[Congressional Record (Bound Edition), Volume 148 (2002), Part 8]
[Senate]
[Pages 10940-10945]
[From the U.S. Government Publishing Office, www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2003--Continued


                           Amendment No. 3938

  Mr. LEVIN. Mr. President, I offer an amendment on behalf of Senator 
Warner and myself that would authorize the Department of Defense to 
cancel longstanding debit and credit transactions that cannot be 
cleared from the Department's books because they have been misrecorded 
in the wrong appropriation. I believe this amendment has been cleared.
  Mr. WARNER. Mr. President, it has been cleared on our side, also.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for himself and Mr. 
     Warner, proposes an amendment numbered 3938.
  The amendment is as follows:

 (Purpose: To authorize clearance of certain transactions recorded in 
 Treasury suspense accounts and cancellation of certain check issuance 
  discrepancies in Treasury records, all of which relate to financial 
               transactions of the Department of Defense)

       On page 217, between lines 13 and 14, insert the following:

     SEC. 1010. CLEARANCE OF CERTAIN TRANSACTIONS RECORDED IN 
                   TREASURY SUSPENSE ACCOUNTS AND RESOLUTION OF 
                   CERTAIN CHECK ISSUANCE DISCREPANCIES.

       (a) Clearing of Suspense Accounts.--(1) In the case of any 
     transaction that was entered into by or on behalf of the 
     Department of Defense before March 1, 2001, that is recorded 
     in the Department of Treasury Budget Clearing Account 
     (Suspense) designated as account F3875, the Unavailable Check 
     Cancellations and Overpayments (Suspense) designated as 
     account F3880, or an Undistributed Intergovernmental Payments 
     account designated as account F3885, and for which no 
     appropriation for the Department of Defense has been 
     identified--
       (A) any undistributed collection credited to such account 
     in such case shall be deposited to the miscellaneous receipts 
     of the Treasury; and
       (B) subject to paragraph (2), any undistributed 
     disbursement recorded in such account in such case shall be 
     canceled.
       (2) An undistributed disbursement may not be canceled under 
     paragraph (1) until the Secretary of Defense has made a 
     written determination that the appropriate official or 
     officials of the Department of Defense have attempted without 
     success to locate the documentation necessary to demonstrate 
     which

[[Page 10941]]

     appropriation should be charged and further efforts are not 
     in the best interests of the United States.
       (b) Resolution of Check Issuance Discrepancies.--(1) In the 
     case of any check drawn on the Treasury that was issued by or 
     on behalf of the Department of Defense before October 31, 
     1998, for which the Secretary of the Treasury has reported to 
     the Department of Defense a discrepancy between the amount 
     paid and the amount of the check as transmitted to the 
     Department of Treasury, and for which no specific 
     appropriation for the Department of Defense can be identified 
     as being associated with the check, the discrepancy shall be 
     canceled, subject to paragraph (2).
       (2) A discrepancy may not be canceled under paragraph (1) 
     until the Secretary of Defense has made a written 
     determination that the appropriate official or officials of 
     the Department of Defense have attempted without success to 
     locate the documentation necessary to demonstrate which 
     appropriation should be charged and further efforts are not 
     in the best interests of the United States.
       (c) Consultation.--The Secretary of Defense shall consult 
     the Secretary of the Treasury in the exercise of the 
     authority granted by subsections (a) and (b).
       (d) Duration of Authority.--(1) A particular undistributed 
     disbursement may not be canceled under subsection (a) more 
     than 30 days after the date of the written determination made 
     by the Secretary of Defense under such subsection regarding 
     that undistributed disbursement.
       (2) A particular discrepancy may not be canceled under 
     subsection (b) more than 30 days after the date of the 
     written determination made by the Secretary of Defense under 
     such subsection regarding that discrepancy.
       (3) No authority may be exercised under this section after 
     the date that is two years after the date of the enactment of 
     this Act.

