[Congressional Record (Bound Edition), Volume 148 (2002), Part 8]
[Senate]
[Pages 11554-11563]
[From the U.S. Government Publishing Office, www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2003--Continued


                    Amendment No. 4111, As Modified

  Mr. REID. Mr. President, I ask unanimous consent the previously 
agreed to Lott amendment, No. 4111, be modified with the changes that 
are now at the desk.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 4111), as modified, is as follows:

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

     SEC. 503. REINSTATEMENT OF AUTHORITY TO REDUCE SERVICE 
                   REQUIREMENT FOR RETIREMENT IN GRADES ABOVE O-4

       (a) Officers on Active Duty.--Subsection (a)(2)(A) of 
     section 1370 of title 10, United States Code, is amended--
       (1) by striking ``may authorize'' and all that follows and 
     inserting ``may, in the case of retirements effective during 
     the period beginning on September 1, 2002, and ending on 
     December 31, 2004, authorize--''; and
       (2) by adding at the end the following:
       ``(1) the Deputy Under Secretary of Defense for Personnel 
     and Readiness to reduce such 3-year period of required 
     service to a period not less than two years for retirements 
     in grades above colonel or, in the case of the Navy, captain; 
     and
       ``(2) the Secretary of a military department or the 
     Assistant Secretary of a military department having 
     responsibility for manpower and reserve affairs to reduce 
     such 3-year period to a period of required service not less 
     than two years for retirements in grades of lieutenant 
     colonel and colonel or, in the case of the Navy, commander 
     and captain.''.
       (b) Reserve Officers.--Subsection (d)(5) of such section is 
     amended--
       (1) in the first sentence--
       (A) by striking ``may authorize'' and all that follows and 
     inserting ``may, in the case of retirements effective during 
     the period beginning on September 1, 2002, and ending on 
     December 31, 2004, authorize--''; and
       (B) by adding at the end the following:
       ``(A) the Deputy Under Secretary of Defense for Personnel 
     and Readiness to reduce such 3-year period of required 
     service to a period not less than two years for retirements 
     in grades above colonel or, in the case of the Navy, captain; 
     and
       ``(B) the Secretary of a military department or the 
     Assistant Secretary of a military department having 
     responsibility for manpower and reserve affairs to reduce 
     such 3-year period of required service to a period not less 
     than two years for retirements in grades of lieutenant 
     colonel and colonel or, in the case of the Navy, commander 
     and captain.'';
       (2) by designating the second sentence as paragraph (6) and 
     realigning such paragraph, as so redesignated 2 ems from the 
     left margin; and
       (3) in paragraph (6), as so redesignated, by striking 
     ``this paragraph'' and inserting ``paragraph (5)''.
       (c) Advance Notice to the President and Congress.--Such 
     section is further amended by adding at the end the following 
     new subsection:
       ``(e) Advance Notice to Congress.--(1) The Secretary of 
     Defense shall notify the Committees on Armed Services of the 
     Senate and House of Representatives of--
       ``(A) an exercise of authority under paragraph (2)(A) of 
     subsection (a) to reduce the 3-year minimum period of 
     required service on active duty in a grade in the case of an 
     officer to whom such paragraph applies before the officer is 
     retired in such grade under such subsection without having 
     satisfied that 3-year service requirement; and
       ``(B) an exercise of authority under paragraph (5) of 
     subsection (d) to reduce the 3-year minimum period of service 
     in grade required under paragraph (3)(A) of such subsection 
     in the case of an officer to whom such paragraph applies 
     before the officer is credited with satisfactory service in 
     such grade under subsection (d) without having satisfied that 
     3-year service requirement.
       ``(2) The requirement for a notification under paragraph 
     (1) is satisfied in the case of an officer to whom subsection 
     (c) applies if the notification is included in the 
     certification submitted with respect to such officer under 
     paragraph (1) of such subsection.
       ``(3) The notification requirement under paragraph (1) does 
     not apply to an officer being retired in the grade of 
     lieutenant colonel or colonel or, in the case of the Navy, 
     commander or captain.''.


               Amendments Nos. 4117 through 4163, En Bloc

  Mr. REID. Mr. President, I ask unanimous consent that it be in order 
for the Senate to consider, en bloc, the amendments that are at the 
desk; that

[[Page 11555]]

the amendments be considered and agreed to, en bloc; that the motion to 
reconsider be laid on the table, en bloc, and that the consideration of 
these amendments appear separately in the Record.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendments were agreed to en bloc, as follows:


                           AMENDMENT NO. 4117

(Purpose: To provide an amount for lift support for mine warfare ships 
                           and other vessels)

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

     SEC. 346. LIFT SUPPORT FOR MINE WARFARE SHIPS AND OTHER 
                   VESSELS.

       (a) Amount.--Of the amount authorized to be appropriated by 
     section 302(2), $10,000,000 shall be available for 
     implementing the recommendations resulting from the Navy's 
     Non-Self Deployable Watercraft (NDSW) Study and the Joint 
     Chiefs of Staff Focused Logistics Study, which are to 
     determine the requirements of the Navy for providing lift 
     support for mine warfare ships and other vessels.
       (b) Offsetting Reduction.--Of the amount authorized to be 
     appropriated by section 302(2), the amount provided for the 
     procurement of mine countermeasures ships cradles is hereby 
     reduced by $10,000,000.
                                  ____



                           AMENDMENT NO. 4118

(Purpose: To add an amount for the Navy Data Conversion and Management 
 Laboratory to support data conversion activities for the Navy, and to 
                           provide an offset)

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

     SEC. 346. NAVY DATA CONVERSION ACTIVITIES.

       (a) Amount for Activities.--The amount authorized to be 
     appropriated by section 301(a)(2) is hereby increased by 
     $2,000,000. The total amount of such increase may be 
     available for the Navy Data Conversion and Management 
     Laboratory to support data conversion activities for the 
     Navy.
       (b) Offset.--The amount authorized to be appropriated by 
     section 301(a)(1) is hereby reduced by $2,000,000 to reflect 
     a reduction in the utilities privatization efforts previously 
     planned by the Army.
                                  ____



                           AMENDMENT NO. 4119

(Purpose: To require a report on efforts to ensure the adequacy of fire 
               fighting staffs at military installations)

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

     SEC. 1035. REPORT ON EFFORTS TO ENSURE ADEQUACY OF FIRE 
                   FIGHTING STAFFS AT MILITARY INSTALLATIONS.

       Not later than Mary 31, 2003, the Secretary of Defense 
     shall submit to Congress a report on the actions being 
     undertaken to ensure that the fire fighting staffs at 
     military installations are adequate under applicable 
     Department of Defense regulations.
                                  ____



                           anendment no. 4120

 (Purpose: To set aside $1,500,000 for the Navy Pilot Human Resources 
                      Call Center, Cutler, Maine)

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

     SEC. 305. NAVY PILOT HUMAN RESOURCES CALL CENTER, CUTLER, 
                   MAINE.

       Of the amount authorized to be appropriated by section 
     301(a)(2) for operation and maintenance for the Navy, 
     $1,500,000 may be available for the Navy Pilot Human 
     Resources Call Center, Cutler, Maine.
                                  ____



                           AMENDMENT NO. 4121

   (Purpose: To authorize, with an offset, $9,000,000 for a military 
 construction project for the Army National Guard for a Reserve Center 
                        in Lane County, Oregon)

       At the end of title XXVI, add the following:

     SEC. 2602. ARMY NATIONAL GUARD RESERVE CENTER, LANE COUNTY, 
                   OREGON.

