secretary of the Interior shall not allow the annexation 
     of land within the refuge by any unit of local government.
       (d) Prohibition on Through Roads.--Except as provided in 
     subsection (e), no public road shall be constructed through 
     Rocky Flats.
       (e) Transportation Right-of-Way.--
       (1) In general.--
       (A) Availability of land.--On submission of an application 
     meeting each of the conditions specified in paragraph (2), 
     the Secretary, in consultation with the Secretary of the 
     Interior, shall make available land along the eastern 
     boundary of Rocky Flats for the sole purpose of 
     transportation improvements along Indiana Street.
       (B) Boundaries.--Land made available under this paragraph 
     may not extend more than 300 feet from the west edge of the 
     Indiana Street right-of-way, as that right-of-way exists as 
     of the date of enactment of this Act.
       (C) Easement or sale.--Land may be made available under 
     this paragraph by easement or sale to 1 or more appropriate 
     entities.
       (D) Compliance with applicable law.--Any action under this 
     paragraph shall be taken in compliance with applicable law.
       (2) Conditions.--An application for land under this 
     subsection may be submitted by any county, city, or other 
     political subdivision of the State of Colorado and shall 
     include documentation demonstrating that--
       (A) the transportation project is constructed so as to 
     minimize adverse effects on the management of Rocky Flats as 
     a wildlife refuge; and
       (B) the transportation project is included in the regional 
     transportation plan of the metropolitan planning organization 
     designated for the Denver metropolitan area under section 
     5303 of title 49, United States Code.

     SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND 
                   JURISDICTION OVER ROCKY FLATS.

       (a) In General.--
       (1) Memorandum of understanding.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary and the Secretary of the 
     Interior shall publish in the Federal Register a draft 
     memorandum of understanding under which--
       (i) the Secretary shall provide for the subsequent transfer 
     of administrative jurisdiction over Rocky Flats to the 
     Secretary of the Interior; and
       (ii) the Secretary of the Interior shall manage natural 
     resources at Rocky Flats until the date on which the transfer 
     becomes effective.
       (B) Required elements.--
       (i) In general.--Subject to clause (ii), the memorandum of 
     understanding shall--

       (I) provide for the division of responsibilities between 
     the Secretary and the Secretary of the Interior necessary to 
     carry out the proposed transfer of land;
       (II) for the period ending on the date of the transfer--

       (aa) provide for the division of responsibilities between 
     the Secretary and the Secretary of the Interior; and
       (bb) provide for the management of the land proposed to be 
     transferred by the Secretary of the Interior as a national 
     wildlife refuge, for the purposes provided under section 
     3177(d)(2);

       (III) provide for the annual transfer of funds from the 
     Secretary to the Secretary of the Interior for the management 
     of the land proposed to be transferred; and
       (IV) subject to subsection (b)(1), identify the land 
     proposed to be transferred to the Secretary of the Interior.

       (ii) No reduction in funds.--The memorandum of 
     understanding and the subsequent transfer shall not result in 
     any reduction in funds available to the Secretary for cleanup 
     and closure of Rocky Flats.
       (C) Deadline.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary and Secretary of the 
     Interior shall finalize and implement the memorandum of 
     understanding.
       (2) Exclusions.--The transfer under paragraph (1) shall not 
     include the transfer of any property or facility over which 
     the Secretary retains jurisdiction, authority, and control 
     under subsection (b)(1).
       (3) Condition.--The transfer under paragraph (1) shall 
     occur--
       (A) not earlier than the date on which the Administrator of 
     the Environmental Protection Agency certifies to the 
     Secretary and to the Secretary of the Interior that the 
     cleanup and closure and all response actions at Rocky Flats 
     have been completed, except for the operation and maintenance 
     associated with those actions; but
       (B) not later than 30 business days after that date.
       (4) Cost; improvements.--The transfer--
       (A) shall be completed without cost to the Secretary of the 
     Interior; and
       (B) may include such buildings or other improvements as the 
     Secretary of the Interior has requested in writing for refuge 
     management purposes.
       (b) Property and Facilities Excluded From Transfers.--
       (1) In general.--The Secretary shall retain jurisdiction, 
     authority, and control over all real property and facilities 
     at Rocky Flats that are to be used for--
       (A) any necessary and appropriate long-term operation and 
     maintenance facility to intercept, treat, or control a 
     radionuclide or any other hazardous substance, pollutant, or 
     contaminant; and
       (B) any other purpose relating to a response action or any 
     other action that is required to be carried out at Rocky 
     Flats.
       (2) Consultation.--
       (A) Identification of property.--
       (i) In general.--The Secretary shall consult with the 
     Secretary of the Interior, the Administrator of the 
     Environmental Protection Agency, and the State of Colorado on 
     the identification of all property to be retained under this 
     subsection to ensure the continuing effectiveness of response 
     actions.
       (ii) Amendment to memorandum of understanding.--

       (I) In general.--After the consultation, the Secretary and 
     the Secretary of the Interior shall by mutual consent amend 
     the memorandum of understanding required under subsection (a) 
     to specifically identify the land for transfer and provide 
     for determination of the exact acreage and legal description 
     of the property to be transferred by a survey mutually 
     satisfactory to the Secretary and the Secretary of the 
     Interior.
       (II) Council on environmental quality.--In the event the 
     Secretary and the Secretary of the Interior cannot agree on 
     any element of the land to be retained or transferred, the 
     Secretary or the Secretary of the Interior

[[Page 17801]]

     may refer the issue to the Council on Environmental Quality, 
     which shall decide the issue within 45 days of such referral, 
     and the Secretary and the Secretary of the Interior shall 
     then amend the memorandum of understanding required under 
     subsection (a) in conformity with the decision of the Council 
     on Environmental Quality.

       (B) Management of property.--
       (i) In general.--The Secretary shall consult with the 
     Secretary of the Interior on the management of the retained 
     property to minimize any conflict between the management of 
     property transferred to the Secretary of the Interior and 
     property retained by the Secretary for response actions.
       (ii) Conflict.--In the case of any such conflict, 
     implementation and maintenance of the response action shall 
     take priority.
       (3) Access.--As a condition of the transfer under 
     subsection (a), the Secretary shall be provided such 
     easements and access as are reasonably required to carry out 
     any obligation or address any liability.
       (c) Administration.--
       (1) In general.--On completion of the transfer under 
     subsection (a), the Secretary of the Interior shall 
     administer Rocky Flats in accordance with this subtitle 
     subject to--
       (A) any response action or institutional control at Rocky 
     Flats carried out by or under the authority of the Secretary 
     under the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
       (B) any other action required under any other Federal or 
     State law to be carried out by or under the authority of the 
     Secretary.
       (2) Conflict.--In the case of any conflict between the 
     management of Rocky Flats by the Secretary of the Interior 
     and the conduct of any response action or other action 
     described in subparagraph (A) or (B) of paragraph (1), the 
     response action or other action shall take priority.
       (3) Continuing actions.--Except as provided in paragraph 
     (1), nothing in this subsection affects any response action 
     or other action initiated at Rocky Flats on or before the 
     date of the transfer under subsection (a).
       (d) Liability.--
       (1) In general.--The Secretary shall retain any obligation 
     or other liability for land transferred under subsection (a) 
     under--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
       (B) any other applicable law.
       (2) Response actions.--
       (A) In general.--The Secretary shall be liable for the cost 
     of any necessary response actions, including any costs or 
     claims asserted against the Secretary, for any release, or 
     substantial threat of release, of a hazardous substance, if 
     the release, or substantial threat of release, is--
       (i) located on or emanating from land--

       (I) identified for transfer by this section; or
       (II) subsequently transferred under this section;

       (ii)(I) known at the time of transfer; or
       (II) subsequently discovered; and
       (iii) attributable to--

       (I) management of the land by the Secretary; or
       (II) the use, management, storage, release, treatment, or 
     disposal of a hazardous substance on the land by the 
     Secretary.

       (B) Recovery from third party.--Nothing in this paragraph 
     precludes the Secretary, on behalf of the United States, from 
     bringing a cost recovery, contribution, or other action 
     against a third party that the Secretary reasonably believes 
     may have contributed to the release, or substantial threat of 
     release, of a hazardous substance.

     SEC. 3176. CONTINUATION OF ENVIRONMENTAL CLEANUP AND CLOSURE.