  The PRESIDING OFFICER. If there is no further debate, the amendment 
is agreed to.
  The amendment (No. 3938) was agreed to.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3939

  Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf 
of myself and Senator Warner. It will establish a pilot program 
allowing the Secretary of Defense to authorize the Defense Logistics 
Agency to provide logistics support and services for weapons systems 
contractors when it is in the best interest of the Government. I ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for himself and Mr. 
     Warner, proposes an amendment numbered 3939.

  The amendment is as follows:

 (Purpose: To authorize the Secretary to provide logistics support and 
            logistics services to weapon system contractors)

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

     SEC. 346. LOGISTICS SUPPORT AND SERVICES FOR WEAPON SYSTEMS 
                   CONTRACTORS.

       (a) Authority.--The Secretary of Defense may make 
     available, in accordance with this section and the 
     regulations prescribed under subsection (e), logistics 
     support and logistics services to a contractor in support of 
     the performance by the contractor of a contract for the 
     construction, modification, or maintenance of a weapon system 
     that is entered into by an official of the Department of 
     Defense.
       (b) Support Contracts.--Any logistics support and logistics 
     services that is to be provided under this section to a 
     contractor in support of the performance of a contract shall 
     be provided under a separate contract that is entered into by 
     the Director of the Defense Logistics Agency with that 
     contractor.
       (c) Scope of Support and Services.--The logistics support 
     and logistics services that may be provided under this 
     section in support of the performance of a contract described 
     in subsection (a) are the distribution, disposal, and 
     cataloging of materiel and repair parts necessary for the 
     performance of that contract.
       (d) Limitations.--(1) The number of contracts described in 
     subsection (a) for which the Secretary makes logistics 
     support and logistics services available under the authority 
     of this section may not exceed five contracts. The total 
     amount of the estimated costs of all such contracts for which 
     logistics support and logistics services are made available 
     under this section may not exceed $100,000,000.
       (2) No contract entered into by the Director of the Defense 
     Logistics Agency under subsection (b) may be for a period in 
     excess of five years, including periods for which the 
     contract is extended under options to extend the contract.
       (e) Regulations.--Before exercising the authority under 
     this section, the Secretary of Defense shall prescribe in 
     regulations such requirements, conditions, and restrictions 
     as the Secretary determines appropriate to ensure that 
     logistics support and logistics services are provided under 
     this section only when it is in the best interests of the 
     United States to do so. The regulations shall include, at a 
     minimum, the following:
       (1) A requirement for the authority under this section to 
     be used only for providing logistics support and logistics 
     services in support of the performance of a contract that is 
     entered into using competitive procedures (as defined in 
     section 4 of the Office of Federal Procurement Policy Act (41 
     U.S.C. 403)).
       (2) A requirement for the solicitation of offers for a 
     contract described in subsection (a), for which logistics 
     support and logistics services are to be made available under 
     this section, to include--
       (A) a statement that the logistics support and logistics 
     services are to be made available under the authority of this 
     section to any contractor awarded the contract, but only on a 
     basis that does not require acceptance of the support and 
     services; and
       (B) a description of the range of the logistics support and 
     logistics services that are to be made available to the 
     contractor.
       (3) A requirement for the rates charged a contractor for 
     logistics support and logistics services provided to a 
     contractor under this section to reflect the full cost to the 
     United States of the resources used in providing the support 
     and services, including the costs of resources used, but not 
     paid for, by the Department of Defense.
       (4) A requirement to credit to the General Fund of the 
     Treasury amounts received by the Department of Defense from a 
     contractor for the cost of logistics support and logistics 
     services provided to the contractor by the Department of 
     Defense under this section but not paid for out of funds 
     available to the Department of Defense.
       (5) With respect to a contract described in subsection (a) 
     that is being performed for a department or agency outside 
     the Department of Defense, a prohibition, in accordance with 
     applicable contracting procedures, on the imposition of any 
     charge on that department or agency for any effort of 
     Department of Defense personnel or the contractor to correct 
     deficiencies in the performance of such contract.
       (6) A prohibition on the imposition of any charge on a 
     contractor for any effort of the contractor to correct a 
     deficiency in the performance of logistics support and 
     logistics services provided to the contractor under this 
     section.
       (f) Relationship to Treaty Obligations.--The Secretary 
     shall ensure that the exercise of authority under this 
     section does not conflict with any obligation of the United 
     States under any treaty or other international agreement.
       (g) Termination of Authority.--(1) The authority provided 
     in this section shall expire on September 30, 2007, subject 
     to paragraph (2).
       (2) The expiration of the authority under this section does 
     not terminate--
       (A) any contract that was entered into by the Director of 
     the Defense Logistics Agency under subsection (b) before the 
     expiration of the authority or any obligation to provide 
     logistics support and logistics services under that contract; 
     or
       (B) any authority--
       (i) to enter into a contract described in subsection (a) 
     for which a solicitation of offers was issued in accordance 
     with the regulations prescribed pursuant to subsection (e)(2) 
     before the date of the expiration of the authority; or
       (ii) to provide logistics support and logistics services to 
     the contractor with respect to that contract in accordance 
     with this section.