       (a) Increase in Authorization of Appropriations.--The 
     amount authorized to be appropriated by section 2601(1)(A) 
     for the Army National Guard of the United States is hereby 
     increased by $9,000,000.
       (b) Availability.--(1) Of the amount authorized to be 
     appropriated by section 2601(1)(A) for the Army National 
     Guard of the United States, as increased by subsection (a), 
     $9,000,000 may be available for a military construction 
     project for a Reserve Center in Lane County, Oregon.
       (2) The amount available under paragraph (1) for the 
     military construction project referred to in that paragraph 
     is in addition to any other amounts available under this Act 
     for that project.
       (c) Offset.--(1) The amount authorized to be appropriated 
     by section 201(2) for research, development, test, and 
     evaluation for the Navy is hereby reduced by $2,500,000, with 
     the amount of the reduction to be allocated to Warfighter 
     Sustainment Advanced Technology (PE0603236N).
       (2) The amount authorized to be appropriated by section 
     301(a)(6) for operation and maintenance for the Army Reserve 
     is hereby reduced by $6,000,000, with the amount of the 
     reduction to be allocated to the Enhanced Secure 
     Communications Program.
                                  ____



                           AMENDMENT NO. 4122

(Purpose: To authorize a military construction project in the amount of 
   $3,580,000 for construction of a National Guard Readiness Center, 
                        Kosciusko, Mississippi)

       In section 301(a)(1), decrease the amount by $1,100,000.
       In section 2601(1)(A), increase the amount by $3,580,000.
       In section 2204(a)(5), reduce the amount by $2,000,000.
                                  ____



                           AMENDMENT NO. 4123

(Purpose: To authorize, with an offset, a military construction project 
   in the amount of $7,500,000 for construction of a new air traffic 
          control facility at Dover Air Force Base, Delaware)

       At the end of title XXIII, add the following:

     SEC. 2305. ADDITIONAL PROJECT AUTHORIZATION FOR AIR TRAFFIC 
                   CONTROL FACILITY AT DOVER AIR FORCE BASE, 
                   DELAWARE.

       (a) Project Authorized.--In addition to the projects 
     authorized by section 2301(a), the Secretary of the Air Force 
     may carry out carry out a military construction project, 
     including land acquisition relating thereto, for construction 
     of a new air traffic control facility at Dover Air Force 
     Base, Delaware, in the amount of $7,500,000.
       (b) Authorization of Appropriations.--The amount authorized 
     to be appropriated by section 2304(a), and by paragraph (1) 
     of that section, is hereby increased by $7,500,000.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(a)(10) for operation and maintenance for the Army 
     National Guard is hereby reduced by $7,500,000, with the 
     amount of the reduction to be allocated to the Classified 
     Network Program.
                                  ____



                           AMENDMENT NO. 4124

 (Purpose: To authorize, with an offset, $3,000,000 for a planning and 
  design for a new anechoic chamber at White Sands Missile Range, New 
                      Mexico (Project No. 56232))

       At the end of title XXI, add the following:

     SEC. 2109. PLANNING AND DESIGN FOR ANECHOIC CHAMBER AT WHITE 
                   SANDS MISSILE RANGE, NEW MEXICO.

       (a) Planning and Design.--The amount authorized to be 
     appropriated by section 2104(a)(5), for planning and design 
     for military construction for the Army is hereby increased by 
     $3,000,000, with the amount of the increase to be available 
     for planning and design for an anechoic chamber at White 
     Sands Missile Range, New Mexico.
       (b) Offset.--The amount authorized to be appropriated by 
     section 301(a)(1) for the Army for operation and maintenance 
     is hereby reduced by $3,000,000, with the amount of the 
     reduction to be allocated to Base Operations Support 
     (Servicewide Support).
                                  ____



                           AMENDMENT NO. 4125

    (Purpose: To authorize, with an offset, $10,000,000 for the Air 
  National Guard for a military construction project for a Composite 
    Support Facility for the 183rd Fighter Wing of the Illinois Air 
                            National Guard)

       In title XXVI, add at the end the following:

     SEC. 2602. ADDITIONAL PROJECT AUTHORIZATION FOR COMPOSITE 
                   SUPPORT FACILITY FOR ILLINOIS AIR NATIONAL 
                   GUARD.

       (a) Increase in Authorization of Appropriations.--The 
     amount authorized to be appropriated by section 2601(3)(A) 
     for the Air National Guard is hereby increased by 
     $10,000,000.
       (b) Availability.--Of the amount authorized to be 
     appropriated by section 2601(3)(A) for the Air National 
     Guard, as increased by subsection (a), $10,000,000 shall be 
     available for a military construction project for a Composite 
     Support Facility for the 183rd Fighter Wing of the Illinois 
     Air National Guard.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(a)(5) for operation and maintenance, defense-
     wide, is hereby reduced by $10,000,000, with the amount of 
     the reduction to be allocated to amounts available for the 
     Information Operations Program.
                                  ____



                           AMENDMENT NO. 4126

  (Purpose: To authorize $8,000,000 for the construction of a parking 
  garage at Walter Reed Army Medical Center, Washington, District of 
 Columbia, and to offset the amount with a reduction in operation and 
   maintenance for the Army in amounts available for Base Operations 
                     Support (Servicewide Support))

       In section 301(a)(1), strike ``$24,195,242,000'' and insert 
     ``$24,187,242,000''.

       In the table in section 2101(a), in the item relating to 
     Walter Reed Army Medical Center, District of Columbia, strike 
     ``$9,500,000'' in the amount column and insert 
     ``$17,500,000''.
       In the table in section 2101(a), strike the amount 
     identified as the total in the amount column and insert 
     ``$964,697,000''.
       In section 2104(a), strike ``$2,999,345,000'' in the matter 
     preceding paragraph (1) and insert ``$3,007,345,000''.

[[Page 11556]]

       In section 2104(a)(1), strike ``$750,497,000'' and insert 
     ``$758,497,000''.
                                  ____



                           AMENDMENT NO. 4127

(Purpose: To authorize a military construction project in the amount of 
$8,400,000 for the Air National Guard for completion of construction of 
the Composite Aviation Aircraft Maintenance Complex (PN#BKTZ989063) in 
Nashville, Tennessee, and to offset the authorization with a reduction 
 of $2,400,000 in operation and maintenance for the Army from amounts 
    available for Base Operations Support (Servicewide Support), a 
reduction of $3,000,000 in operation and maintenance for the Army from 
 amounts available for Recruiting and Advertising, and a reduction of 
$3,000,000 in operation and maintenance for the Air Force from amounts 
               available for Recruiting and Advertising)

       In section 301(a)(1), decrease the amount indicated by 
     $5,400,000.
       In section 301(a)(2), decrease the amount indicated by 
     $3,000,000.
       In section 2601(3)(A), add $8,400,000 to the amount 
     indicated.
                                  ____



                           AMENDMENT NO. 4128

  (Purpose: To authorize, with an offset, $15,200,000 for a military 
    construction project for the Air Force for consolidation of the 
materials computational research facility at Wright-Patterson Air Force 
                      Base, Ohio (PNZHTV033301A))

       At the end of title XXIII, add the following:

     SEC. 2305. AVAILABILITY OF FUNDS FOR CONSOLIDATION OF 
                   MATERIALS COMPUTATIONAL RESEARCH FACILITY AT 
                   WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

       (a) Availability.--Of the amount authorized to be 
     appropriated by section 2304(a), and paragraph (1) of that 
     section, for the Air Force and available for military 
     construction projects at Wright-Patterson Air Force Base, 
     Ohio, $15,200,000 may be available for a military 
     construction project for consolidation of the materials 
     computational research facility at Wright-Patterson Air Force 
     Base (PNZHTV033301A).
       (b) Offset.--(1) The amount authorized to be appropriated 
     by section 301(a)(4) for the Air Force for operation and 
     maintenance is hereby reduced by $2,800,000, with the amount 
     of the reduction to be allocated to Recruiting and 
     Advertising.
       (2) Of the amount authorized to be appropriated by section 
     2304(a), and paragraph (1) of that section, for the Air Force 
     and available for military construction projects at Wright-
     Patterson Air Force Base--
       (A) the amount available for a dormitory is hereby reduced 
     by $10,400,000; and
       (B) the amount available for construction of a Fully 
     Contained Small Arms Range Complex is hereby reduced by 
     $2,000,000.
                                  ____



                           amendment no. 4129

(Purpose: To authorize $2,000,000 for reasearch, development, test, and 
     evaluation for the Air Force for Support Systems Development 
    (PE0708611F) for Aging Aircraft and to offset the amount with a 
 reduction in research, development, test, and evaluation for the Navy 
from amounts available for Warfighting Sustainment Advanced Technology 
                             (PE0603236N))

       In section 201(2), strike ``$12, 929,135,000'' and insert 
     ``$12,927,135,000''.
       In section 201(3), strike ``$18,603,684,000'' and insert 
     ``$18,605,684,000''.
                                  ____



                           AMENDMENT NO. 4130

   (Purpose: To authorize, with an offset, $4,500,000 for research, 
    development, test, and evaluation for the Army for radar power 
                              technology)

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

     SEC. 214. RADAR POWER TECHNOLOGY FOR THE ARMY.