       (a) Ongoing Cleanup and Closure.--
       (1) In general.--The Secretary shall--
       (A) carry out to completion cleanup and closure at Rocky 
     Flats; and
       (B) conduct any necessary operation and maintenance of 
     response actions.
       (2) No restriction on use of new technologies.--Nothing in 
     this subtitle, and no action taken under this subtitle, 
     restricts the Secretary from using at Rocky Flats any new 
     technology that may become available for remediation of 
     contamination.
       (b) Rules of Construction.--
       (1) No relief from obligations under other law.--
       (A) In general.--Nothing in this subtitle, and no action 
     taken under this subtitle, relieves the Secretary, the 
     Administrator of the Environmental Protection Agency, or any 
     other person from any obligation or other liability with 
     respect to Rocky Flats under the RFCA or any applicable 
     Federal or State law.
       (B) No effect on rfca.--Nothing in this subtitle impairs or 
     alters any provision of the RFCA.
       (2) Required cleanup levels.--
       (A) In general.--Except as provided in subparagraph (B), 
     nothing in this subtitle affects the level of cleanup and 
     closure at Rocky Flats required under the RFCA or any Federal 
     or State law.
       (B) No effect from establishment as national wildlife 
     refuge.--
       (i) In general.--The requirements of this subtitle for 
     establishment and management of Rocky Flats as a national 
     wildlife refuge shall not reduce the level of cleanup and 
     closure.
       (ii) Cleanup levels.--The Secretary shall conduct cleanup 
     and closure of Rocky Flats to the levels established for 
     soil, water, and other media, following a thorough review, by 
     the parties to the RFCA and the public (including the United 
     States Fish and Wildlife Service and other interested 
     government agencies), of the appropriateness of the interim 
     levels in the RFCA.
       (3) No effect on obligations for measures to control 
     contamination.--Nothing in this subtitle, and no action taken 
     under this subtitle, affects any long-term obligation of the 
     United States, acting through the Secretary, relating to 
     funding, construction, monitoring, or operation and 
     maintenance of--
       (A) any necessary intercept or treatment facility; or
       (B) any other measure to control contamination.
       (c) Payment of Response Action Costs.--Nothing in this 
     subtitle affects the obligation of a Federal department or 
     agency that had or has operations at Rocky Flats resulting in 
     the release or threatened release of a hazardous substance or 
     pollutant or contaminant to pay the costs of response actions 
     carried out to abate the release of, or clean up, the 
     hazardous substance or pollutant or contaminant.
       (d) Consultation.--In carrying out a response action at 
     Rocky Flats, the Secretary shall consult with the Secretary 
     of the Interior to ensure that the response action is carried 
     out in a manner that--
       (1) does not impair the attainment of the goals of the 
     response action; but
       (2) minimizes, to the maximum extent practicable, adverse 
     effects of the response action on the refuge.

     SEC. 3177. ROCKY FLATS NATIONAL WILDLIFE REFUGE.

       (a) Establishment.--Not later than 30 days after the 
     transfer of jurisdiction under section 3175(a), the Secretary 
     of the Interior shall establish at Rocky Flats a national 
     wildlife refuge to be known as the ``Rocky Flats National 
     Wildlife Refuge''.
       (b) Composition.--The refuge shall consist of the real 
     property subject to the transfer of administrative 
     jurisdiction under section 3175(a)(1).
       (c) Notice.--The Secretary of the Interior shall publish in 
     the Federal Register a notice of the establishment of the 
     refuge.
       (d) Administration and Purposes.--
       (1) In general.--The Secretary of the Interior shall manage 
     the refuge in accordance with applicable law, including this 
     subtitle, the National Wildlife Refuge System Administration 
     Act of 1966 (16 U.S.C. 668dd et seq.), and the purposes 
     specified in that Act.
       (2) Refuge purposes.--At the conclusion of the transfer 
     under section 3175(a)(3), the refuge shall be managed for the 
     purposes of--
       (A) restoring and preserving native ecosystems;
       (B) providing habitat for, and population management of, 
     native plants and migratory and resident wildlife;
       (C) conserving threatened and endangered species (including 
     species that are candidates for listing under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.)); and
       (D) providing opportunities for compatible, wildlife-
     dependent environmental scientific research.
       (3) Management.--In managing the refuge, the Secretary 
     shall ensure that wildlife-dependent recreation and 
     environmental education and interpretation are the priority 
     public uses of the refuge.

     SEC. 3178. COMPREHENSIVE CONSERVATION PLAN.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, in developing a comprehensive 
     conservation plan in accordance with section 4(e) of the 
     National Wildlife Refuge System Administration Act of 1966 
     (16 U.S.C. 668dd(e)), the Secretary of the Interior, in 
     consultation with the Secretary, the members of the 
     Coalition, the Governor of the State of Colorado, and the 
     Rocky Flats Trustees, shall establish a comprehensive 
     planning process that involves the public and local 
     communities.
       (b) Other Participants.--In addition to the entities 
     specified in subsection (a), the comprehensive planning 
     process shall include the opportunity for direct involvement 
     of entities not members of the Coalition as of the date of 
     enactment of this Act, including the Rocky Flats Citizens' 
     Advisory Board and the cities of Thornton, Northglenn, 
     Golden, Louisville, and Lafayette, Colorado.
       (c) Dissolution of Coalition.--If the Coalition dissolves, 
     or if any Coalition member elects to leave the Coalition 
     during the comprehensive planning process under this 
     section--
       (1) the comprehensive planning process under this section 
     shall continue; and
       (2) an opportunity shall be provided to each entity that is 
     a member of the Coalition as of September 1, 2000, for direct 
     involvement in the comprehensive planning process.
       (d) Contents.--In addition to the requirements under 
     section 4(e) of the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd(e)), the 
     comprehensive conservation plan required by this section 
     shall address and make recommendations on the following:
       (1) The identification of any land described in section 
     3174(e) that could be made available for transportation 
     purposes.

[[Page 17802]]

       (2) The potential for leasing any land in Rocky Flats for 
     the National Renewable Energy Laboratory to carry out 
     projects relating to the National Wind Technology Center.
       (3) The characteristics and configuration of any perimeter 
     fencing that may be appropriate or compatible for cleanup and 
     closure, refuge, or other purposes.
       (4) The feasibility of locating, and the potential location 
     for, a visitor and education center at the refuge.
       (5) Any other issues relating to Rocky Flats.
       (e) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on Resources of the House of Representatives--
       (1) the comprehensive conservation plan prepared under this 
     section; and
       (2) a report that--
       (A) outlines the public involvement in the comprehensive 
     planning process; and
       (B) to the extent that any input or recommendation from the 
     comprehensive planning process is not accepted, clearly 
     states the reasons why the input or recommendation is not 
     accepted.
                                  ____

  SA 1640. Mr. HUTCHINSON (for himself and Mrs. Lincoln) submitted an 
amendment intended to be proposed by him to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 306. CLARA BARTON CENTER FOR DOMESTIC PREPAREDNESS, 
                   ARKANSAS.

       (a) Increase in Authorization of Appropriations for 
     Operation and Maintenance, Defense-Wide.--The amount 
     authorized to be appropriated by section 301(5) for operation 
     and maintenance for Defense-wide activities is hereby 
     increased by $1,800,000.
       (b) Availability of Funds.--Of the amount authorized to be 
     appropriated by section 301(5) for operation and maintenance 
     for Defense-wide activities, as increased by subsection (a), 
     $1,800,000 shall be available for the Clara Barton Center for 
     Domestic Preparedness, Arkansas.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(17) for operation and maintenance for 
     environmental restoration Defense-wide is hereby reduced by 
     $1,800,000.

  SA 1641. Mr. DOMENICI (for himself, Mr. Thurmond, Mr. Murkowski, Mr. 
Bingaman, Mr. Lugar, and Mr. Hollings) submitted an amendment intended 
to be proposed by him to the bill S. 1438, to authorize appropriations 
for fiscal year 2002 for military activities of the Department of 
Defense, for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 3135. UNITED STATES PARTICIPATION IN UNITED STATES AND 
                   RUSSIA PLUTONIUM DISPOSITION PROGRAMS.