  Mr. WARNER. Mr. President, this is an administration proposal, and 
there is concurrence on both sides.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3939) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3940

  Mr. LEVIN. Mr. President, on behalf of Senator Warner and myself, I 
send an amendment to the desk which will transfer funding for the 
Compass Call aircraft between two lines within the aircraft procurement 
Air Force account. This is a technical correction that the Air Force 
has asked we make in the budget request.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for himself and Mr. 
     Warner, proposes an amendment numbered 3940.


[[Page 10942]]


  The amendment is as follows:

(Purpose: To provide for the amount for the Compass Call program of the 
         Air Force to be available within classified projects)

       On page 23, between lines 12 and 13, insert the following:

     SEC. 135. COMPASS CALL PROGRAM.

       Of the amount authorized to be appropriated by section 
     103(1), $12,700,000 shall be available for the Compass Call 
     program within classified projects and not within the Defense 
     Airborne Reconnaissance Program.

  Mr. WARNER. Mr. President, the amendment has been cleared on this 
side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3040) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3941

      (Purpose: To reallocate $5,000,000 of the authorization of 
 appropriations for Other Procurement, Navy, for the integrated bridge 
 system to items less than $5,000,000 from the Aegis support equipment)

  Mr. WARNER. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration, and I ask the clerk to read the 
amendment.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Sessions, 
     proposes an amendment numbered 3941:
       On page 17, strike line 14, and insert the following:

     SEC. 121. INTEGRATED BRIDGE SYSTEM.

       (a) Amount for Program.--Of the amount authorized to be 
     appropriated by section 102(a)(4), $5,000,000 shall be 
     available for the procurement of the integrated bridge system 
     in items less than $5,000,000.
       (b) Offsetting Reduction.--Of the total amount authorized 
     to be appropriated by section 102(a)(4), the amount available 
     for the integrated bridge system in Aegis support equipment 
     is hereby reduced by $5,000,000.

  Mr. WARNER. Mr. President, this is a technical amendment to correct 
the procurement line associated with the integrated bridge system in 
the other procurement and Navy funding account. My understanding is it 
is cleared on the other side.
  Mr. LEVIN. The amendment has been cleared, and we support it.
  Mr. WARNER. I urge its adoption.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3941) was agreed to.
  Mr. WARNER. I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3942

  Mr. LEVIN. Mr. President, I send an amendment on behalf of Senator 
Cleland to the desk. This amendment would strike section 344 of our 
bill which added logistics support functions, acquisition logistics, 
supply management, system engineering, maintenance, and modification 
management to the core functions the Secretary of Defense must consider 
when making determinations about what capabilities should be retained 
by Government workers in Government-owned/Government-operated 
facilities. I understand the amendment has been cleared.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Cleland, 
     proposes an amendment numbered 3942.

  The amendment is as follows:

  (Purpose: To strike section 344, relating to clarification of core 
                        logistics capabilities)

       Strike section 344.