       (a) Increase in Authorization of Appropriations.--The 
     amount authorized to be appropriated by section 201(1) for 
     the Department of Defense for research, development, test, 
     and evaluation for the Army is hereby increased by 
     $4,500,000, with the amount of the increase to be allocated 
     to Army missile defense systems integration (DEM/VAL) 
     (PE0603308A).
       (b) Availability for Radar Power Technology.--(1) Of the 
     amount authorized to be appropriated by section 201(1) for 
     the Department of Defense for research, development, test, 
     and evaluation for the Army, as increased by subsection (a), 
     $4,500,000 shall be available for radar power technology.
       (2) The amount available under paragraph (1) for radar 
     power technology is in addition to any other amounts 
     available under this Act for such technology.
       (c) Offset.--The amount authorized to be appropriated by 
     section 201(2) for research, development, test, and 
     evaluation for the Navy is hereby reduced by $4,500,000, with 
     the amount of the reduction to be allocated to common picture 
     advanced technology (PE0603235N).
                                  ____



                           AMENDMENT NO. 4131

   (Purpose: To increase the amount provided for RDT&E, Defense-wide 
 activities, for critical infrastructure protection (PE 35190D8Z), and 
   to offset the increase by reducing the amount provided for RDT&E, 
 Defense-wide activities, for power projection advanced technology (PE 
                               63114N)).

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

     SEC. 214. CRITICAL INFRASTRUCTURE PROTECTION.

       (a) Amount for Program.--Of the amount authorized to be 
     appropriated in section 201(4), $4,500,000 may be available 
     for critical infrastructure protection (PE 35190D8Z).
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(2), the amount for power projection advanced 
     technology (PE 63114N) is hereby reduced by $4,500,000.
                                  ____



                           AMENDMENT NO. 4132

   (Purpose: To increase the amount for the Air Force for RDT&E for 
      wargaming and simulation centers, and to provide an offset)

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

     SEC. 214. THEATER AEROSPACE COMMAND AND CONTROL SIMULATION 
                   FACILITY UPGRADES.

       (a) Availability of Funds.--(1) The amount authorized to be 
     appropriated by section 201(3) for the Air Force for 
     wargaming and simulation centers (PE 0207605F) is increased 
     by $2,500,000. The total amount of the increase may be 
     available for Theater Aerospace Command and Control 
     Simulation Facility (TACCSF) upgrades.
       (2) The amount available under paragraph (1) for Theater 
     Aerospace Command and Control Simulation Facility upgrades is 
     in addition to any other amounts available under this Act for 
     such upgrades.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(2) for the Navy for Mine and Expeditionary 
     Warfare Applied Research (PE 0602782N) is reduced by 
     $2,500,000.
                                  ____



                           amendment no. 4133

       At the appropriate place insert the following:

     SEC.  . RUSSIAN TACTICAL NUCLEAR WEAPONS.

       (a) Findings.--
       The Congress makes the following findings:
       (1) Al Qaeda and other terrorist organizations, in addition 
     to rogue states, are known to be working to acquire weapons 
     of mass destruction, and particularly nuclear warheads.
       (2) The largest and least secure potential source of 
     nuclear warheads for terrorists or rogue states is Russia's 
     arsenal of non-strategic or ``tactical'' nuclear warheads, 
     which according to unclassified estimates numbers from 7,000 
     to 12,000 warheads. Security at Russian nuclear weapon 
     storage sites is insufficient, and tactical nuclear warheads 
     are more vulnerable to terrorist or rogue state acquisition 
     due to their smaller size, greater portability, and greater 
     numbers compared to Russian strategic nuclear weapons.
       (3) Russia's tactical nuclear warheads were not covered by 
     the START treaties or the recent Moscow Treaty. Russia is not 
     legally bound to reduce its tactical nuclear stockpile and 
     the United States has no inspection rights regarding Russia's 
     tactical nuclear arsenal.
       (b) Sense of the Senate.--
       (1) One of the most likely nuclear weapon attack scenarios 
     against the United States would involve detonation of a 
     stolen Russian tactical nuclear warhead smuggled into the 
     country.
       (2) It is a top national security priority of the United 
     States to accelerate efforts to account for, secure, and 
     reduce Russia's stockpile of tactical nuclear warheads and 
     associated fissile material.
       (3) This imminent threat warrants a special non-
     proliferation initiative.
       (c) Report.--
       Not later than 30 days after enactment of this act, the 
     President shall report to Congress on efforts to reduce the 
     particular threats associated with Russia's tactical nuclear 
     arsenal and the outlines of a special initiative related to 
     reducing the threat from Russia's tactical nuclear stockpile.
                                  ____



                           amendment no. 4134

   (Purpose: to authorize, with an offset, $2,500,000 for research, 
 development, test, and evaluation for the Navy for the DDG optimized 
                          manning initiative)

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

     SEC. 214. DDG OPTIMIZED MANNING INITIATIVE.

       (a) Increase in Authorization of Appropriations.--The 
     amount authorized to be appropriated by section 201(2) for 
     research, development, test, and evaluation for the Navy is 
     hereby increased by $2,500,000, with the amount of the 
     increase to be allocated to surface combatant combat system 
     engineering (PE0604307N).
       (b) Availability.--(1) Of the amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy, as increased by subsection 
     (a), $2,500,000 may be available for the DDG optimized 
     manning initiative.
       (2) The amount available under paragraph (1) for the 
     initiative referred to in that paragraph is in addition to 
     any other amounts available under this Act for that 
     initiative.
       (c) Offset.--The amount authorized to be appropriated by 
     section 201(1) for research,

[[Page 11557]]

     development, test, and evaluation for Artillery Systems-Dem/
     Val, PE0603854A, by $2,500,000.
                                  ____



                           amendment no. 4135

    (Purpose: To prohibit the use of authorized funds for research, 
 development, test, evaluation, procurement, or deployment of nuclear 
            armed interceptors of a missile defense system)

       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.
                                  ____



                           amendment no. 4136

  (Purpose: To add $1,000,000 for Defense-Wide RDT&E for key enabling 
  robotics technologies for the support of Army, Navy, and Air Force 
 robotic and unmanned military platforms (PE 604709D8Z), and to offset 
  the increase by reducing the amount provided for the Navy for other 
    procurement for gun fire control equipment, SPQ-9B solid state 
                      transmitter, by $1,000,000)

       On page 24, line 2, increase the first amount by 
     $1,000,000.
       On page 14, line 5, reduce the amount by $1,000,000.
                                  ____



                           Amendment No. 4137

     (Purpose: To prohibit denial of TRICARE services to a covered 
  beneficiary receiving medical care from the Department of Veterans 
                  Affairs under certain circumstances)

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

     SEC. 708. HEALTH CARE UNDER TRICARE FOR TRICARE BENEFICIARIES 
                   RECEIVING MEDICAL CARE AS VETERANS FROM THE 
                   DEPARTMENT OF VETERANS AFFAIRS.

       Section 1097 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) Persons Receiving Medical Care From the Department of 
     Veterans Affairs.--A covered beneficiary who is enrolled in 
     and seeks care under the TRICARE program may not be denied 
     such care on the ground that the covered beneficiary is 
     receiving health care from the Department of Veterans Affairs 
     on an ongoing basis if the Department of Veterans Affairs 
     cannot provide the covered beneficiary with the particular 
     care sought by the covered beneficiary within the maximum 
     period provided in the access to care standards that are 
     applicable to that particular care under TRICARE program 
     policy.''.
                                  ____



                           Amendment No. 4138

   (Purpose: To authorize, with an offset, $1,000,000 for research, 
     development, test, and evaluation, defense-wide, for In-House 
Laboratory Independent Research (PE0601103D8Z) for research, analysis, 
 and assessment of efforts to counter potential agroterrorist attacks)

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

     SEC. 214. AGROTERRORIST ATTACKS.