       (a) Limitation on Modification of United States 
     Participation in Programs.--No modification may be made in 
     United States participation in the current United States and 
     Russia plutonium disposition programs until the date of the 
     submittal to the congressional defense committees of a report 
     setting forth a comprehensive United States strategy for 
     activities under such programs as so modified.
       (b) Plutonium Disposition Programs.--For purposes of this 
     section, the current United States and Russia plutonium 
     disposition programs are the following:
       (1) The United States Plutonium Disposition Program 
     identified in the January 1997 Record of Decision setting 
     forth the intention of the Department of Energy to pursue a 
     hybrid plutonium disposition strategy that includes 
     irradiation of mixed oxide fuel (MOX) and immobilization, and 
     the January 2000 Record of Decision of the Surplus Plutonium 
     Disposition Final Environmental Impact Statement identifying 
     the Savannah River Site, South Carolina, for plutonium 
     disposition activities.
       (2) The United States-Russian Agreement on the Management 
     and Disposition of Plutonium Designated as No Longer Required 
     for Defense Purposes and Related Cooperation, signed in 
     September 2000 by the Government of the United States and the 
     Government of Russia.
       (c) Scope of Modifications.--Any modification of United 
     States participation in a current United States or Russia 
     plutonium disposition program shall provide for the 
     disposition of not less than 34 tons of Russian weapons-grade 
     plutonium on a schedule which completes disposition of such 
     plutonium not later than 2026, the date envisioned in the 
     Agreement referred to in subsection (b)(2).
       (d) Elements of Report Accompanying Modification.--If any 
     modification is proposed to United States participation in a 
     current United States or Russia plutonium disposition 
     program, the report under subsection (a)--
       (1) shall assess any impact of such modification on other 
     elements of the environmental management strategy of the 
     Department of Energy for the closure or cleanup of current 
     and former sites in the United States nuclear weapons 
     complex;
       (2) shall specify the costs of such modification, including 
     any costs to be incurred in long-term storage of weapons-
     grade plutonium or for research and development for proposed 
     alternative disposition strategies; and
       (3) shall describe the extent of interaction in development 
     of such modification with, and concurrence in such 
     modification from--
       (A) States directly impacted by the plutonium disposition 
     program;
       (B) nations participating in current programs, or proposing 
     to participate in future programs, for the disposition of 
     Russian weapons-grade plutonium, including the willingness of 
     such nations to offset the costs specified under paragraph 
     (2); and
       (C) the Russian Federation.
       (e) Annual Report on Funding for Fissile Materials 
     Disposition Activities.--The Secretary of Energy shall 
     include with the budget justification materials submitted to 
     Congress in support of the Department of Energy budget for 
     each fiscal year (as submitted with the budget of the 
     President under section 1105(a) of title 31, United States 
     Code) a report setting forth the extent to which amounts 
     requested for the Department for such fiscal year for fissile 
     material disposition activities will enable the Department to 
     meet commitments for such activities in such fiscal year.
       (f) Limitation on Alternative Use of Certain Funds for 
     Disposition of Plutonium.--The amount made available by 
     chapter 2 of title I of division B of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (Public Law 105-277; 112 Stat. 2681-560) for 
     expenditures in the Russian Federation to implement a United 
     States/Russian accord for disposition of excess weapons 
     plutonium shall be available only for that purpose until the 
     submittal to the congressional defense committees of the 
     report referred to in subsection (a).
                                  ____

  SA 1642. Mr. DOMENICI (for himself, Mr. Hagel, Mr. Lugar, and Mr. 
Bingaman) submitted an amendment intended to be proposed by him to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title XII, add the following:

  Subtitle C--Coordination of Nonproliferation Programs and Assistance

     SEC. 1231. SHORT TITLE.

       This title may be cited as the ``Nonproliferation Programs 
     and Assistance Coordination Act of 2001''.

     SEC. 1232. FINDINGS.

       Congress makes the following findings:
       (1) United States nonproliferation efforts in the 
     independent states of the former Soviet Union have achieved 
     important results in ensuring that weapons of mass 
     destruction, weapons-usable material and technology, and 
     weapons-related knowledge remain beyond the reach of 
     terrorists and weapons-proliferating states.
       (2) Although these efforts are in the United States 
     national security interest, the effectiveness of these 
     efforts suffers from a lack of coordination within and among 
     United States Government agencies.
       (3) Increased spending and investment by the United States 
     private sector on nonproliferation efforts in the independent 
     states of the former Soviet Union, specifically, spending and 
     investment by the United States private sector in job 
     creation initiatives and proposals for unemployed Russian 
     weapons scientists and technicians, are making an important 
     contribution in ensuring that knowledge related to weapons of 
     mass destruction remains beyond the reach of terrorists and 
     weapons-proliferating states.
       (4) Increased spending and investment by the United States 
     private sector on nonproliferation efforts in the independent 
     states of the former Soviet Union require the establishment 
     of a coordinating body to ensure that United States public 
     and private efforts are not in conflict, and to ensure that 
     public spending on nonproliferation efforts by the 
     independent states of the former Soviet Union is maximized to 
     ensure efficiency and further United States national security 
     interests.

     SEC. 1233. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION 
                   ASSISTANCE TO THE INDEPENDENT STATES OF THE 
                   FORMER SOVIET UNION.

       (a) Establishment.--There is established within the 
     executive branch of the Government an interagency committee 
     known as

[[Page 17803]]

     the ``Committee on Nonproliferation Assistance to the 
     Independent States of the Former Soviet Union'' (in this 
     title referred to as the ``Committee'').
       (b) Membership.--(1) The Committee shall be composed of 6 
     members, as follows:
       (A) A representative of the Department of State designated 
     by the Secretary of State.
       (B) A representative of the Department of Energy designated 
     by the Secretary of Energy.
       (C) A representative of the Department of Defense 
     designated by the Secretary of Defense.
       (D) A representative of the Department of Commerce 
     designated by the Secretary of Commerce.
       (E) A representative of the Assistant to the President for 
     National Security Affairs designated by the Assistant to the 
     President.
       (F) A representative of the Director of Central 
     Intelligence.
       (2) The Secretary of a department named in subparagraph 
     (A), (B), (C), or (D) of paragraph (1) shall designate as the 
     department's representative an official of that department 
     who is not below the level of an Assistant Secretary of the 
     department.
       (b) Chair.--The representative of the Assistant to the 
     President for National Security Affairs shall serve as Chair 
     of the Committee. The Chair may invite the head of any other 
     department or agency of the United States to designate a 
     representative of that department or agency to participate 
     from time to time in the activities of the Committee.

     SEC. 1234. DUTIES OF COMMITTEE.

       (a) In General.--The Committee shall have primary 
     continuing responsibility within the executive branch of the 
     Government for--
       (1) monitoring United States nonproliferation efforts in 
     the independent states of the former Soviet Union;
       (2) coordinating the implementation of United States policy 
     with respect to such efforts; and
       (3) recommending to the President, through the National 
     Security Council--
       (A) integrated national policies for countering the threats 
     posed by weapons of mass destruction; and
       (B) options for integrating the budgets of departments and 
     agencies of the Federal Government for programs and 
     activities to counter such threats.
       (b) Duties Specified.--In carrying out the responsibilities 
     described in subsection (a), the Committee shall--
       (1) arrange for the preparation of analyses on the issues 
     and problems relating to coordination within and among United 
     States departments and agencies on nonproliferation efforts 
     of the independent states of the former Soviet Union;
       (2) arrange for the preparation of analyses on the issues 
     and problems relating to coordination between the United 
     States public and private sectors on nonproliferation efforts 
     in the independent states of the former Soviet Union, 
     including coordination between public and private spending on 
     nonproliferation programs of the independent states of the 
     former Soviet Union and coordination between public spending 
     and private investment in defense conversion activities of 
     the independent states of the former Soviet Union;
       (3) provide guidance on arrangements that will coordinate, 
     de-conflict, and maximize the utility of United States public 
     spending on nonproliferation programs of the independent 
     states of the former Soviet Union to ensure efficiency and 
     further United States national security interests;
       (4) encourage companies and nongovernmental organizations 
     involved in nonproliferation efforts of the independent 
     states of the former Soviet Union to voluntarily report these 
     efforts to the Committee;
       (5) arrange for the preparation of analyses on the issues 
     and problems relating to the coordination between the United 
     States and other countries with respect to nonproliferation 
     efforts in the independent states of the former Soviet Union; 
     and
       (6) consider, and make recommendations to the President and 
     Congress with respect to, proposals for new legislation or 
     regulations relating to United States nonproliferation 
     efforts in the independent states of the former Soviet Union 
     as may be necessary.

     SEC. 1235. COMPREHENSIVE PROGRAM FOR NONPROLIFERATION 
                   PROGRAMS AND ACTIVITIES.

       (a) Program Required.--The President shall, acting through 
     the Committee, develop a comprehensive program for the 
     Federal Government for carrying out nonproliferation programs 
     and activities.
       (b) Program Elements.--The program under subsection (a) 
     shall include plans and proposals as follows:
       (1) Plans for countering the proliferation of weapons of 
     mass destruction and related materials and technologies.
       (2) Plans for providing for regular sharing of information 
     among intelligence, law enforcement, and customs agencies of 
     the Federal Government.
       (3) Plans for establishing appropriate centers for 
     analyzing seized nuclear, radiological, biological, and 
     chemical weapons, and related materials and technologies.
       (4) Proposals for establishing in the United States 
     appropriate legal controls and authorities relating to the 
     export of nuclear, radiological, biological, and chemical 
     weapons and related materials and technologies.
       (5) Proposals for encouraging and assisting governments of 
     foreign countries to implement and enforce laws that set 
     forth appropriate penalties for offenses regarding the 
     smuggling of weapons of mass destruction and related 
     materials and technologies.
       (6) Proposals for building the confidence of the United 
     States and Russia in each other's controls over United States 
     and Russian nuclear weapons and fissile materials, including 
     plans for verifying the dismantlement of nuclear weapons.
       (7) Plans for reducing United States and Russian stockpiles 
     of excess plutonium, which plans shall take into account an 
     assessment of the options for United States cooperation with 
     Russia in the disposition of Russian plutonium.
       (8) Plans for studying the merits and costs of establishing 
     a global network of means for detecting and responding to 
     terrorism or other criminal use of biological agents against 
     people or other forms of life in the United States or any 
     foreign country.
       (c) Report.--(1) At the same time the President submits to 
     Congress the budget for fiscal year 2003 pursuant to section 
     1105(a) of title 31, United States Code, the President shall 
     submit to Congress a report that sets forth the comprehensive 
     program developed under this section.
       (2) The report shall include the following:
       (A) The specific plans and proposals for the program under 
     subsection (b).
       (B) Estimates of the funds necessary, by agency or 
     department, for carrying out such plans and proposals in 
     fiscal year 2003 and five succeeding fiscal years.
       (3) The report shall be in an unclassified form, but may 
     contain a classified annex.