  Mr. WARNER. Mr. President, this amendment has been cleared on this 
side. I ask unanimous consent that a letter relevant to this amendment 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                               The Under Secretary of Defense,

                                    Washington, DC, June 14, 2002.
     Hon. Saxby Chambliss,
     House of Representatives,
     Washington, DC.
       Dear Congressman Chambliss: I am writing regarding the 
     ``clarification of required core logistics capabilities'' 
     provisions of section 335 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003, as passed by the 
     House, and section 344 of the National Defense Authorization 
     Act for Fiscal Year 2003, as reported by the Senate Armed 
     Services Committee on May 15, 2002. These provisions would 
     expand the definition of core logistics functions from 
     maintenance and repair to include acquisition, supply, 
     systems engineering, and modification management.
       The Department understands that the objective intended by 
     these provisions is to maintain the full range of logistics 
     capabilities necessary to support current and future 
     essential weapon systems and equipment over their entire life 
     cycle. Clearly, the Department has, and plans to retain, a 
     sufficient cadre of logistics specialties to meet this 
     objective. Specifically, we will retain sufficient supply, 
     maintenance and repair, and logistics program management 
     capabilities to sustain our essential equipment over its 
     entire life cycle with the appropriate mix of government 
     personnel, contractor personnel, and public-private 
     partnerships. The specific identification of these skills 
     will be documented through the ongoing Department of Defense 
     core competency review, through implementation of the Future 
     Logistics Enterprise (FLE) initiative, and with supporting 
     policies. I will report to the committee once the requirement 
     for these skills is appropriately documented.
       We also understand that there is concern that the Air Force 
     has not yet completed a long-term depot strategy. The Air 
     Force will submit its long-term depot strategy to the 
     Congress in September 2002.
       Thank you for considering our views in this matter.
           Sincerely,
                                                E.C. Aldridge, Jr.

  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3942) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3943

  Mr. WARNER. Mr. President, I send an amendment to the desk on behalf 
of Senator Collins of Maine which is a technical amendment to correct 
the Navy research development funding line associated with the laser 
welding and cutting program. My understanding is this amendment has 
been cleared on the other side.
  Mr. LEVIN. The amendment has been cleared.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Ms. Collins, 
     proposes an amendment numbered 3943.

  The amendment is as follows:

      (Purpose: To reallocate $6,000,000 of the authorization of 
     appropriations for RDT&E, Navy, for laser welding and cutting 
 demonstration to force protection applied research (PE 0602123N) from 
    surface ship and submarine HM&E advanced research (PE 0603508N)

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

     SEC. 214. LASER WELDING AND CUTTING DEMONSTRATION.

       (a) Amount for Program.--Of the total amount authorized to 
     be appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy, $6,000,000 shall be 
     available for the laser welding and cutting demonstration in 
     force protection applied research (PE 0602123N).
       (b) Offsetting Reduction.--Of the total amount authorized 
     to be appropriated by section 201(2) for research, 
     development, test, and evaluation for the Navy, the amount 
     available for laser welding and cutting demonstration in 
     surface ship and submarine HM&E advanced technology (PE 
     0603508N) is hereby reduced by $6,000,000.

  Mr. WARNER. I urge adoption of the amendment.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3943) was agreed to.
  Mr. WARNER. I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3944

  Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf 
of Senator Landrieu. This amendment would delete a requirement in the 
bill

[[Page 10943]]

that any waiver or deviation from a test and evaluation master plan be 
approved by the director of operational test and evaluation. I believe 
the amendment has been cleared.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Ms. Landrieu, 
     proposes an amendment numbered 3944.

  The amendment is as follows:

   (Purpose: To make various amendments to the subtitle on improved 
  management of Department of Defense test and evaluation facilities)

       On page 37, beginning on line 14, strike ``Under Secretary 
     of Defense for Acquisition, Technology, and Logistics'' and 
     insert ``Director of Operational Test and Evaluation''.
       On page 41, line 14, strike ``Chapter 643'' and insert 
     ``Chapter 645''.
       On page 46, line 20, insert ``the Under Secretary of 
     Defense for Personnel and Readiness and'' after ``consult 
     with''.
       Strike section 236 and insert the following:

     SEC. 236. COMPLIANCE WITH TESTING REQUIREMENTS.