       (a) Availability.--(1) Of the amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation, defense-wide, the amount available for 
     basic research for the Chemical and Biological Defense 
     Program (PE0601384BP) is hereby increased by $1,000,000, with 
     the amount of such increase to be available for research, 
     analysis, and assessment of efforts to counter potential 
     agroterrorist attacks.
       (2) The amount available under paragraph (1) for research, 
     analysis, and assessment described in that paragraph is in 
     addition to any other amounts available in this Act for such 
     research, analysis, and assessment.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide, the amount available for biological 
     terrorism and agroterrorism risk assessment and prediction in 
     the program element relating to the Chemical and Biological 
     Defense Program (PE0603384BP) is hereby reduced by 
     $1,000,000.
                                  ____



                           Amendment No. 4139

(Purpose: To authorize the Secretary of Defense to pay monetary rewards 
                 for assistance in combating terrorism)

       On page 258, after line 24, insert the following:

     SEC. 1065. REWARDS FOR ASSISTANCE IN COMBATING TERRORISM.

       (a) Authority.--Chapter 3 of title 10, United States Code, 
     is amended by inserting after section 127a the following new 
     section:

     ``Sec. 127b. Rewards for assistance in combating terrorism

       ``(a) Authority.--The Secretary of Defense may pay a 
     monetary reward to a person for providing United States 
     personnel with information or nonlethal assistance that is 
     beneficial to--
       ``(1) an operation of the armed forces conducted outside 
     the United States against international terrorism; or
       ``(2) force protection of the armed forces.
       ``(b) Maximum Amount.--The amount of a reward paid to a 
     recipient under this section may not exceed $200,000.
       ``(c) Delegation to Commander of Combatant Command.--(1) 
     The Secretary of Defense may delegate to the commander of a 
     combatant command authority to pay a reward under this 
     section in an amount not in excess of $50,000.
       ``(2) A commander to whom authority to pay rewards is 
     delegated under paragraph (1) may further delegate authority 
     to pay a reward under this section in an amount not in excess 
     of $2,500.
       ``(c) Coordination.--(1) The Secretary of Defense, in 
     consultation with the Secretary of State and the Attorney 
     General, shall prescribe policies and procedures for offering 
     and paying rewards under this section, and otherwise for 
     administering the authority under this section, that ensure 
     that the payment of a reward under this section does not 
     duplicate or interfere with the payment of a reward 
     authorized by the Secretary of State or the Attorney General.
       ``(2) The Secretary of Defense shall coordinate with the 
     Secretary of State regarding any payment of a reward in 
     excess of $100,000 under this section.
       ``(d) Persons Not Eligible.--The following persons are not 
     eligible to receive an award under this section:
       ``(1) A citizen of the United States.
       ``(2) An employee of the United States.
       ``(3) An employee of a contractor of the United States.
       ``(e) Annual Report.--(1) Not later than 60 days after the 
     end of each fiscal year, the Secretary of Defense shall 
     submit to the Committees on Armed Services and the Committees 
     on Appropriations of the Senate and the House of 
     Representatives a report on the administration of the rewards 
     program during that fiscal year.
       ``(2) The report for a fiscal year shall include 
     information on the total amount expended during that fiscal 
     year to carry out this section, including--
       ``(A) a specification of the amount, if any, expended to 
     publicize the availability of rewards; and
       ``(B) with respect to each award paid during that fiscal 
     year--
       ``(i) the amount of the reward;
       ``(ii) the recipient of the reward; and
       ``(iii) a description of the information or assistance for 
     which the reward was paid, together with an assessment of the 
     significance of the information or assistance.
       ``(3) The Secretary may submit the report in classified 
     form if the Secretary determines that it is necessary to do 
     so.
       ``(f) Determinations by the Secretary.--A determination by 
     the Secretary under this section shall be final and 
     conclusive and shall not be subject to judicial review.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 127a the following new item:

``127b. Rewards for assistance in combating terrorism.''.
                                  ____



                           Amendment No. 4140

 (Purpose: To establish the position of Under Secretary of Defense for 
                             Intelligence)

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

     SEC. 905. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE.

       (a) Establishment of Position.--Chapter 4 of title 10, 
     United States Code, is amended--
       (1) by transferring section 137 within such chapter to 
     appear following section 138;
       (2) by redesignating sections 137 and 139 as sections 139 
     and 139a, respectively; and
       (3) by inserting after section 136a the following new 
     section 137:

     ``Sec. 137. Under Secretary of Defense for Intelligence

       ``(a) There is an Under Secretary of Defense for 
     Intelligence, appointed from civilian life by the President, 
     by and with the advice and consent of the Senate.
       ``(b) Subject to the authority, direction, and control of 
     the Secretary of Defense, the Under Secretary of Defense for 
     Intelligence shall perform such duties and exercise such 
     powers as the Secretary of Defense may prescribe in the area 
     of intelligence.
       ``(c) The Under Secretary of Defense for Personnel and 
     Readiness takes precedence in the Department of Defense after 
     the Under Secretary of Defense for Personnel and 
     Readiness.''.
       (b) Conforming Amendments.--(1) Section 131 of such title 
     is amended--
       (A) by striking paragraphs (2), (3), (4), and (5), and 
     inserting the following:
       ``(2) The Under Secretaries of Defense, as follows:
       ``(A) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics.
       ``(B) The Under Secretary of Defense for Policy.
       ``(C) The Under Secretary of Defense (Comptroller).
       ``(D) The Under Secretary of Defense for Personnel and 
     Readiness.
       ``(E) The Under Secretary of Defense for Intelligence.''; 
     and
       (B) by redesignating paragraphs (6), (7), (8), (9), (10), 
     and (11) as paragraphs (3), (4), (5), (6), (7), and (8), 
     respectively.

[[Page 11558]]

       (2) The table of sections at the beginning of chapter 4 of 
     such title is amended--
       (A) by striking the item relating to section 137 and 
     inserting the following:

``137. Under Secretary of Defense for Intelligence.'';
     and
       (B) by striking the item relating to section 139 and 
     inserting the following:

``139. Director of Research and Engineering.
``139a. Director of Operational Test and Evaluation.''.

       (c) Executive Level III.--Section 5314 of title 5, United 
     States Code, is amended by inserting after ``Under Secretary 
     of Defense for Personnel and Readiness.'' the following:
       ``Under Secretary of Defense for Intelligence.''.
                                  ____



                           Amendment No. 4141

  (Purpose: To require a study on the designation of a highway in the 
              State of Louisiana as a defense access road)

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

     SEC. 1035. REPORT ON DESIGNATION OF CERTAIN LOUISIANA HIGHWAY 
                   AS DEFENSE ACCESS ROAD.

       Not later than March 1, 2003, the Secretary of Army shall 
     submit to the congressional defense committees a report 
     containing the results of a study on the advisability of 
     designating Louisiana Highway 28 between Alexandria, 
     Louisiana, and Leesville, Louisiana, a road providing access 
     to the Joint Readiness Training Center, Louisiana, and to 
     Fort Polk, Louisiana, as a defense access road for purposes 
     of section 210 of title 23, United States Code.
                                  ____



                           Amendment No. 4142

 (Purpose: To authorize the conveyance of 2,000 acres at the Sunflower 
                     Army Ammunition Plant, Kansas)

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

     SEC. 2829. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNITION PLANT, 
                   KANSAS.

       (a) Conveyance Authorized.--The Secretary of the Army or 
     the Administrator of General Services may convey, without 
     consideration, to the Johnson County Park and Recreation 
     District, Kansas (in this section referred to as the 
     ``District''), all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, in the State of Kansas consisting of 
     approximately 2,000 acres, a portion of the Sunflower Army 
     Ammunition Plant. The purpose of the conveyance is to permit 
     the District to use the parcel for public recreational 
     purposes.
       (b) Description of Property.--The exact acreage, location, 
     and legal description of the real property to be conveyed 
     under subsection (a) shall be determined by a survey 
     satisfactory to the official making the conveyance. The cost 
     of such legal description, survey, or both shall be borne by 
     the District.
       (c) Additional Terms and Conditions.--The official making 
     the conveyance of real property under subsection (a) may 
     require such additional terms and conditions in connection 
     with the conveyance as that official considers appropriate to 
     protect the interests of the United States.
       (d) Effective Date.--This section shall take effect on 
     January 31, 2003.
                                  ____



                           Amendment No. 4143

(Purpose: To require an annual long-range plan for the construction of 
                          ships for the Navy)

       On page 221, after line 21, insert the following:

     SEC. 1024. ANNUAL LONG-RANGE PLAN FOR THE CONSTRUCTION OF 
                   SHIPS FOR THE NAVY.