     SEC. 1236. ADMINISTRATIVE SUPPORT.

       All departments and agencies of the Federal Government 
     shall provide, to the extent permitted by law, such 
     information and assistance as may be requested by the 
     Committee or the Secretary of State in carrying out their 
     functions and activities under this title.

     SEC. 1237. CONFIDENTIALITY OF INFORMATION.

       Information which has been submitted to the Committee or 
     received by the Committee in confidence shall not be publicly 
     disclosed, except to the extent required by law, and such 
     information shall be used by the Committee only for the 
     purpose of carrying out the functions and activities set 
     forth in this title.

     SEC. 1238. STATUTORY CONSTRUCTION.

       Nothing in this title--
       (1) applies to the data-gathering, regulatory, or 
     enforcement authority of any existing department or agency of 
     the Federal Government over nonproliferation efforts in the 
     independent states of the former Soviet Union, and the review 
     of those efforts undertaken by the Committee shall not in any 
     way supersede or prejudice any other process provided by law; 
     or
       (2) applies to any activity that is reportable pursuant to 
     title V of the National Security Act of 1947 (50 U.S.C. 413 
     et seq.).

     SEC. 1239. INDEPENDENT STATES OF THE FORMER SOVIET UNION 
                   DEFINED.

       In this title the term ``independent states of the former 
     Soviet Union'' has the meaning given the term in section 3 of 
     the FREEDOM Support Act (22 U.S.C. 5801).
                                  ____

  SA 1643. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 718. ELIGIBILITY OF RESERVE OFFICERS FOR HEALTH CARE 
                   PENDING ORDERS TO ACTIVE DUTY FOLLOWING 
                   COMMISSIONING.

       Section 1074(a) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) by striking ``who is on active duty'' and inserting 
     ``described in paragraph (2)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Members of the uniformed services referred to in 
     paragraph (1) are as follows:
       ``(A) A member of a uniformed service on active duty.
       ``(B) A member of a reserve component of a uniformed 
     service who has been commissioned as an officer if--
       ``(i) the member has requested orders to active duty for 
     the member's initial period of active duty following the 
     commissioning of the member as an officer;
       ``(ii) the request for orders has been approved;
       ``(iii) the orders are to be issued but have not been 
     issued; and
       ``(iv) does not have health care insurance and is not 
     covered by any other health benefits plan.''.
                                  ____

  SA 1644. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for

[[Page 17804]]

military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 317, after line 23, add the following:

     SEC. 908. EVALUATION OF STRUCTURE AND LOCATION OF ARMY 
                   ENVIRONMENTAL POLICY INSTITUTE.

       (a) Evaluation Required.--The Secretary of the Army, acting 
     through the Assistant Secretary of the Army for Installations 
     and Environment, shall carry out a thorough evaluation of the 
     current structure and location of the Army Environmental 
     Policy Institute for purposes of determining whether the 
     structure and location of the Institute provide for the most 
     efficient and effective fulfillment of the charter of the 
     Institute.
       (b) Matters To Be Evaluated.--In carrying out the 
     evaluation, the Secretary shall evaluate--
       (1) the performance of the Army Environmental Policy 
     Institute in light of its charter;
       (2) the current structure and location of the Institute in 
     light of its charter; and
       (3) various alternative structures (including funding 
     mechanisms) and locations for the Institute as a means of 
     enhancing the efficient and effective operation of Institute.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the evaluation carried out under this section. 
     The report shall include the results of the evaluation and 
     such recommendations as the Secretary considers appropriate.
                                  ____

  SA 1645. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SEC. 1066. CRITICAL INFRASTRUCTURES PROTECTION.

       (a) Findings.--Congress makes the following findings:
       (1) The Information revolution has transformed the conduct 
     of business and the operations of government as well as the 
     infrastructure relied upon for the defense and national 
     security of the United States.
       (2) Private business, government, and the national security 
     apparatus increasingly depend on an interdependent network of 
     critical physical and information infrastructures, including 
     telecommunications, energy, financial services, water, and 
     transportation sectors.
       (3) A continuous national effort is required to ensure the 
     reliable provision of cyber and physical infrastructure 
     services critical to maintaining the national defense, 
     continuity of government, economic prosperity, and quality of 
     life in the United States.
       (4) This national effort requires extensive modeling and 
     analytic capabilities for purposes of evaluating appropriate 
     mechanisms to ensure the stability of these complex and 
     interdependent systems, and to underpin policy 
     recommendations, so as to achieve the continuous viability 
     and adequate protection of the critical infrastructure of the 
     nation.
       (b) Policy of United States.--It is the policy of the 
     United States--
       (1) that any physical or virtual disruption of the 
     operation of the critical infrastructures of the United 
     States be rare, brief, geographically limited in effect, 
     manageable, and minimally detrimental to the economy, 
     essential human and government services, and national 
     security of the United States;
       (2) that actions necessary to achieve the policy stated in 
     paragraph (1) be carried out in a public-private partnership 
     involving corporate and non-governmental organizations; and
       (3) to have in place a comprehensive and effective program 
     to ensure the continuity of essential Federal Government 
     functions under all circumstances.
       (c) Support of Critical Infrastructure Protection and 
     Continuity by National Infrastructure Simulation and Analysis 
     Center.--(1) The National Infrastructure Simulation and 
     Analysis Center (NISAC) shall provide support for the 
     activities of the President's Critical Infrastructure 
     Protection and Continuity Board under Executive Order __.
       (2) The support provided for the Board under paragraph (1) 
     shall include the following:
       (A) Modeling, simulation, and analysis of the systems 
     comprising critical infrastructures, including cyber 
     infrastructure, telecommunications infrastructure, and 
     physical infrastructure, in order to enhance understanding of 
     the large-scale complexity of such systems and to facilitate 
     modification of such systems to mitigate the threats to such 
     systems and to critical infrastructures generally.
       (B) Acquisition from State and local governments and the 
     private sector of data necessary to create and maintain 
     models of such systems and of critical infrastructures 
     generally.
       (C) Utilization of modeling, simulation, and analysis under 
     subparagraph (A) to provide education and training to members 
     of the Board, and other policymakers, on matters relating 
     to--
       (i) the analysis conducted under that subparagraph;
       (ii) the implications of unintended or unintentional 
     disturbances to critical infrastructures; and
       (iii) responses to incidents or crises involving critical 
     infrastructures, including the continuity of government and 
     private sector activities through and after such incidents or 
     crises.
       (D) Utilization of modeling, simulation, and analysis under 
     subparagraph (A) to provide recommendations to members of the 
     Board and other policymakers, and to departments and agencies 
     of the Federal Government and private sector persons and 
     entities upon request, regarding means of enhancing the 
     stability of, and preserving, critical infrastructures.
       (3) Modeling, simulation, and analysis provided under this 
     subsection to the Board shall be provided, in particular, to 
     the Infrastructure Interdependencies committee of the Board 
     under section 9(c)(8) of the Executive Order referred to in 
     paragraph (1).
       (d) Activities of President's Critical Infrastructure 
     Protection and Continuity Board.--The Board shall provide to 
     the Center appropriate information on the critical 
     infrastructure requirements of each Federal agency for 
     purposes of facilitating the provision of support by the 
     Center for the Board under subsection (c).
       (e) Critical Infrastructure Defined.--In this section, the 
     term ``critical infrastructure'' means systems and assets, 
     whether physical or virtual, so vital to the United States 
     that the incapacity or destruction of such systems and assets 
     would have a debilitating impact on national security, 
     national economic security, national public health or safety, 
     or any combination of those matters.
       (f) Authorization of Appropriations.--(1) There is hereby 
     authorized for the Department of Defense for fiscal year 
     2002, $20,000,000 for the Defense Threat Reduction Agency for 
     activities of the National Infrastructure Simulation and 
     Analysis Center under subsection (c) in that fiscal year.
       (2) The amount available under paragraph (1) for the 
     National Infrastructure Simulation and Analysis Center is in 
     addition to any other amounts made available by this Act for 
     the National Infrastructure Simulation and Analysis Center.
                                  ____

  SA 1646. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 215. ADDITIONAL FUNDING FOR ADVANCED RELAY MIRROR SYSTEM 
                   DEMONSTRATION.

