[Congressional Record (Bound Edition), Volume 148 (2002), Part 8]
[Senate]
[Pages 11025-11028]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3952. Mr. NELSON of Florida (for himself, Mr. McCain, Mr. Cleland, 
and Mr. Roberts) submitted an amendment intended to be proposed by him 
to the bill S. 2514, to authorize appropriations for fiscal year 2003 
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 E of title X, add the following:

     SEC. 1065. DISCLOSURE OF INFORMATION ON SHIPBOARD HAZARD AND 
                   DEFENSE PROJECT TO DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) Plan for Disclosure of Information.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to Congress and the 
     Secretary of Veterans Affairs a comprehensive plan for the 
     review, declassification, and submittal to the Department of 
     Veterans Affairs of all medical records and information of 
     the Department of Defense on the Shipboard Hazard and Defense 
     (SHAD) project of the Navy that are relevant to the provision 
     of benefits by the Secretary of Veterans Affairs to members 
     of the Armed Forces who participated in that project.
       (b) Plan Requirements.--(1) The records and information 
     covered by the plan under subsection (a) shall be the records 
     and information necessary to permit the identification of 
     members of the Armed Forces who were or may have been exposed 
     to chemical or biological agents as a result of the Shipboard 
     Hazard and Defense project.
       (2) The plan shall provide for completion of all activities 
     contemplated by the plan not later than one year after the 
     date of the enactment of this Act.
       (c) Reports on Implementation.--(1) Not later than 90 days 
     after the date of the enactment of this Act, and every 90 
     days thereafter until completion of all activities 
     contemplated by the plan under subsection (a), the Secretary 
     of Defense shall submit to Congress and the Secretary of 
     Veterans Affairs a report on progress in the implementation 
     of the plan during the 90-day period ending on the date of 
     such report.
       (2) Each report under paragraph (1) shall include, for the 
     period covered by such report--
       (A) the number of records reviewed;
       (B) each test, if any, under the Shipboard Hazard and 
     Defense project identified during such review;
       (C) for each test so identified--
       (i) the test name;
       (ii) the test objective;
       (iii) the chemical or biological agent or agents involved; 
     and
       (iv) the number of members of the Armed Forces, and 
     civilian personnel, potentially effected by such test; and
       (D) the extent of submittal of records and information to 
     the Secretary of Veterans Affairs under this section.
                                  ____

  SA 3953. Mr. LEVIN (for himself and Mr. Warner) proposed an amendment 
to the bill S. 2514, to authorize appropriations for fiscal year 2003 
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; as follows:

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

     SEC. 346. TWO-YEAR EXTENSION OF AUTHORITY OF THE SECRETARY OF 
                   DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS 
                   SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES 
                   ABROAD.

       Section 431(a) of title 10, United States Code, is amended 
     by striking ``December 31, 2002'' in the second sentence and 
     inserting ``December 31, 2004''.
                                  ____

  SA 3954. Mr. LEVIN (for Mr. Nelson of Florida (for himself and Mr. 
Allard)) proposed an amendment to the bill S. 2514, to authorize 
appropriations for fiscal year 2003 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; as follows:

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

     SEC. 135. SENSE OF CONGRESS REGARDING ASSURED ACCESS TO 
                   SPACE.

       (a) Findings.--Congress makes the following findings:
       (1) Assured access to space is a vital national security 
     interest of the United States.
       (2) The Evolved Expendable Launch Vehicle program of the 
     Department of Defense is a critical element of the 
     Department's plans for assuring United States access to 
     space.
       (3) Significant contractions in the commercial space launch 
     marketplace have eroded the overall viability of the United 
     States space launch industrial base and could hamper the 
     ability of the Department of Defense to provide assured 
     access to space in the future.
       (4) The continuing viability of the United States space 
     launch industrial base is a critical element of any strategy 
     to ensure the long-term ability of the United States to 
     assure access to space.
       (5) The Under Secretary of the Air Force, as acquisition 
     executive for space programs in the Department of Defense, 
     has been authorized to develop a strategy to address United 
     States space launch and assured access to space requirements.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Under Secretary of the Air Force should--
       (1) evaluate all options for sustaining the United States 
     space launch industrial base;

[[Page 11026]]

       (2) develop an integrated, long-range, and adequately 
     funded plan for assuring United States access to space; and
       (3) submit to Congress a report on the plan at the earliest 
     opportunity practicable.
                                  ____

  SA 3955. Mr. WARNER (for Mrs. Hutchison) proposed an amendment to the 
bill S. 2514, to authorize appropriations for fiscal year 2003 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; as follows:

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

     SEC. 2829. LAND CONVEYANCE, FORT HOOD, TEXAS.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Veterans Land Board of 
     the State of Texas (in this section referred to as the 
     ``Board''), all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, consisting of approximately 174 acres 
     at Fort Hood, Texas, for the purpose of permitting the Board 
     to establish a State-run cemetery for veterans.
       (b) Reversionary Interest.--(1) If at the end of the five-
     year period beginning on the date of the conveyance 
     authorized by subsection (a), the Secretary determines that 
     the property conveyed under that subsection is not being used 
     for the purpose specified in that subsection, all right, 
     title, and interest in and to the property, including any 
     improvements thereon, shall revert to the United States, and 
     the United States shall have the right of immediate entry 
     thereon.
       (2) Any determination of the Secretary under this 
     subsection shall be made on the record after an opportunity 
     for a hearing.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the Board.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                  ____

  SA 3956. Mr. LEVIN (for Mr. Akaka) (for himself and Mr. Inhofe)) 
proposed an amendment to the bill S. 2514, to authorize appropriations 
for fiscal year 2003 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; as follows:

       At the end of title XXIII, add the following:

     SEC. 2305. AUTHORITY FOR USE OF MILITARY CONSTRUCTION FUNDS 
                   FOR CONSTRUCTION OF PUBLIC ROAD NEAR AVIANO AIR 
                   BASE, ITALY, CLOSED FOR FORCE PROTECTION 
                   PURPOSES.

       (a) Authority To Use Funds.--The Secretary of the Air Force 
     may, using amounts authorized to be appropriated by section 
     2301(b), carry out a project to provide a public road, and 
     associated improvements, to replace a public road adjacent to 
     Aviano Air Base, Italy, that has been closed for force 
     protection purposes.
       (b) Scope of Authority.--(1) The authority of the Secretary 
     to carry out the project referred to in subsection (a) shall 
     include authority as follows:
       (A) To acquire property for the project for transfer to a 
     host nation authority.
       (B) To provide funds to a host nation authority to acquire 
     property for the project.
       (C) To make a contribution to a host nation authority for 
     purposes of carrying out the project.
       (D) To provide vehicle and pedestrian access to landowners 
     effected by the project.
       (2) The acquisition of property using authority in 
     subparagraph (A) or (B) of paragraph (1) may be made 
     regardless of whether or not ownership of such property will 
     vest in the United States.
       (c) Inapplicability of Certain Real Property Management 
     Requirement.--Section 2672(a)(1)(B) of title 10, United 
     States Code, shall not apply with respect to any acquisition 
     of interests in land for purposes of the project authorized 
     by subsection (a).
                                  ____

  SA 3957. Mr. LEVIN (for Mr. Akaka (for himself and Mr. Inhofe)) 
proposed an amendment to the bill S. 2514, to authorize appropriations 
for fiscal year 2003 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; as follows;

       In the first table in section 2702(b), insert after the 
     item relating to Tinker Air Force Base, Oklahoma, the 
     following:


----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Texas...................................  Lackland Air Force Base....  Dormitory................      $5,300,000
----------------------------------------------------------------------------------------------------------------

                                                                                                  
                                  ____
  SA 3958. Mr. LEVIN (for Mr. Akaka (for himself and Mr. Inhofe)) 
proposed an amendment to the bill S. 2514, to authorize appropriations 
for fiscal year 2003 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; as follows;

       On page 336, beginning on line 10, strike ``188 housing 
     units'' and insert ``133 housing units''.
                                  ____

  SA 3959. Mr. LEVIN (for Mr. Akaka (for himself and Mr. Inhofe)) 
proposed an amendment to the bill S. 2514, to authorize appropriations 
for fiscal year 2003 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; as follows;

       In the table in section 2101(b), strike the item relating 
     to Landsthul, Germany, and insert the following new item:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                    Landstuhl...........      $2,400,000
------------------------------------------------------------------------

       In the table in section 2101(b), strike the item relating 
     to Camp Walker, Korea, and insert the following new item:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                    Camp Henry..........     $10,200,000
------------------------------------------------------------------------

                                                          
                                  ____
       SA 3960. Mr. LEVIN (for Mr. Akaka (for himself and Mr. 
     Inhofe)) proposed an amendment to the bill S. 2514, to 
     authorize appropriations for fiscal year 2003 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; as follows:

       At the end of title XXI, add the following:

     SEC. 2109. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2001 PROJECT.

       The table in section 2101(b) of the Military Construction 
     Authorization Act for Fiscal Year 2001 (division B 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-390) is amended by striking ``Camp Page'' in the 
     installation or location column and inserting ``Camp 
     Stanley''.
                                  ____

  SA 3961. Mr. LEVIN (for Mrs. Clinton (for herself and Mr. Schumer) 
proposed an amendment to the bill S. 2514 to authorize appropriations 
for fiscal year 2003 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; as follows:

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

     SEC. 2803. MODIFICATION OF LEASE AUTHORITIES UNDER 
                   ALTERNATIVE AUTHORITY FOR ACQUISITION AND 
                   IMPROVEMENT OF MILITARY HOUSING.