       (a) Findings.--Congress makes the following findings:
       (1) Navy ships provide a forward presence for the United 
     States that is a key to the national defense of the United 
     States.
       (2) The Navy has demonstrated that its ships contribute 
     significantly to homeland defense.
       (3) The Navy's ship recapitalization plan is inadequate to 
     maintain the ship force structure that is described as the 
     current force in the 2001 Quadrennial Defense Review.
       (4) The Navy is decommissioning ships as much as 10 years 
     earlier than the projected ship life upon which ship 
     replacement rates are based.
       (5) The current force was assessed in the 2001 Quadrennial 
     Defense Review as having moderate to high risk, depending on 
     the scenario considered.
       (b) Annual Ship Construction Plan.--(1) Chapter 9 of title 
     10, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 231. Annual ship construction plan

       ``(a) Annual Ship Construction Plan.--The Secretary of 
     Defense shall include in the defense budget materials for 
     each fiscal year a plan for the construction of combatant and 
     support ships for the Navy that--
       ``(1) supports the National Security Strategy; or
       ``(2) if there is no National Security Strategy in effect, 
     supports the ship force structure called for in the report of 
     the latest Quadrennial Defense Review.
       ``(b) Content.--The ship construction plan included in the 
     defense budget materials for a fiscal year shall provide in 
     detail for the construction of combatant and support ships 
     for the Navy over the 30 consecutive fiscal years beginning 
     with the fiscal year covered by the defense budget materials 
     and shall include the following matters:
       ``(1) A description of the necessary ship force structure 
     of the Navy.
       ``(2) The estimated levels of funding necessary to carry 
     out the plan, together with a discussion of the procurement 
     strategies on which such estimated funding levels are based.
       ``(3) A certification by the Secretary of Defense that both 
     the budget for the fiscal year covered by the defense budget 
     materials and the future-years defense program submitted to 
     Congress in relation to such budget under section 221 of this 
     title provide for funding ship construction for the Navy at a 
     level that is sufficient for the procurement of the ships 
     provided for in the plan on schedule.
       ``(4) If the budget for the fiscal year provides for 
     funding ship construction at a level that is not sufficient 
     for the recapitalization of the force of Navy ships at the 
     annual rate necessary to sustain the force, an assessment 
     (coordinated with the commanders of the combatant commands in 
     advance) that describes and discusses the risks associated 
     with the reduced force structure that will result from 
     funding ship construction at such insufficient level.
       ``(c) Definitions.--In this section:
       ``(1) The term `budget', with respect to a fiscal year, 
     means the budget for such fiscal year that is submitted to 
     Congress by the President under section 1105(a) of title 31.
       ``(2) The term `defense budget materials', with respect to 
     a fiscal year, means the materials submitted to Congress by 
     the Secretary of Defense in support of the budget for such 
     fiscal year.
       ``(3) The term `Quadrennial Defense Review' means the 
     Quadrennial Defense Review that is carried out under section 
     118 of this title.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``231. Annual ship construction plan.''.
                                  ____



                           Amendment No. 4144

 (Purpose: To provide for the conveyance of a portion of the Bluegrass 
     Army Depot in Richmond, Kentucky, to Madison County, Kentucky)

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

     SEC. 2829. LAND CONVEYANCE, BLUEGRASS ARMY DEPOT, RICHMOND, 
                   KENTUCKY.

       (a) Conveyance Authorized.--(1) The Secretary of the Army 
     may convey, without consideration, to Madison County, 
     Kentucky (in this section referred to as the ``County''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including any improvements thereon, 
     consisting of approximately 10 acres at the Bluegrass Army 
     Depot, Richmond, Kentucky, for the purpose of facilitating 
     the construction of a veterans' center on the parcel by the 
     State of Kentucky.
       (2) The Secretary may not make the conveyance authorized by 
     this subsection unless the Secretary determines that the 
     State of Kentucky has appropriated adequate funds for the 
     construction of the veterans' center.
       (b) Reversionary Interest.--If the Secretary determines 
     that the real property conveyed under subsection (a) ceases 
     to be utilized for the sole purpose of a veterans' center or 
     that reasonable progress is not demonstrated in constructing 
     the center and initiating services to veterans, all right, 
     title, and interest in and to the property shall revert to 
     the United States, and the United States shall have the right 
     of immediate entry onto the property. Any determination under 
     this subsection shall be made on the record after an 
     opportunity for a hearing.
       (c) Administrative Expenses.--The Secretary shall apply 
     section 2695 of title 10, United States Code, to the 
     conveyance authorized by subsection (a).
       (d) 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 County.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                  ____



                           AMENDMENT NO. 4145

  (Purpose: To extend the authority of the Defense Advanced Research 
 Projects Agency to award prizes for advanced technology achievements)

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

[[Page 11559]]



     SEC. 246. FOUR-YEAR EXTENSION OF AUTHORITY OF DARPA TO AWARD 
                   PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.

       (a) Extension.--Section 2374a(f) of title 10, United States 
     Code, is amended by striking ``September 30, 2003'' and 
     inserting ``September 30, 2007''.
       (b) Report on Administration of Program.--(1) Not later 
     than December 31, 2002, the Director of the Defense Advanced 
     Research Projects Agency shall submit to the congressional 
     defense committees a report on the proposal of the Director 
     for the administration of the program to award prizes for 
     advanced technology achievements under section 2374a of title 
     10, United States Code.
       (2) The report shall include the following:
       (A) A description of the proposed goals of the competition 
     under the program, including the technology areas to be 
     promoted by the competition and the relationship of such area 
     to military missions of the Department of Defense.
       (B) The proposed rules of the competition under the 
     program, and a description of the proposed management of the 
     competition.
       (C) A description of the manner in which funds for cash 
     prizes under the program will be allocated within the 
     accounts of the Agency if a prize is awarded and claimed.
       (D) A statement of the reasons why the competition is a 
     preferable means of promoting basic, advanced, and applied 
     research, technology development, and prototype projects when 
     compared with other means of promotion of such activities, 
     including contracts, grants, cooperative agreements, and 
     other transactions.
                                  ____



                           AMENDMENT NO. 4146

(Purpose: To authorize the provision of space and services for military 
                           welfare societies)

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

     SEC. 1065. PROVISION OF SPACE AND SERVICES TO MILITARY 
                   WELFARE SOCIETIES.

       (a) Authority To Provide Space and Services.--Chapter 152 
     of title 10, United States Code, is amended by adding at the 
     end the following new section:

     ``Sec. 2566. Space and services: provision to military 
       welfare societies

       ``(a) Authority To Provide Space and Services.--The 
     Secretary of a military department may provide, without 
     charge, space and services under the jurisdiction of that 
     Secretary to a military welfare society.
       ``(b) Definitions.--In this section:
       ``(1) The term `military welfare society' means the 
     following:
       ``(A) The Army Emergency Relief Society.
       ``(B) The Navy-Marine Corps Relief Society.
       ``(C) The Air Force Aid Society, Inc.
       ``(2) The term `services' includes lighting, heating, 
     cooling, electricity, office furniture, office machines and 
     equipment, telephone and other information technology 
     services (including installation of lines and equipment, 
     connectivity, and other associated services), and security 
     systems (including installation and other associated 
     expenses).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2566. Space and services: provision to military welfare societies.''.
                                  ____



                           AMENDMENT NO. 4147

   (Purpose: To authorize, with an offset, $5,500,000 for research, 
  development, test, and evaluation for the Army for development of a 
              very high speed support vessel for the Army)

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

     SEC. 214. VERY HIGH SPEED SUPPORT VESSEL FOR THE ARMY.