       (a) Additional Funds.--(1) The amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force for the Advanced Relay 
     Mirror System (ARMS) demonstration (PE603605F) is hereby 
     increased by $9,200,000.
       (2) The amount available under paragraph (1) for the 
     Advanced Relay Mirror System demonstration is in addition to 
     any other amounts available under this Act for the Advanced 
     Relay Mirror System demonstration.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force for MILSATCOM (PE603430F) is 
     hereby decreased by $9,200,000.
                                  ____

  SA 1647. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 215. ADDITIONAL FUNDING FOR SATELLITE SIMULATION 
                   TOOLKIT.

       (a) Additional Funds.--(1) The amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force for the Satellite 
     Simulation Toolkit (PE602601F) is hereby increased by 
     $5,000,000.
       (2) The amount available under paragraph (1) for the 
     Satellite Simulation Toolkit is in addition to any other 
     amounts available under this Act for the Satellite Simulation 
     Toolkit.

[[Page 17805]]

       (b) Offset.--The amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force for MILSATCOM (PE603430F) is 
     hereby decreased by $5,000,000.
                                  ____

  SA 1648. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 215. ADDITIONAL FUNDING FOR COOPERATIVE ENERGETICS 
                   INITIATIVE.

       (a) Additional Funds.--(1) The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army for the Cooperative 
     Energetics Initiative (PE602624A) is hereby increased by 
     $10,000,000.
       (2) The amount available under paragraph (1) for the 
     Cooperative Energetics Initiative is in addition to any other 
     amounts available under this Act for the Cooperative 
     Energetics Initiative.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation for the Army for Landmine Warfare/Barrier 
     Engineering Development (PE604808A) is hereby decreased by 
     $10,000,000.
                                  ____

  SA 1649. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 215. ADDITIONAL FUNDING FOR UPGRADES TO THEATER 
                   AEROSPACE COMMAND AND CONTROL SIMULATION 
                   FACILITY.

       (a) Additional Funds.--(1) The amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force for the Theater 
     Aerospace Command and Control Simulation Facility (TACCSF) 
     (PE207605F) is hereby increased by $7,250,000.
       (2) The amount available under paragraph (1) for the 
     Theater Aerospace Command and Control Simulation Facility is 
     in addition to any other amounts available under this Act for 
     the Theater Aerospace Command and Control Simulation 
     Facility.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force for Joint Expeditionary Force 
     (PE207028) is hereby decreased by $7,250,000.
                                  ____

  SA 1650. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 215. ADDITIONAL FUNDING FOR ADVANCED TACTICAL LASER.

       (a) Additional Funds.--(1) The amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy for the Advanced Tactical 
     Laser (ATL) (PE603851D8Z) is hereby increased by $35,000,000.
       (2) The amount available under paragraph (1) for the 
     Advanced Tactical Laser is in addition to any other amounts 
     available under this Act for the Advanced Tactical Laser.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(2) for research, development, test, and 
     evaluation for the Navy is hereby decreased by $35,000,000, 
     with the amount of the decrease to be allocated as follows:
       (1) $20,000,000 shall be allocated to amounts available for 
     Deployable Joint Command and Control (PE603237N).
       (2) $15,000,000 shall be allocated to amounts available for 
     Shipboard System Component Development (PE603513N).
                                  ____

  SA 1651. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. RADIATION EXPOSURE COMPENSATION TRUST FUND 
                   APPROPRIATIONS.

       (1) In general.--Subject to the limits in paragraph (2), 
     there are appropriated, out of any money in the Treasury not 
     otherwise appropriated, for the fiscal year ending September 
     30, 2002, and each fiscal year thereafter through 2011, such 
     sums as may be necessary to the Radiation Exposure 
     Compensation Trust Fund for the purpose of making payments to 
     eligible beneficiaries under the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note).
       (2) Limitation.--Amounts appropriated pursuant to paragraph 
     (1) may not exceed--
       (A) in fiscal year 2002, $172,000,000;
       (B) in fiscal year 2003, $143,000,000;
       (C) in fiscal year 2004, $107,000,000;
       (D) in fiscal year 2005, $65,000,000;
       (E) in fiscal year 2006, $47,000,000;
       (F) in fiscal year 2007, $29,000,000;
       (G) in fiscal year 2008, $29,000,000;
       (H) in fiscal year 2009, $23,000,000;
       (I) in fiscal year 2010, $23,000,000; and
       (J) in fiscal year 2011, $17,000,000.
                                  ____

  SA 1652. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 1438, to authorize appropriations for 
fiscal year 2002 for military activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 652. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR 
                   ANNUITIES BY DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Repeal.--Section 1451(c) of title 10, United States 
     Code, is amended by striking paragraph (2).
       (b) Prohibition of Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date specified in subsection (c) by reason of the amendment 
     made by the subsection (a).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted, if later than the 
     date specified in paragraph (1).
                                  ____

  SA 1653. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Defense, 
for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place in Division C, Title XXXI, 
     Subtitle A, insert a new section as follows:
       ``Sec. 31  . For weapons activities, an additional 
     $338,944,000 is authorized to be appropriated to the 
     Department of Energy for fiscal year 2002 for the activities 
     of the National Nuclear Security Administration.''
       On page 416, line 22, strike ``$1,018,394,000'' and replace 
     with ``$1,357,338,000''.
                                  ____

  SA 1654. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In title II, insert the following:

     SEC. [SCO01.673]. FUNDS FOR THE FAMILY OF SYSTEMS SIMULATOR, 
                   THE LOW COST INTERCEPTOR, AND ARMY MULTI-MODE 
                   TOP ATTACK SIMULATOR.

       (a) Increase in Authorization of Appropriations for RDT&E, 
     Army.--The amount authorized to be appropriated by section 
     201(1) is hereby increased by $14,600,000.
       (b) Availability of Funds.--Of the amount authorized to be 
     appropriated by section 201(1), $10,000,000 may be available 
     for the Army Space and Missile Defense Command, and 
     $4,600,000 for the Army Threat Simulator Management Office, 
     Redstone Arsenal.

[[Page 17806]]

       (1) For the Family of Systems Simulator, $5,000,000.
       (2) For the Low Cost Interceptor, $5,000,000.
       (3) For the Army Multi-Mode TOP Attack Simulator, 
     $4,600,000.
                                  ____

  SA 1655. Mr. DOMENICI (for himself and Mr. Reid) submitted an 
amendment intended to be proposed by him to the bill S. 1438, to 
authorize appropriations for fiscal year 2002 for military activities 
of the Department of Defense, for military constructions, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in Division C, Title XXXI, 
     Subtitle A, insert a new section as follows:
       ``Sec. 31   . For weapons activities, an additional 
     $338,944,000 is authorized to be appropriated to the 
     Department of Energy for fiscal year 2002 for the activities 
     of the National Nuclear Security Administration.''
       On page 416, line 22, strike ``$1,018,394,000'' and replace 
     with ``1,357,338,000''.
                                  ____

  SA 1656. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table 
as follows:

       On page 600, after line 6, add the following:

        TITLE XXXV--COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Commercial Reusable In-
     Space Transportation Act of 2001''.

     SEC. 3502. FINDINGS.

       Congress makes the following findings:
       (1) It is in the national interest to encourage the 
     utilization of cost-effective, in-space transportation 
     systems, which would be developed and operated by the private 
     sector on commercial basis.
       (2) The use of reusable in-space transportation systems 
     will enhance performance levels of in-space operations, 
     enhance efficient and safe disposal of satellites at the end 
     of their useful lives, and increase the capability and 
     reliability of existing ground-to-space launch vehicles.
       (3) Commercial reusable in-space transportation systems 
     will enhance the economic well-being and national security of 
     the United States by reducing space operations costs for 
     commercial and national space programs and by adding new 
     space capabilities to space operations.
       (4) Commercial reusable in-space transportation systems 
     will provide new cost-effective space capabilities (including 
     orbital transfers from low altitude orbits to high altitude 
     orbits and return, the correction of erroneous satellite 
     orbits, and the recovery, refurbishment, and refueling of 
     satellites) and the provision of upper stage functions to 
     increase ground-to-orbit launch vehicle payloads to 
     geostationary and other high energy orbits.
       (5) Commercial reusable in-space transportation systems can 
     enhance and enable the space exploration of the United States 
     by providing lower cost trajectory injection from earth 
     orbit, transit trajectory control, and planet arrival 
     deceleration to support potential National Aeronautics and 
     Space Administration missions to Mars, Pluto, and other 
     planets.
       (6) Satellites stranded in erroneous earth orbit due to 
     deficiencies in their launch represent substantial economic 
     loss to the United States, estimated at as much as 
     $3,000,000,000 to $4,000,000,000 in a recent 12-month period, 
     and present substantial concerns for the current backlog of 
     national space assets valued at $20,000,000,000.
       (7) Commercial reusable in-space transportation systems can 
     provide new options for alternative planning approaches and 
     risk management to enhance the mission assurance of national 
     space assets.
       (8) Commercial reusable in-space transportation systems 
     developed by the private sector can provide in-space 
     transportation services to the National Aeronautics and Space 
     Administration, the Department of Defense, the National 
     Reconnaissance Office, and other agencies without the need 
     for the United States to bear the cost of development of such 
     systems.
       (9) The availability of limited direct loans and loan 
     guarantees, with the cost of credit risk to the United States 
     paid by the private-sector, is an effective means by which 
     the United States can help qualifying private-sector 
     companies secure otherwise unattainable private financing for 
     the development of commercial reusable in-space 
     transportation systems, while at the same time minimizing 
     Government commitment and involvement in the development of 
     such systems.