       (a) Annual OT&E Report.--Subsection (g) of section 139 of 
     title 10, United States Code, is amended by inserting after 
     the fourth sentence the following: ``The report for a fiscal 
     year shall also include an assessment of the waivers of and 
     deviations from requirements in test and evaluation master 
     plans and other testing requirements that occurred during the 
     fiscal year, any concerns raised by the waivers or 
     deviations, and the actions that have been taken or are 
     planned to be taken to address the concerns.''.
       (b) Reorganization of Provision.--Subsection (g) of such 
     section, as amended by subsection (a), is further amended--
       (1) by inserting ``(1)'' after ``(g)'';
       (2) by designating the second sentence as paragraph (2);
       (3) by designating the third sentence as paragraph (3);
       (4) by designating the matter consisting of the fourth and 
     fifth sentences as paragraph (4);
       (5) by designating the sixth sentence as paragraph (5); and
       (6) by realigning paragraphs (2), (3), (4), and (5), as so 
     designated, two ems from the left margin.

  Mr. WARNER. Mr. President, the amendment has been cleared on this 
side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3944) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3945

  Mr. WARNER. Mr. President, on behalf of Senators Grassley, Harkin, 
and others I offer an amendment which extends the authority of the 
Secretary of the Army to integrate commercial activity and 
manufacturing arsenals until the year 2004. My understanding is the 
amendment has been cleared on the other side.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for Mr. Grassley, 
     for himself, Mr. Harkin, Mrs. Clinton, Mr. Schumer, Mr. 
     Durbin, Mr. Fitzgerald, and Mrs. Lincoln, proposes an 
     amendment numbered 3945.

  The amendment is as follows:

      (Purpose: To extend the Arsenal support program initiative)

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

     SEC. 346. CONTINUATION OF ARSENAL SUPPORT PROGRAM INITIATIVE.

       (a) Extension Through Fiscal Year 2004.--Subsection (a) of 
     section 343 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-65) is amended by 
     striking ``and 2002'' and inserting ``through 2004''.
       (b) Reporting Requirements.--Subsection (g) of such section 
     is amended--
       (1) in paragraph (1), by striking ``2002'' and inserting 
     ``2004''; and
       (2) in paragraph (2), by striking the first sentence and 
     inserting the following new sentence: ``Not later than July 
     1, 2003, the Secretary of the Army shall submit to the 
     congressional defense committees a report on the results of 
     the demonstration program since its implementation, including 
     the Secretary's views regarding the benefits of the program 
     for Army manufacturing arsenals and the Department of the 
     Army and the success of the program in achieving the purposes 
     specified in subsection (b).''.