       (a) Increase in Authorization of Appropriations.--The 
     amount authorized to be appropriated by section 201(1) for 
     research, development, test, and evaluation for the Army is 
     hereby increased by $5,500,000, with the amount of the 
     increase to be allocated to logistics and engineering 
     equipment-advanced development (PE0603804A).
       (b) Availability.--(1) Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, as increased by subsection 
     (a), $5,500,000 may be available for development of a 
     prototype composite hull design to meet the theater support 
     vessel requirement.
       (2) The amount available under paragraph (1) for 
     development of the hull design referred to in that paragraph 
     is in addition to any other amounts available under this Act 
     for development of that hull design.
       (c) Offset.--The amount authorized to be appropriated by 
     section 201(2) for research, development, test, and 
     evaluation for the Navy is hereby decreased by $5,500,000, 
     with the amount of the decrease to be allocated to submarine 
     tactical warfare system (PE0604562N) and amounts available 
     under that program element for upgrades of combat control 
     software to commercial architecture.
                                  ____



                           AMENDMENT NO. 4148

 (Purpose: To add $1,000,000 for Other Procurement, Air Force, for the 
  procurement of technical C-E equipment, Mobile Emergency Broadband 
System, and to offset the increase by reducing the amount provided for 
 the Navy for other procurement for gun fire control equipment, SPQ-9B 
                solid state transmitter, by $1,000,000)

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

     SEC. 135. MOBILE EMERGENCY BROADBAND SYSTEM.

       (a) Amount for Program.--Of the total amount authorized to 
     be appropriated by section 103(4), $1,000,000 may be 
     available for the procurement of technical communications-
     electronics equipment for the Mobile Emergency Broadband 
     System.
       (b) Offsetting Reduction.--Of the total amount authorized 
     to be appropriated by section 103(4), the amount available 
     under such section for the Navy for other procurement for gun 
     fire control equipment, SPQ-9B solid state transmitter, is 
     hereby reduced by $1,000,000.
                                  ____



                           AMENDMENT NO. 4149

(Purpose: To add $1,500,000 for the Air Force for other procurement for 
 base procured equipment for a Combat Arms Training System (CATS) for 
  the Air National Guard, and to offset the increase by reducing the 
      amount provided for the Army for RDT&E for artillery system 
       demonstration and validation (PE 0603854A) by $1,500,000)

       On page 14, line 20, increase the amount by $1,500,000.
       On page 23, line 22, reduce the amount by $1,500,000.
                                  ____



                           AMENDMENT NO. 4150

   (Purpose: To authorize, with an offset, $100,000 for the Army for 
   activation efforts with respect to the National Army Museum, Fort 
                           Belvoir, Virginia)

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

     SEC. 305. NATIONAL ARMY MUSEUM, FORT BELVOIR, VIRGINIA.

       (a) Activation Efforts.--The Secretary of the Army may 
     carry out efforts to facilitate the commencement of 
     development for the National Army Museum at Fort Belvoir, 
     Virginia.
       (b) Funding.--(1) The amount authorized to be appropriated 
     by section 301(a)(1) for operation and maintenance for the 
     Army is hereby increased by $100,000.
       (2) Of the amount authorized to be appropriated by section 
     301(a)(1) for operation and maintenance for the Army, as 
     increased by paragraph (1), $100,000 shall be available to 
     carry out the efforts authorized by subsection (a).
       (c) Offset.--The amount authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation for the Army is hereby reduced by $100,000.
                                  ____



                           AMENDMENT NO. 4151

   (Purpose: To authorize, with an offset, $1,000,000 for research, 
  development, test, and evaluation for the Navy for Force Protection 
Advanced Technology (PE0603123N) for development and demonstration of a 
           full-scale high-speed permanent magnet generator)

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

     SEC. 214. FULL-SCALE HIGH-SPEED PERMANENT MAGNET GENERATOR.

       (a) Increase in Authorization of Appropriations.--The 
     amount authorized to be appropriated by section 201(2) for 
     research, development, test, and evaluation for the Navy is 
     hereby increased by $1,000,000, with the amount of the 
     increase to be allocated to Force Protection Advanced 
     Technology (PE0603123N).
       (b) Availability.--(1) Of the amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy, as increased by subsection 
     (a), $1,000,000 may be available for development and 
     demonstration of a full-scale high-speed permanent magnet 
     generator.
       (2) The amount available under paragraph (1) for 
     development and demonstration of the generator described in 
     that paragraph is in addition to any other amounts available 
     in this Act for development and demonstration of that 
     generator.
       (c) Offset.--The amount authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation for the Army is hereby reduced by $1,000,000, with 
     the amount of the reduction to be allocated to Artillery 
     Systems-Dem/Val (PE0603854A).
                                  ____



                           AMENDMENT NO. 4152

 (Purpose: To modify the calculation of back pay for persons who were 
 approved for promotion as members of the Navy and Marine Corps while 
 interned as prisoners of war during World War II to take into account 
                  changes in the Consumer Price Index)

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

[[Page 11560]]



     SEC. 655. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF 
                   NAVY AND MARINE CORPS SELECTED FOR PROMOTION 
                   WHILE INTERNED AS PRISONERS OF WAR DURING WORLD 
                   WAR II TO TAKE INTO ACCOUNT CHANGES IN CONSUMER 
                   PRICE INDEX.

       (a) Modification.--Section 667(c) 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-170) 
     is amended by adding at the end the following new paragraph:
       ``(3) The amount determined for a person under paragraph 
     (1) shall be increased to reflect increases in cost of living 
     since the basic pay referred to in paragraph (1)(B) was paid 
     to or for that person, calculated on the basis of the 
     Consumer Price Index (all items--United States city average) 
     published monthly by the Bureau of Labor Statistics.''.
       (b) Recalculation of Previous Payments.--In the case of any 
     payment of back pay made to or for a person under section 667 
     of the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 before the date of the enactment of this 
     Act, the Secretary of the Navy shall--
       (1) recalculate the amount of back pay to which the person 
     is entitled by reason of the amendment made by subsection 
     (a); and
       (2) if the amount of back pay, as so recalculated, exceeds 
     the amount of back pay so paid, pay the person, or the 
     surviving spouse of the person, an amount equal to the 
     excess.
                                  ____



                           AMENDMENT NO. 4153

  (Purpose: To require a plan for a five-year program to enhance the 
  measurement and signatures intelligence capabilities of the Federal 
                              Government)

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

     SEC. 1035. PLAN FOR FIVE-YEAR PROGRAM FOR ENHANCEMENT OF 
                   MEASUREMENT AND SIGNATURES INTELLIGENCE 
                   CAPABILITIES

       (a) Finding.--Congress finds that the national interest 
     will be served by the rapid exploitation of basic research on 
     sensors for purposes of enhancing the measurement and 
     signatures intelligence (MASINT) capabilities of the Federal 
     Government.
       (b) Plan for Program.--(1) Not later than March 30, 2003, 
     the Director of the Central Measurement and Signatures 
     Intelligence Office shall submit to Congress a plan for a 
     five-year program of research intended to provide for the 
     incorporation of the results of basic research on sensors 
     into the measurement and signatures intelligence systems 
     fielded by the Federal Government, including the review and 
     assessment of basic research on sensors for that purpose.
       (2) Activities under the plan shall be carried out by a 
     consortium consisting of such governmental and non-
     governmental entities as the Director considers appropriate 
     for purposes of incorporating the broadest practicable range 
     of sensor capabilities into the systems referred to in 
     paragraph (1). The consortium may include national 
     laboratories, universities, and private sector entities.
       (3) The plan shall include a proposal for the funding of 
     activities under the plan, including cost-sharing by non-
     governmental participants in the consortium under paragraph 
     (2).
                                  ____



                           AMENDMENT NO. 4154

 (Purpose: To require a report on volunteer services of members of the 
 reserve components in support of emergency response to the terrorist 
  attacks on the World Trade Center and the Pentagon on September 11, 
                                 2001)

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

     SEC. 1035. REPORT ON VOLUNTEER SERVICES OF MEMBERS OF THE 
                   RESERVE COMPONENTS IN EMERGENCY RESPONSE TO THE 
                   TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

       (a) Requirement for Report.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on 
     volunteer services described in subsection (b) that were 
     provided by members of the National Guard and other reserve 
     components of the Armed Forces, while not in a duty status 
     pursuant to orders, during the period of September 11 through 
     14, 2001. The report shall include a discussion of any 
     personnel actions that the Secretary considers appropriate 
     for the members regarding the performance of such services.
       (b) Covered Services.--The volunteer services referred to 
     in subsection (a) are as follows:
       (1) Volunteer services provided in the vicinity of the site 
     of the World Trade Center, New York, New York, in support of 
     emergency response to the terrorist attack on the World Trade 
     Center on September 11, 2001.
       (2) Volunteer services provided in the vicinity of the 
     Pentagon in support of emergency response to the terrorist 
     attack on the Pentagon on September 11, 2001.
                                  ____



                           AMENDMENT NO. 4155

    (Purpose: To authorize use of an amount of the authorization of 
   appropriations for RDT&E for the Navy for the aviation-shipboard 
                   information technology initiative)

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

     SEC. 214. AVIATION-SHIPBOARD INFORMATION TECHNOLOGY 
                   INITIATIVE.