     SEC. 3503. LOANS AND LOAN GUARANTEES FOR DEVELOPMENT OF 
                   COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION.

       (a) Authority To Make Loans and Loan Guarantees.--The 
     Administrator may make loans, and may guarantee loans made, 
     to eligible United States commercial providers for purposes 
     of developing commercial reusable in-space transportation 
     systems.
       (b) Eligible United States Commercial Providers.--The 
     Administrator shall prescribe requirements for the 
     eligibility of United States commercial providers for loans, 
     and loan guarantees, under this section. Such requirements 
     shall ensure that eligible providers are financially capable 
     of undertaking a loan made or guaranteed under this section.
       (c) Fees.--
       (1) Credit subsidy.--
       (A) Collection required.--The Administrator shall collect 
     from each United States commercial provider receiving a loan 
     or loan guarantee under this section an amount equal to the 
     amount, as determined by the Administrator, to cover the 
     cost, as defined in section 502(5) of the Federal Credit 
     Reform Act of 1990, of the loan or loan guarantee, as the 
     case may be.
       (B) Periodic disbursements.--In the case of a loan or loan 
     guarantee in which proceeds of the loan are disbursed over 
     time, the Administrator shall collect the amount required 
     under this paragraph on a pro rata basis, as determined by 
     the Administrator, at the time of each disbursement.
       (2) Administrative fee.--
       (A) Collection required.--The Administrator shall collect 
     from each United States commercial provider receiving a loan 
     or loan guarantee under this section an amount equal to 0.5 
     percent of the proceeds of the loan concerned.
       (B) Availability.--Amounts collected by the Administrator 
     under this paragraph shall be available to the Administrator 
     for purposes of carrying out this section.
       (3) Payment of amounts.--Amounts paid by a United States 
     commercial provider under this subsection shall be derived 
     from amounts other than the proceeds of the loan for which 
     such amounts are paid.
       (d) Interest Rate.--The interest rate on a loan made or 
     guaranteed under this section may not be less than an 
     interest rate determined by the Administrator based on a 
     benchmark interest rate on marketable Treasury securities 
     with a similar maturity to the loan.
       (e) Other Terms and Conditions.--
       (1) Amortization period.--A loan made or guaranteed under 
     this section shall be amortized over the shorter, as 
     determined by the Administrator, of--
       (A) 20 years; or
       (B) the useful life of the physical asset to be financed by 
     the loan.
       (2) Prohibition on subordination.--A loan made or 
     guaranteed under this section may not be subordinated to 
     another debt contracted by the United States commercial 
     provider concerned, or to any other claims against such 
     provider.

    (3) Restriction on income.--A loan made or guaranteed under this 
                           section may not--
      (A) provide income which is excluded from gross income for 
purposes of chapter 1 of the Internal Revenue Code of 1986; or
      (B) in the case of a loan guaranteed under this section, 
provide significant collateral or security, as determined by the 
Administrator, for other obligations the income from which is so 
excluded.
     (4) Treatment of guarantee.--The guarantee of a loan under this 
         section shall be conclusive evidence of the following:
      (A) That the guarantee has been properly obtained.
      (B) That the loan qualifies for the guarantee.
      (C) That, but for fraud or material misrepresentation by the 
holder of the loan, the guarantee is valid, legal, and enforceable.
  (5) Other terms and conditions.--The Administrator may establish any 
 other terms and conditions for a loan made under this section, or for 
   the guarantee of a loan under this section, as the Administrator 
considers appropriate to protect the financial interests of the United 
                                States.
  (f) Enforcement of Rights.--
      (1) In general.--The Attorney General may take any action the 
Attorney General considers appropriate to enforce any right accruing to 
  the United States under a loan or loan guarantee under this section.
  (2) Forbearance.--The Attorney General may, with the approval of the 
  parties concerned, forebear from enforcing any right of the United 
   States under a loan made or guaranteed under this section for the 
benefit of a United States commercial provider if such forbearance will 
  not result in any cost, as defined in section 502(5) of the Federal 
            Credit Reform Act of 1990, to the United States.
  (3) Utilization of property.--Notwithstanding any other provision of 
 law and subject to the terms of a loan made or guaranteed under this 
section, upon the default of a United States commercial provider under 
the loan, the Administrator may, at the election of the Administrator--
      (A) assume control of the physical asset financed by the loan; 
and
      (B) complete, recondition, reconstruct, renovate, repair, 
maintain, operate, or sell the physical asset.
  (g) Authorization of Appropriations.--There is hereby authorized 
to be appropriated $1,500,000,000 for the making of loans under this 
section and for the administration

[[Page 17807]]

of loans and loan guarantees under this section.
SEC. 3504. DEFINITIONS.
  In this title:
   (1) Administrator.--The term ``Administrator'' means the Administer 
         of the National Aeronautics and Space Administration.
  (2) Commercial provider.--The term ``commercial provider'' means any 
     person or entity providing commercial reusable in-orbit space 
 transportation services, primary control of which is held by persons 
 other than the Federal Government, a State or local government, or a 
                          foreign government.
       (3) In-space transportation services.--The term ``in-space 
 transportation services'' means operations and activities involved in 
 the direct transportation or attempted transportation of a payload or 
object from one orbit to another by means of an in-space transportation 
                                vehicle.
        (4) In-space transportation system.--The term ``in-space 
transportation system'' means the space and ground elements, including 
in-space transportation vehicles and support space systems, and ground 
    administration and control facilities and associated equipment, 
    necessary for the provision of in-space transportation services.
        (5) In-space transportation vehicle.--The term ``in-space 
          transportation vehicle'' means a vehicle designed--
      (A) to be based and operated in space;
      (B) to transport various payloads or objects from one orbit to 
another orbit; and
      (C) to be reusable and refueled in space.
    (6) United states commercial provider.--The term ``United States 
commercial provider'' means any commercial provider organized under the 
laws of the United States that is more than 50 percent owned by United 
                           States nationals.

  SA 1657. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 1217. LIMITED AUTHORITY TO PROVIDE ASSISTANCE TO 
                   PAKISTAN AND INDIA.

       If the President determines that it is in the national 
     interests of the United States to do so, the President is 
     authorized to provide assistance to Pakistan and India under 
     the Arms Export Control Act, the Foreign Assistance Act of 
     1961, the Export-Import Bank Act of 1945, or any Act without 
     regard to any grounds for prohibiting or restricting such 
     assistance under those Acts that arose prior to September 11, 
     2001.
                                  ____

  SA 1658. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title XII add the following:

     SEC. 1217. ALLIED DEFENSE BURDENSHARING.

       It is the sense of the Senate that----
       (1) the efforts of the President to increase defense 
     burdensharing by allied and friendly nations deserve strong 
     support;
       (2) the efforts by the Secretary of Defense and the 
     Secretary of the State to negotiate host nation support 
     agreements that increase the amounts of the financial 
     contributions made for common defense by allied and friendly 
     nations should be aggressively prospected; and
       (3) host nation support agreements should be negotiated 
     consistent with section 1221 of the National Defense 
     Authorization Act for Fiscal Year 1998, which set forth the 
     goals of obtaining from host nations contributions to pay 75 
     percent of the nonpersonnel costs incurred by the United 
     States Government for stationing military personnel in those 
     nations.
                                  ____

  SA 1659. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 1438, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in the bill, add the following:

     SEC. 301(5). AUTHORIZATION OF ADDITIONAL FUNDS.

       Authorization.--$3,000,000 is authorized for appropriations 
     in section 301(5), for the replacement or refurbishment of 
     air handlers and related control systems at Keesler AFB 
     Medical Center.
                                  ____

  SA 1660. Mr. WARNER (for himself and Mr. Levin) proposed an amendment 
to the bill S. 1438, to authorize appropriations for fiscal year 2002 
for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       Strike section 2842, relating to a limitation on 
     availability of funds for renovation of the Pentagon 
     Reservation, and insert the following:

     SEC. 2842. REPEAL OF LIMITATION ON COST OF RENOVATION OF 
                   PENTAGON RESERVATION.