  Mr. GRASSLEY. Mr. President, I am offering an amendment to 
reauthorize the Arsenal Support Program Initiative, ASPI, for 2 more 
years. This program has been successful but the need continues.
  Both the Rock Island Arsenal and the Watervliet Arsenal are now 
suffering from underutilization. Both are currently at under 30 percent 
of their capacity. This underutilization has greatly affected overhead 
rates at both arsenals, making it increasingly difficult to compete 
with private industry. At the same time, the base of skilled arsenal 
workers has steadily eroded.
  I strongly believe that an organic industrial base must be maintained 
if we are to be prepared to meet future, unanticipated national 
security needs. Arsenals provide a valuable rapid manufacturing 
capability for specialized and unique defense manufacturing needs. The 
decline in skilled arsenal workers is therefore particularly troubling 
in light of the new threats our forces will face in the war on 
terrorism.
  The ASPI addresses the problem of underutilization of arsenals by 
encouraging private industry to utilize the arsenals. This provides a 
way to help keep the arsenal industrial base warm, while helping to 
save taxpayer dollars by supplementing arsenal overhead costs. The ASPI 
has already helped initiate many beneficial relationships with private 
industry. For instance, the Rock Island Arsenal currently has a 
contract with the Quad City Labor Management Partnership, which 
provides training to Rock Island Arsenal personnel in return for the 
use of administrative space. Another company, TDF Corp., is currently a 
tenant at the Rock Island Arsenal and the Arsenal is in discussions 
with a cellular telephone company and others. The Watervliet Arsenal is 
currently in the process of executing contracts with three different 
private manufacturers and is exploring other possibilities. Pine Bluff 
Arsenal has also taken advantage of contracts with the private sector 
to provide additional revenue.
  The Arsenal Support Program Initiative opens up new opportunities for 
savings at our arsenals as well as making them more self-sufficient. 
This program is a win-win situation for the Army, the arsenals and 
industry, and I urge my colleagues to allow this program to continue.
  Mr. HARKIN. Mr. President, I am pleased to be offering with Senator 
Grassley and with our colleagues from Illinois, New York, and Arkansas, 
a bipartisan amendment of importance to Rock Island Arsenal. This 
amendment is needed for the continuation of the Arsenal Support Program 
Initiative, or ASPI.
  In 1992 we passed the ARMS initiative to help the ammunition plants, 
including the Iowa Army Ammunition Plant, bring in commercial tenants 
that would pay part of the cost of these large plants. The initiative 
has been very successful and has saved taxpayers money. ASPI brings a 
similar program to the Rock Island, Watervliet, and Pine Bluff 
arsenals. Rock Island and the other arsenals have extraordinary 
workforce, space, and equipment that are underutilized in peacetime 
operations but are needed for wartime surge capabilities as well as 
smaller critical emergencies. The costs of the underutilized space and 
equipment must be paid for directly by taxpayers, or charged as 
overhead to work at the arsenals, causing high prices to military 
customers and, in an unfortunate spiral, decreasing utilization of the 
arsenals. ASPI is intended to help bring in commercial firms to use the 
available workforce, buildings, and equipment and help pay for their 
costs.
  ASPI was first passed in the fiscal year 01 Defense Authorization 
bill as a two-year pilot program. It was funded for the first time last 
year with $7.5 million in the fiscal year 02 Defense Appropriations 
bill. This has not given enough time to get the program fully underway. 
Thus this amendment would extend the program for two additional years, 
through 2004. It also would update reporting requirements to help 
Congress evaluate the program.
  The arsenals have never been more important to our military 
capabilities and have never faced more difficult

[[Page 10944]]

times. Rock Island Arsenal has a highly skilled and dedicated 
workforce, impressive manufacturing capabilities, and a great history 
of service, but is not being used enough. I am pleased that this bill 
has funding for the unutilized capacity, but even better, this 
amendment should reduce the need for such funds in the future. I have 
every hope that ASPI will be as successful as the ARMS initiative, and 
will help Rock Island Arsenal thrive in its mission to protect the 
national security. I am pleased that Chairman Levin has agreed to 
accept this amendment, and as it is identical to a provision in the 
House bill, I hope it will soon be enacted into law.
  Mr. WARNER. Mr. President, I believe this has been cleared on the 
other side, and I urge its adoption.
  Mr. LEVIN. The amendment has been cleared.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3945) was agreed to.
  Mr. WARNER. I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3946

  Mr. LEVIN. Mr. President, on behalf of Senators Cleland and 
Hutchinson, I send an amendment to the desk which extends the term of 
the multiyear procurement of C-130J variants to 6 program years. I 
believe the amendment has been cleared.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Cleland and 
     Mr. Hutchinson, proposes an amendment numbered 3946.

  The amendment is as follows:

(Purpose: To authorize a 6-year period for a multiyear contract for the 
              procurement of C-130J aircraft and variants)

       On page 17, line 23, insert before the period the 
     following: ``, and except that, notwithstanding subsection 
     (k) of such section, such a contract may be for a period of 
     six program years''.

  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3946) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3947

  Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf 
of Senator Cleland, a technical amendment to clarify the rate paid to 
dependents using transferred benefits while the military sponsor is on 
active duty. I believe the amendment has been cleared by the other 
side.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Cleland, 
     proposes an amendment numbered 3947.

  The amendment is as follows:

   (Purpose: To clarify the rate of educational assistance under the 
Montgomery GI Bill for dependents transferred entitlement by members of 
                 the Armed Forces with critical skills)

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

     SEC. 655. RATE OF EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI 
                   BILL OF DEPENDENTS TRANSFERRED ENTITLEMENT BY 
                   MEMBERS OF THE ARMED FORCES WITH CRITICAL 
                   SKILLS.