       Of the amount authorized to be appropriated by section 
     201(2) for shipboard aviation systems, up to $8,200,000 may 
     be used for the aviation-shipboard information technology 
     initiative.
                                  ____



                           AMENDMENT NO. 4156

(Purpose: To require the Secretary of the Navy to maintain the scope of 
   the cruiser conversion program for the Ticonderoga class of AEGIS 
                               cruisers)

       In subtitle C of title I, strike ``(reserved)'' and insert 
     the following:

     SEC. 121. MAINTENANCE OF SCOPE OF CRUISER CONVERSION OF 
                   TICONDEROGA CLASS AEGIS CRUISERS.

       The Secretary of the Navy should maintain the scope of the 
     cruiser conversion program for the Ticonderoga class of AEGIS 
     cruisers such that the program--
       (1) covers all 27 Ticonderoga class AEGIS cruisers; and
       (2) modernizes the class of cruisers to include an 
     appropriate mix of upgrades to ships' capabilities for 
     theater missile defense, naval fire support, and air 
     dominance.
                                  ____



                           AMENDMENT NO. 4157

(Purpose: To require the Secretary of Defense to expand the Department 
   of Defense program of HIV/AIDS prevention educational activities 
  undertaken in connection with the conduct of United States military 
training, exercises, and humanitarian assistance in sub-Saharan African 
                               countries)

       On page 281, between lines 5 and 6, insert the following:

     SEC. 1215. DEPARTMENT OF DEFENSE HIV/AIDS PREVENTION 
                   ASSISTANCE PROGRAM.

       (a) Expansion of Program.--The Secretary of Defense is 
     authorized to expand, in accordance with this section, the 
     Department of Defense program of HIV/AIDS prevention 
     educational activities undertaken in connection with the 
     conduct of United States military training, exercises, and 
     humanitarian assistance in sub-Saharan African countries.
       (b) Eligible Countries.--The Secretary may carry out the 
     program in all eligible countries. A country shall be 
     eligible for activities under the program if the country--
       (1) is a country suffering a public health crisis (as 
     defined in subsection (e)); and
       (2) participates in the military-to-military contacts 
     program of the Department of Defense.
       (c) Program Activities.--The Secretary shall provide for 
     the activities under the program--
       (1) to focus, to the extent possible, on military units 
     that participate in peace keeping operations; and
       (2) to include HIV/AIDS-related voluntary counseling and 
     testing and HIV/AIDS-related surveillance.
       (d) Authorization of Appropriations.--
       (1) In general.--Of the amount authorized to be 
     appropriated by section 301(a)(22) to the Department of 
     Defense for operation and maintenance of the Defense Health 
     Program, $30,000,000 may be available for carrying out the 
     program described in subsection (a) as expanded pursuant to 
     this section.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       (e) Country Suffering a Public Health Crisis Defined.--In 
     this section, the term ``country suffering a public health 
     crisis'' means a country that has rapidly rising rates of 
     incidence of HIV/AIDS or in which HIV/AIDS is causing 
     significant family, community, or societal disruption.
                                  ____



                           amendment no. 4158

(Purpose: To set aside $6,000,000 for the Aerospace Relay Mirror System 
                         (ARMS) Demonstration)

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

     SEC. 214. AEROSPACE RELAY MIRROR SYSTEM (ARMS) DEMONSTRATION.

       Of the amount authorized to be appropriated by section 
     201(3) for the Department of Defense for research, 
     development, test, and evaluation for the Air Force, 
     $6,000,000 may be available for the Aerospace Relay Mirror 
     System (ARMS) Demonstration.
                                  ____



                           amendment no. 4159

       At the appropriate place insert:
       Amount for Program.--Of the amount authorized to be 
     appropriated by Section 201(2) for research and development, 
     test and evaluation, Navy, $4,000,000 may be available for 
     requirements development of a littoral ship in Ship Concept 
     Advanced Design PE 0603563N.

[[Page 11561]]

       Offsetting Reduction.--Of the total amount authorized to be 
     appropriated by section 201(2) for research and development, 
     test and evaluation, Navy, the amount available for FORCENET 
     in Tactical Command System, PE 0604231N is hereby reduced by 
     an additional $4,000,000.
                                  ____



                           AMENDMENT NO. 4160

 (Purpose: To provide for monitoring implementation of the 1979 United 
    States-China Agreement on Cooperation in Science and Technology)

       On page 281, between lines 5 and 6, insert the following:

     SEC. 1215. MONITORING IMPLEMENTATION OF THE 1979 UNITED 
                   STATES-CHINA AGREEMENT ON COOPERATION IN 
                   SCIENCE AND TECHNOLOGY.

       (a) Responsibilities of the Office of Science and 
     Technology Cooperation.--The Office of Science and Technology 
     Cooperation of the Department of State shall monitor the 
     implementation of the 1979 United States-China Agreement on 
     Cooperation in Science and Technology and its protocols (in 
     this section referred to as the ``Agreement''), and keep a 
     systematic account of the protocols thereto. The Office shall 
     coordinate the activities of all agencies of the United 
     States Government that carry out cooperative activities under 
     the Agreement.
       (b) Guidelines.--The Secretary of State shall ensure that 
     all activities conducted under the Agreement and its 
     protocols comply with applicable laws and regulations 
     concerning the transfer of militarily sensitive and dual-use 
     technologies.
       (c) Reporting Requirement.--
       (1) In general.--Not later than April 1, 2004, and every 
     two years thereafter, the Secretary of State, shall submit a 
     report to Congress, in both classified and unclassified form, 
     on the implementation of the Agreement and activities 
     thereunder.
       (2) Report elements.--Each report under this subsection 
     shall provide an evaluation of the benefits of the Agreement 
     to the Chinese economy, military, and defense industrial base 
     and shall include the following:
       (A) An accounting of all activities conducted under the 
     Agreement since the previous report, and a projection of 
     activities to be undertaken in the next two years.
       (B) An estimate of the costs to the United States to 
     administer the Agreement within the period covered by the 
     report.
       (C) An assessment of how the Agreement has influenced the 
     policies of the People's Republic of China toward scientific 
     and technological cooperation with the United States.
       (D) An analysis of the involvement of Chinese nuclear 
     weapons and military missile specialists in the activities of 
     the Joint Commission.
       (E) A determination of the extent to which the activities 
     conducted under the Agreement have enhanced the military and 
     industrial base of the People's Republic of China, and an 
     assessment of the impact of projected activities for the next 
     two years, including transfers of technology, on China's 
     economic and military capabilities.
       (F) Any recommendations on improving the monitoring of the 
     activities of the Commission by the Secretaries of Defense 
     and State.
       (3) Consultation prior to submission of reports.--The 
     Secretary of State shall prepare the report in consultation 
     with the Secretaries of Commerce, Defense, and Energy, the 
     Directors of the National Science Foundation and the Federal 
     Bureau of Investigation, and the intelligence community.
                                  ____



                           AMENDMENT NO. 4161

(Purpose: To require biannual reports on foreign persons who contribute 
to the proliferation of weapons of mass destruction, and their delivery 
            systems, by countries of proliferation concern)

       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 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.
                                  ____



                           AMENDMENT NO. 4162

                (Purpose: To commend military chaplains)

       On page 258, after line 24, insert the following:

     SEC. 1065. COMMENDATION OF MILITARY CHAPLAINS.