       Section 2864 of the Military Construction Authorization Act 
     for Fiscal Year 1997 (division B of Public Law 104-201; 110 
     Stat. 2806) is repealed.
                                  ____

  SA 1661. Mr. LEVIN (for himself and Mr. Warner) proposed an amendment 
to the bill S. 1438, to authorize appropriations for fiscal year 2002 
for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 1009. AUTHORIZATION OF 2001 EMERGENCY SUPPLEMENTAL 
                   APPROPRIATIONS ACT FOR RECOVERY FROM AND 
                   RESPONSE TO TERRORIST ATTACKS ON THE UNITED 
                   STATES.

       (a) Authorization.--Amounts authorized to be appropriated 
     to the Department of Defense for fiscal year 2001 in the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398) are 
     hereby adjusted by the amounts of appropriations made 
     available to the Department of Defense pursuant to the 2001 
     Emergency Supplemental Appropriations Act for Recovery from 
     and Response to Terrorist Attacks on the United States.
       (b) Quarterly Report.--(1) Promptly after the end of each 
     quarter of a fiscal year, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on the use of funds 
     made available to the Department of Defense pursuant to the 
     2001 Emergency Supplemental Appropriations Act for Recovery 
     from and Response to Terrorist Attacks on the United States.
       (2) The first report under paragraph (1) shall be submitted 
     not later than January 2, 2002.
       (c) Proposed Allocation and Plan.--The Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives, not later than 15 
     days after the date on which the Director of the Office of 
     Management and Budget submits to the Committees on 
     Appropriations of the Senate and House of Representatives the 
     proposed allocation and plan required by the 2001 Emergency 
     Supplemental Appropriations Act for Recovery from and 
     Response to Terrorist Attacks on the United States, a 
     proposed allocation and plan for the use of the funds made 
     available to the Department of Defense pursuant to that Act.
                                  ____

  SA 1662. Mr. LEVIN (for himself and Mr. Warner) proposed an amendment 
to the bill S. 1438, to authorize appropriations for fiscal year 2002 
for military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 1217. ACQUISITION OF LOGISTICAL SUPPORT FOR SECURITY 
                   FORCES.

       Section 5 of the Multinational Force and Observers 
     Participation Resolution (22 U.S.C. 3424) is amended by 
     adding at the end the following new subsection:
       ``(d)(1) The United States may use contractors to provide 
     logistical support to the Multinational Force and Observers 
     under this section in lieu of providing such support through 
     a logistical support unit composed of members of the United 
     States Armed Forces.
       ``(2) Notwithstanding subsections (a) and (b) and section 
     7(b), support by a contractor under this subsection may be 
     provided without reimbursement whenever the President 
     determines that such action enhances or supports the national 
     security interests of the United States.''.
                                  ____

  SA 1663. Mr. LEVIN (for himself and Mr. Warner) proposed an amendment 
to the bill S. 1438, to authorize appropriations for fiscal year 2002 
for military activities of the Department of

[[Page 17808]]

Defense, for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 1217. PERSONAL SERVICES CONTRACTS TO BE PERFORMED BY 
                   INDIVIDUALS OR ORGANIZATIONS ABROAD.

       Section 2 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2669) is amended by adding at the end the 
     following:
       ``(n) exercise the authority provided in subsection (c), 
     upon the request of the Secretary of Defense or the head of 
     any other department or agency of the United States, to enter 
     into personal service contracts with individuals to perform 
     services in support of the Department of Defense or such 
     other department or agency, as the case may be.''.
                                  ____

  SA 1664. Mr. WARNER (for Mrs. Hutchison (for herself and Mr. 
Lieberman)) proposed an amendment to the bill S. 1438, to authorize 
appropriations for fiscal year 2002 for military activities of the 
Department of Defense, for military constructions, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. 652. SBP ELIGIBILITY OF SURVIVORS OF RETIREMENT-
                   INELIGIBLE MEMBERS OF THE UNIFORMED SERVICES 
                   WHO DIE WHILE ON ACTIVE DUTY.

       (a) Surviving Spouse Annuity.--Section 1448(d) of title 10, 
     United States Code, is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) Surviving spouse annuity.--The Secretary concerned 
     shall pay an annuity under this subchapter to the surviving 
     spouse of--
       ``(A) a member who dies while on active duty after--
       ``(i) becoming eligible to receive retired pay;
       ``(ii) qualifying for retired pay except that the member 
     has not applied for or been granted that pay; or
       ``(iii) completing 20 years of active service but before 
     the member is eligible to retire as a commissioned officer 
     because the member has not completed 10 years of active 
     commissioned service; or
       ``(B) a member not described in subparagraph (A) who dies 
     in line of duty while on active duty.''.
       (b) Computation of Survivor Annuity.--Section 1451(c)(1) of 
     title 10, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) by striking ``based upon his years of active service 
     when he died.'' and inserting ``based upon the following:''; 
     and
       (B) by adding at the end the following new clauses:
       ``(i) In the case of an annuity payable under section 
     1448(d) of this title by reason of the death of a member in 
     line of duty, the retired pay base computed for the member 
     under section 1406(b) or 1407 of this title as if the member 
     had been retired under section 1201 of this title on the date 
     of the member's death with a disability rated as total.
       ``(ii) In the case of an annuity payable under section 
     1448(d)(1)(A) of this title by reason of the death of a 
     member not in line of duty, the member's years of active 
     service when he died.
       ``(iii) In the case of an annuity under section 1448(f) of 
     this title, the member's years of active service when he 
     died.''; and
       (2) in subparagraph (B)(i), by striking ``if the member or 
     former member'' and all that follows and inserting ``as 
     described in subparagraph (A).''.
       (c) Conforming Amendments.--(1) The heading for subsection 
     (d) of section 1448 of such title is amended by striking 
     ``Retirement-Eligible''.
       (2) Subsection (d)(3) of such section is amended by 
     striking ``1448(d)(1)(B) or 1448(d)(1)(C)'' and inserting 
     ``clause (ii) or (iii) of section 1448(d)(1)(A)''.
       (d) Extension and Increase of Objectives for Receipts From 
     Disposals of Certain Stockpile Materials Authorized for 
     Several Fiscal Years Beginning With Fiscal Year 1999.--
     Section 3303(a) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2262; 50 U.S.C. 98d note) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) in paragraph (4)--
       (A) by striking ``$720,000,000'' and inserting 
     ``$760,000,000''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following new paragraph:
       ``(5) $770,000,000 by the end of fiscal year 2011.''.
       (e) Effective Date and Applicability.--This section and the 
     amendments made by this section shall take effect as of 
     September 10, 2001, and shall apply with respect to deaths of 
     members of the Armed Forces occurring on or after that date.
                                  ____

  SA 1665. Mr. LEVIN (for Mr. Akaka) submitted an amendment intended to 
be proposed by Mr. Levin to the bill S. 1438, to authorize 
appropriations for fiscal year 2002 for military activities of the 
Department of Defense, for military constructions, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. 2844. CONSTRUCTION OF PARKING GARAGE AT FORT DERUSSY, 
                   HAWAII.

       (a) Authority To Enter Into Agreement for Construction.--
     The Secretary of the Army may authorize the Army Morale, 
     Welfare, and Recreation Fund, a non-appropriated fund 
     instrumentality of the Department of Defense (in this section 
     referred to as the ``Fund''), to enter into an agreement with 
     a governmental, quasi-governmental, or commercial entity for 
     the construction of a parking garage at Fort DeRussy, Hawaii.
       (b) Form of Agreement.--The agreement under subsection (a) 
     may take the form of a non-appropriated fund contract, 
     conditional gift, or other agreement determined by the Fund 
     to be appropriate for purposes of construction of the parking 
     garage.
       (c) Use of Parking Garage by Public.--The agreement under 
     subsection (a) may permit the use by the general public of 
     the parking garage constructed under the agreement if the 
     Fund determines that use of the parking garage by the general 
     public will be advantageous to the Fund.
       (d) Treatment of Revenues of Fund Parking Garages at Fort 
     DeRussy.--Notwithstanding any other provision of law, amounts 
     received by the Fund by reason of operation of parking 
     garages at Fort DeRussy, including the parking garage 
     constructed under the agreement under subsection (a), shall 
     be treated as non-appropriated funds, and shall accrue to the 
     benefit of the Fund or its component funds, including the 
     Armed Forces Recreation Center-Hawaii (Hale Koa Hotel).
                                  ____

  SA 1666. Mr. WARNER (for Mr. Santorum) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       Strike section 2841, relating to the development of the 
     United States Army Heritage and Education Center at Carlisle 
     Barracks, Pennsylvania, and insert the following:

     SEC. 2841. DEVELOPMENT OF UNITED STATES ARMY HERITAGE AND 
                   EDUCATION CENTER AT CARLISLE BARRACKS, 
                   PENNSYLVANIA.