       (a) Clarification.--Section 3020(h) of title 38, United 
     States Code, is amended--
       (1) in paragraph (2)--
       (A) by striking ``paragraphs (4) and (5)'' and inserting 
     ``paragraphs (5) and (6)''; and
       (B) by striking ``and at the same rate'';
       (2) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively; and
       (3) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3)(A) Subject to subparagraph (B), the monthly rate of 
     educational assistance payable to a dependent to whom 
     entitlement is transferred under this section shall be the 
     monthly amount payable under sections 3015 and 3022 of this 
     title to the individual making the transfer.
       ``(B) The monthly rate of assistance payable to a dependent 
     under subparagraph (A) shall be subject to the provisions of 
     section 3032 of this title, except that the provisions of 
     subsection (a)(1) of that section shall not apply even if the 
     individual making the transfer to the dependent under this 
     section is on active duty during all or any part of 
     enrollment period of the dependent in which such entitlement 
     is used.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     National Defense Authorization Act for Fiscal Year 2002 
     (Public Law 107-107), to which such amendments relate.

  Mr. WARNER. Mr. President, it has been cleared on this side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3947) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3948

  Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf 
of Senator Cleland, which would repeal a 10-percent limitation on 
authority to grant officers in grades below brigadier general and rear 
admiral (lower half) a waiver of the required sequence of joint 
professional military education and joint duty assignment.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Cleland, 
     proposes an amendment numbered 3948.

  The amendment is as follows:

  (Purpose: To repeal a limitation on authority to grant officers in 
  grades of colonel (or captain, in the case of the Navy) and below a 
    waiver of the required sequence of joint professional military 
                  education and joint duty assignment)

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

     SEC. 503. REPEAL OF LIMITATION ON AUTHORITY TO GRANT CERTAIN 
                   OFFICERS A WAIVER OF REQUIRED SEQUENCE FOR 
                   JOINT PROFESSIONAL MILITARY EDUCATION AND JOINT 
                   DUTY ASSIGNMENT.

       Section 661(c)(3)(D) of title 10, United States Code, is 
     amended by striking ``In the case of officers in grades below 
     brigadier general'' and all that follows through ``selected 
     for the joint specialty during that fiscal year.''.

  Mr. WARNER. Mr. President, this amendment has been cleared on this 
side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3948) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3949

  Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf 
of Senator Cleland, which would extend for 1 year the authority of the 
Secretary of Defense to contract with physicians to provide new-recruit 
physicals at military entrance processing stations.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Cleland, 
     proposes an amendment numbered 3949.

  The amendment is as follows:

  (Purpose: To extend temporary authority for entering into personal 
services contracts for the performance of health care responsibilities 
for the Armed Forces at locations other than military medical treatment 
                              facilities)

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

     SEC. 708. EXTENSION OF TEMPORARY AUTHORITY FOR ENTERING INTO 
                   PERSONAL SERVICES CONTRACTS FOR THE PERFORMANCE 
                   OF HEALTH CARE RESPONSIBILITIES FOR THE ARMED 
                   FORCES AT LOCATIONS OTHER THAN MILITARY MEDICAL 
                   TREATMENT FACILITIES.

       Section 1091(a)(2) of title 10, United States Code, is 
     amended by striking ``December 31, 2002'' and inserting 
     ``December 31, 2003''.

  Mr. WARNER. Mr. President, the amendment has been cleared on this 
side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3949) was agreed to.

[[Page 10945]]


  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3950

  Mr. LEVIN. Mr. President, I send an amendment to the desk on behalf 
of Senator Cleland, which would extend the temporary authority for 
recall of retired aviators to active duty to September 30, 2008.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for Mr. Cleland, 
     proposes an amendment numbered 3950.

  The amendment is as follows:

   (Purpose: To extend the temporary authority for recall of retired 
                               aviators)

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

     SEC. 503. EXTENSION OF TEMPORARY AUTHORITY FOR RECALL OF 
                   RETIRED AVIATORS.

       Section 501(e) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 589) is 
     amended by striking ``September 30, 2002'' and inserting 
     ``September 30, 2008''.