       (a) Leasing of Housing.--Subsection (a) of section 2874 of 
     title 10, United States Code, is amended to read as follows:
       ``(a) Lease Authorized.--(1) The Secretary concerned may 
     enter into contracts for the lease of housing units that the 
     Secretary determines are suitable for use as military family 
     housing or military unaccompanied housing.
       ``(2) The Secretary concerned shall utilize housing units 
     leased under paragraph (1) as military family housing or 
     military unaccompanied housing, as appropriate.''.
       (b) Repeal of Interim Lease Authority.--Section 2879 of 
     such title is repealed.
       (c) Conforming and Clerical Amendments.--(1) The heading 
     for section 2874 of such title is amended to read as follows:

     ``Sec. 2874. Leasing of housing''.

       (2) The table of sections at the beginning of subchapter IV 
     of chapter 169 of such title is amended--
       (A) by striking the item relating to section 2874 and 
     inserting the following new item:

``2874. Leasing of housing.''; and


[[Page 11027]]


       (B) by striking the item relating to section 2879.
                                  ____

  SA 3962. Mr. SARBANES submitted an amendment intended to be proposed 
by him to the bill S. 2514, to authorize appropriations for fiscal year 
2003 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 E of title X, add the following:

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

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

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

       (2) by inserting the following:

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

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

     ``Sec. 120101. Organization

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

     ``Sec. 120102. Purposes

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

     ``Sec. 120103. Membership

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

     ``Sec. 120104. Governing body

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

     ``Sec. 120105. Powers

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

     ``Sec. 120106. Restrictions

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

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

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

     ``Sec. 120108. Records and inspection

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

     ``Sec. 120109. Service of process

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

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

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

     ``Sec. 120111. Annual report

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

120101''.ean War Veterans Association, Incorporated..................
                                  ____


  SA 3963. Mrs. FEINSTEIN (for herself and Mr. Stevens) submitted an 
amendment intended to be proposed by her to the bill S. 2514, to 
authorize appropriations for fiscal year 2003 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 34, after line 23, insert the following.

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

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

  SA 3964. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2514, to authorize appropriations for 
fiscal year 2003 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 34, after line 23, insert the following:

     SEC. 226. OPERATIONAL TEST AND EVALUATION OF SYSTEMS BEFORE 
                   DEPLOYMENT.

       It is the sense of Congress that the United States should 
     not deploy a national missile defense system until--
       (1) operational tests of a fully integrated version of the 
     system have been conducted utilizing realistic test 
     parameters; and
       (2) the operational tests have demonstrated, in a manner 
     consistent with the provisions of section 2399 of title 10, 
     United States Code, that the system, whether part of a fully 
     integrated system or an emergency deployment, is 
     operationally effective and suitable for use in combat.
                                  ____

  SA 3965. Mr. THOMPSON (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 2514, to 
authorize appropriations for fiscal year 2003 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 C of title X, add the following:

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

       (a) Reports.--Not later than six months after the date of 
     the enactment of this Act, and every six months thereafter, 
     the President shall submit to Congress a report identifying 
     each foreign person that, during the

[[Page 11028]]

     six-month period ending on the date of such report, made a 
     material contribution to the development by a country of 
     proliferation concern of--
       (1) nuclear, biological, or chemical weapons; or
       (2) ballistic or cruise missile systems.
       (b) Form of Submittal.--(1) A report under subsection (a) 
     may be submitted in classified form, whether in whole or in 
     part, if the President determines that submittal in that form 
     is advisable.
       (2) Any portion of a report under subsection (a) that is 
     submitted in classified form shall be accompanied by an 
     unclassified summary of such portion.
       (c) Definitions.--In this section:
       (1) The term ``foreign person'' means--
       (A) a natural person that is an alien;
       (B) a corporation, business association, partnership, 
     society, trust, or any other nongovernmental entity, 
     organization, or group that is organized under the laws of a 
     foreign country or has its principal place of business in a 
     foreign country;
       (C) any foreign governmental entity operating as a business 
     enterprise; and
       (D) any successor, subunit, or subsidiary of any entity 
     described in subparagraph (B) or (C).
       (2) The term ``country of proliferation concern'' means any 
     country identified by the Director of Central Intelligence as 
     having engaged in the acquisition of dual-use and other 
     technology useful for the development or production of 
     weapons of mass destruction (including nuclear, chemical, and 
     biological weapons) and advanced conventional munitions in 
     the most current report under section 721 of the Combatting 
     Proliferation of Weapons of Mass Destruction Act of 1996 
     (title VII of Public Law 104-293; 50 U.S.C. 2366), or any 
     successor report on the acquisition by foreign countries of 
     dual-use and other technology useful for the development or 
     production of weapons of mass destruction.

                          ____________________