       (a) Authority To Enter into Agreement.--(1) The Secretary 
     of the Army may enter into an agreement with the Military 
     Heritage Foundation, a not-for-profit organization, for the 
     design, construction, and operation of a facility for the 
     United States Army Heritage and Education Center at Carlisle 
     Barracks, Pennsylvania.
       (2) The facility referred to in paragraph (1) is to be used 
     for curation and storage of artifacts, research facilities, 
     classrooms, and offices, and for education and other 
     activities, agreed to by the Secretary, relating to the 
     heritage of the Army. The facility may also be used to 
     support such education and training as the Secretary 
     considers appropriate.
       (b) Design and Construction.--The Secretary may, at the 
     election of the Secretary--
       (1) accept funds from the Military Heritage Foundation for 
     the design and construction of the facility referred to in 
     subsection (a); or
       (2) permit the Military Heritage Foundation to contract for 
     the design and construction of the facility.
       (c) Acceptance of Facility.--(1) Upon satisfactory 
     completion, as determined by the Secretary, of the facility 
     referred to in subsection (a), and upon the satisfaction of 
     any and all financial obligations incident thereto by the 
     Military Heritage Foundation, the Secretary shall accept the 
     facility from the Military Heritage Foundation, and all 
     right, title, and interest in and to the facility shall vest 
     in the United States.
       (2) Upon becoming property of the United States, the 
     facility shall be under the jurisdiction of the Secretary.
       (d) Use of Certain Gifts.--(1) Under regulations prescribed 
     by the Secretary, the Commandant of the Army War College may, 
     without regard to section 2601 of title 10, United States 
     Code, accept, hold, administer, invest, and spend any gift, 
     devise, or bequest of personnel property of a value of 
     $250,000 or less made to the United States if such gift, 
     devise, or bequest is for the benefit of the United States 
     Army Heritage and Education Center.
       (2) The Secretary may pay or authorize the payment of any 
     reasonable and necessary expense in connection with the 
     conveyance or transfer of a gift, devise, or bequest under 
     this subsection.

[[Page 17809]]

       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the agreement authorized to be entered into by 
     subsection (a) as the Secretary considers appropriate to 
     protect the interest of the United States.
                                  ____

  SA 1667. Mr. LEVIN (for Mr. Lieberman (for himself and Mr. Santorum)) 
proposed an amendment to the bill S. 1438, to authorize appropriations 
for fiscal year 2002 for military activities of the Department of 
Defense, for military constructions, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 1124. PARTICIPATION OF PERSONNEL IN TECHNICAL STANDARDS 
                   DEVELOPMENT ACTIVITIES.

       Subsection (d) of section 12 of the National Technology 
     Transfer and Advancement Act of 1995 (109 Stat. 783; 15 
     U.S.C. 272 note) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Expenses of government personnel.--Section 5946 of 
     title 5, United States Code, shall not apply with respect to 
     any activity of an employee of a Federal agency or department 
     that is determined by the head of that agency or department 
     as being an activity undertaken in carrying out this 
     subsection.''.
                                  ____

  SA 1668. Mr. WARNER (for Mr. Lott) proposed an amendment to the bill 
S. 1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       Strike section 303 and insert the following:

     SEC. 303. ARMED FORCES RETIREMENT HOME.

       (a) Amount for Fiscal Year 2002.--There is hereby 
     authorized to be appropriated for fiscal year 2002 from the 
     Armed Forces Retirement Home Trust Fund the sum of 
     $71,440,000 for the operation of the Armed Forces Retirement 
     Home, including the United States Soldiers' and Airmen's Home 
     and the Naval Home.
       (b) Amounts Previously Authorized.--Of amounts appropriated 
     from the Armed Forces Retirement Home Trust Fund for fiscal 
     years before fiscal year 2002 by Acts enacted before the date 
     of the enactment of this Act, an amount of $22,400,000 shall 
     be available for those fiscal years, to the same extent as is 
     provided in appropriation Acts, for the development and 
     construction of a blended use, multicare facility at the 
     Naval Home and for the acquisition of a parcel of real 
     property adjacent to the Naval Home, consisting of 
     approximately 15 acres, more or less.
                                  ____

  SA 1669. Mr. LEVIN (for Mrs. Carnahan) proposed an amendment to the 
bill S. 1438, to authorize appropriations for fiscal year 2002 for 
military activities of the Department of Defense, for military 
constructions, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 1027. COMPTROLLER GENERAL STUDY AND REPORT ON 
                   INTERCONNECTIVITY OF NATIONAL GUARD 
                   DISTRIBUTIVE TRAINING TECHNOLOGY PROJECT 
                   NETWORKS AND RELATED PUBLIC AND PRIVATE 
                   NETWORKS.

       (a) Study Required.--The Comptroller General of the United 
     States shall conduct a study of the interconnectivity between 
     the voice, data, and video networks of the National Guard 
     Distributive Training Technology Project (DTTP) and other 
     Department of Defense, Federal, State, and private voice, 
     data, and video networks, including the networks of the 
     distance learning project of the Army known as Classroom XXI, 
     networks of public and private institutions of higher 
     education, and networks of the Federal Emergency Management 
     Agency and other Federal, State, and local emergency 
     preparedness and response agencies.
       (b) Purposes.--The purposes of the study under subsection 
     (a) are as follows:
       (1) To identify existing capabilities, and future 
     requirements, for transmission of voice, data, and video for 
     purposes of operational support of disaster response, 
     homeland defense, command and control of premobilization 
     forces, training of military personnel, training of first 
     responders, and shared use of the networks of the 
     Distributive Training Technology Project by government and 
     members of the networks.
       (2) To identify appropriate connections between the 
     networks of the Distributive Training Technology Project and 
     networks of the Federal Emergency Management Agency, State 
     emergency management agencies, and other Federal and State 
     agencies having disaster response functions.
       (3) To identify requirements for connectivity between the 
     networks of the Distributive Training Technology Project and 
     other Department of Defense, Federal, State, and private 
     networks referred to in subsection (a) in the event of a 
     significant disruption of providers of public services.
       (4) To identify means of protecting the networks of the 
     Distributive Training Technology Project from outside 
     intrusion, including an assessment of the manner in which so 
     protecting the networks facilitates the mission of the 
     National Guard and homeland defense.
       (5) To identify impediments to interconnectivity between 
     the networks of the Distributive Training Technology Project 
     and such other networks.
       (6) To identify means of improving interconnectivity 
     between the networks of the Distributive Training Technology 
     Project and such other networks.
       (c) Particular Matters.--In conducting the study, the 
     Comptroller General shall consider, in particular, the 
     following:
       (1) Whether, and to what extent, national security concerns 
     impede interconnectivity between the networks of the 
     Distributive Training Technology Project and other Department 
     of Defense, Federal, State, and private networks referred to 
     in subsection (a).
       (2) Whether, and to what extent, limitations on the 
     technological capabilities of the Department of Defense 
     impede intercon-
     nectivity between the networks of the Distributive Training 
     Technology Project and such other networks.
       (3) Whether, and to what extent, other concerns or 
     limitations impede interconnec-
     tivity between the networks of the Distributive Training 
     Technology Project and such other networks.
       (4) Whether, and to what extent, any national security, 
     technological, or other concerns justify limitations on 
     interconnec-
     tivity between the networks of the Distributive Training 
     Technology Project and such other networks.
       (5) Potential improvements in National Guard or other 
     Department technologies in order to improve interconnectivity 
     between the networks of the Distributive Training Technology 
     Project and such other networks.
       (d) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on the study conducted 
     under subsection (a). The report shall describe the results 
     of the study, and include any recommendations that the 
     Comptroller General considers appropriate in light of the 
     study.
                                  ____

  SA 1670. Mr. WARNER (for Mr. Lott) proposed an amendment to the bill 
S. 1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       On page 346, line 20, insert after ``professional'' the 
     following: ``or a member of the Armed Forces serving on 
     active duty in a grade above major or lieutenant commander''.
                                  ____

  SA 1671. Mr. DOMENICI (for himself, Mr. Reid, and Mr. Bingaman) 
submitted an amendment intended to be proposed by him to the bill S. 
1438, to authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military constructions, 
and for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in Division C, Title XXXI, 
     Subtitle A, insert a new section as follows:
       ``Sec. 31  . For weapons activities, an additional 
     $338,944,000 is authorized to be appropriated to the 
     Department of Energy for fiscal year 2002 for the activities 
     of the National Nuclear Security Administration.''
       On page 399, line 22, strike ``$1,018,394,000'' and replace 
     with ``1,357,338,000''.

                          ____________________