  Mr. WARNER. Mr. President, the amendment has been cleared on this 
side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3950) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3951

  Mr. LEVIN. Mr. President, on behalf of Senator Sessions and myself, I 
send an amendment to the desk which would authorize the Secretary of 
Defense to accept foreign gifts and donations for the Western 
Hemisphere Institute for Security Cooperation and would require the 
Secretary's annual report on the Institute to include the annual report 
of the board of visitors. I send the amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin], for himself and Mr. 
     Sessions, proposes an amendment numbered 3951.

  The amendment is as follows:

(Purpose: To authorize the Secretary of Defense to accept foreign gifts 
    and donations for the Western Hemisphere Institute for Security 
   Cooperation, and to require the Secretary's annual report on the 
 Institute to include the annual report of the Board of Visitor's for 
                             the Institute)

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

     SEC. 905. WESTERN HEMISPHERE INSTITUTE FOR SECURITY 
                   COOPERATION.

       (a) Authority To Accept Foreign Gifts and Donations.--
     Section 2166 of title 10, United States Code, is amended--
       (1) by redesignating subsections (f), (g), and (h), as 
     subsections (g), (h), and (i), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Authority To Accept Foreign Gifts and Donations.--(1) 
     The Secretary of Defense may, on behalf of the Institute, 
     accept foreign gifts or donations in order to defray the 
     costs of, or enhance the operation of, the Institute.
       ``(2) Funds received by the Secretary under paragraph (1) 
     shall be credited to appropriations available for the 
     Department of Defense for the Institute. Funds so credited 
     shall be merged with the appropriations to which credited and 
     shall be available for the Institute for the same purposes 
     and same period as the appropriations with which merged.
       ``(3) The Secretary of Defense shall notify Congress if the 
     total amount of money accepted under paragraph (1) exceeds 
     $1,000,000 in any fiscal year. Any such notice shall list 
     each of the contributors of such money and the amount of each 
     contribution in such fiscal year.
       ``(4) For the purposes of this subsection, a foreign gift 
     or donation is a gift or donation of funds, materials 
     (including research materials), property, or services 
     (including lecture services and faculty services) from a 
     foreign government, a foundation or other charitable 
     organization in a foreign country, or an individual in a 
     foreign country.''.
       (b) Content of Annual Report to Congress.--Subsection (i) 
     of such section, as redesignated by subsection (a)(1), is 
     amended by inserting after the first sentence the following: 
     ``The report shall include a copy of the latest report of the 
     Board of Visitors received by the Secretary under subsection 
     (e)(5), together with any comments of the Secretary on the 
     Board's report.''.

  Mr. LEVIN. Mr. President, the amendment that I am offering, along 
with Senator Sessions, deals with two issues relating to the Western 
Hemisphere Institute for Security Cooperation. Both of these issues 
came to light during the first ever meeting of the Board of Visitors of 
the Institute. Both Senator Sessions and I are members of the Board.
  During the first Board meeting, which incidentally was an 
organizational meeting, the Board was informed that there was a 
question as to the authority of the Secretary of Defense to accept 
foreign gifts or donations, including lecture services and faculty 
services, on behalf of the Institute. The Board was further informed 
that the loss of the foreign faculty instructors would severely hamper 
the ability of the Institute to perform its mission.
  Additionally, the Board of Visitors learned that its annual report to 
the Secretary of Defense would not necessarily be submitted to 
Congress. The Board considered that its annual report, which would 
include its views and recommendations pertaining to the Institute, 
including the curriculum, instruction, physical equipment, fiscal 
affairs, and academic matters, should be submitted to Congress by the 
Secretary of Defense along with the Secretary's comments.
  Accordingly, the amendment we are offering would authorize the 
Secretary of Defense to accept foreign gifts and donations for the 
Institute, and would require the Secretary of Defense's annual report 
to Congress on the Institute to include the annual report of the Board 
of Visitors along with the Secretary's comments on the Board's report. 
I ask my colleagues for their support for this amendment.
  Mr. WARNER. Mr. President, it has been cleared on this side.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 3951) was agreed to.
  Mr. LEVIN. I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LEVIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________