       (a) Findings.--Congress finds the following:
       (1) Military chaplains have served with those who fought 
     for the cause of freedom since the founding of the Nation.
       (2) Military chaplains and religious support personnel of 
     the Armed Forces have served with distinction as uniformed 
     members of the Armed Forces in support of the Nation's 
     defense missions during every conflict in the history of the 
     United States.
       (3) 400 United States military chaplains have died in 
     combat, some as a result of direct fire while ministering to 
     fallen Americans, while others made the ultimate sacrifice as 
     a prisoner of war.
       (4) Military chaplains currently serve in humanitarian 
     operations, rotational deployments, and in the war on 
     terrorism.
       (5) Religious organizations make up the very fabric of 
     religious diversity and represent unparalleled levels of 
     freedom of conscience, speech, and worship that set the 
     United States apart from any other nation on Earth.
       (6) Religious organizations have richly blessed the 
     uniformed services by sending clergy to comfort and encourage 
     all persons of faith in the Armed Forces.
       (7) During the sinking of the USS Dorchester in February 
     1943 during World War II, four chaplains (Reverend Fox, 
     Reverend Poling, Father Washington, and Rabbi Goode) gave 
     their lives so that others might live.
       (8) All military chaplains aid and assist members of the 
     Armed Forces and their family members with the challenging 
     issues of today's world.
       (9) The current war against terrorism has brought to the 
     shores of the United States new threats and concerns that 
     strike at the beliefs and emotions of Americans.
       (10) Military chaplains must, as never before, deal with 
     the spiritual well-being of the members of the Armed Forces 
     and their families.
       (b) Commendation.--Congress, on behalf of the Nation, 
     expresses its appreciation for the outstanding contribution 
     that all military chaplains make to the members of the Armed 
     Forces and their families.
       (c) Presidential Proclamation.--The President is authorized 
     and requested to issue a proclamation calling on the people 
     of the United States to recognize the distinguished service 
     of the Nation's military chaplains.
                                  ____



                           AMENDMENT NO. 4163

      (Purpose: To grant a Federal charter to Korean War Veterans 
                       Association, Incorporated)

       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.

[[Page 11562]]

       ``(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:

``1201. Korean War Veterans Association, Incorporated.....120101''.....


                           amendment no. 4136

  Mr. SANTORUM. Mr. President, I would like to note that the Senate 
authorizes $1.0M for efforts designed to enhance the development of key 
enabling robotics technologies that will support Army, Navy and Air 
Force transformational programs. These efforts will leverage and 
coordinate capabilities that exist in the federal government, industry, 
academia and not-for-profit entities.
  The Department of the Army has embarked on a new and ambitious 
program to develop a Future Combat System (FCS). Robotic and unmanned 
systems are expected to play a role in the platforms that are developed 
to support this Objective Force initiative. In addition to FCS, the Air 
Force and the Navy are pursuing the development of unmanned aircraft 
and, in the case of the Navy, underwater unmanned platforms.
  These funds are to be used to begin work and continue work on key 
robotics technologies that are identified by the Department of Defense 
and military services as essential to achieving transformational or 
leap ahead capabilities.
  Currently, there is no single coordinated service-wide robotics 
initiative that will support military efforts to transform. The 
authorized funds would begin the process of advanced product 
development, prototype development, product testing, demonstration, and 
validation projects for defense-related unmanned and/or robotic 
platforms.


                           amendment no. 4138

  Mr. ROBERTS. Mr. President, I commend Ranking Member Warner for his 
stewardship of the FY 2003 defense budget process in the Senate. We 
face many challenges to our national security in this day and age and I 
am thankful for his leadership. One of those emerging challenges we 
face is the terrorist threat to our food supply, specifically U.S. 
agriculture. On the federal, state, and local level, we need to 
establish procedures to detect, deter, and respond to large scale 
coordinated attacks against livestock and agricultural commodities. 
Toward that end, I ask the Senate to support my amendment to authorize, 
with an offset, $1,000,000 for research, development, test, and 
evaluation, for basic research for the chemical and biological defense 
program (PE 0601384BP) for research, analysis, and assessment of 
efforts to counter possible agroterrorist attacks. It is my hope that 
universities with established expertise in the agricultural sciences 
can conduct studies and exercises that lead to better coordination 
between federal, state, and local authorities as they attempt to 
detect, deter, and respond to large scale coordinated attacks on U.S. 
agriculture. Most importantly, I envision universities assisting the 
Department of Defense in determining what role--if any--our military or 
defense agencies play in countering agroterroism. I ask my colleagues 
to support my amendment. I thank the chair.


                           amendment no. 4160

  Mr. BYRD. Mr. President, the Fiscal Year 2002 Defense Appropriations 
Act directed the State Department to study and report on the United 
States-People's Republic of China Science and Technology Agreement of 
1979, and its protocols. The Agreement has been the basis for nearly a 
quarter century of science and technology transfers from the U.S. to 
China by twelve agencies of our government.
  While the Cox Report of 1999 detailed how private companies in the 
United States have transferred technologies that have aided the 
development of China's military, up until now there has never been an 
assessment of the joint scientific activities between the governments 
of the U.S. and China. As the report on the science and technology 
agreement states, this report ``is the first major analysis of the 
agreement in nearly 25 years and is intended to provide a comprehensive 
review of the agreement, its protocols, and their impact on the Chinese 
economy, military, and defense industrial base.''
  The report, which was developed in close consultation with the U.S.-
China National Security Review Commission, has been delivered to 
Congress. It is in both an unclassified form, with an executive summary 
and voluminous annexes, and in classified form, which is available in 
S-407 in the Capitol for my colleagues to review.
  There are several troubling aspects of this report.

[[Page 11563]]

  It makes clear, for example, that there is no coordinating mechanism 
to oversee the activities undertaken by the twelve agencies and dozens 
of offices and bureaus of our government that are carrying out the 1979 
Agreement with China. In fact, the report, noting certain changes to 
the State Department bureaucracy in 1996, ``there has been no mechanism 
within the U.S. Government since then to keep a systematic account of 
protocols under the U.S.-China Science and Technology Agreement.'' 
Furthermore, this report was reportedly the first time that the 
intelligence community has had an opportunity to evaluate the range of 
programs that are underway.
  According to the State Department, we have spent an average of $5 
million in taxpayer funds over each of the last five years to carry out 
this Agreement and its protocols, yet there is no single office in our 
government that oversees the spider's web of the technology exchange 
programs that have spun from it.
  The report fails to fully analyze the impact of the science and 
technology exchange programs on the development of Chinese military 
power. While it argues that the development of China's industrial and 
military power has been based primarily on its economic growth and its 
general efforts to acquire technology from the West, the State 
Department also states that ``the degree to which cooperative science 
and technology activities conducted under the Agreement may have 
contributed to China's economic and military growth is difficult to 
assess.'' That amounts to, at the very least, a mixed message.
  The report also notes that there is no regular reporting requirement 
to Congress on the range and types of programs that are carried out 
under the Science and Technology Agreement. This lack of reporting 
indicates that no one is paying very much attention to what activities 
we are undertaking with regard to the Agreement. Just who is minding 
the store? Is anyone in the Executive Branch truly concerned with these 
technology transfer programs? Or is this Agreement considered just 
another means to smooth over the inevitable hiccups in relations 
between our countries?
  Finally, to no surprise, the State Department provided no 
recommendations for improving the monitoring of the Science and 
Technology Agreement. In essence, the report argues that whatever 
technology and scientific knowledge China might have gained through 
cooperative programs with the United States pales in comparison to the 
knowledge China has gained through other channels. The report points to 
the number of Chinese students studying in U.S. universities, China's 
investment policies, and scientific agreements with other countries as 
other routes for technology transfer.
  The State Department's contention is akin to arguing that the Chinese 
are gorging so heartily on science and technology through universities, 
private industry, and other countries, that another few morsels from 
Uncle Sam cannot be very important. Ridiculous!
  As a result of this analysis, the State Department's principal 
recommendation is to ``allow the Agreement to operate, as heretofore, 
without the encumbrance of any special monitoring mechanism, which 
we,'' referring to the State Department, ``do not believe is either 
necessary or desirable.''
  I do not think that it is going out on a limb to suggest that the 
U.S.-China Science and Technology Agreement has been used as a balm to 
soothe the sore spots of our bilateral relations. As the State 
Department report says, ``In April 2001, at the height of the EP-3 
plane incident, the U.S. and China quietly renewed the Science and 
Technology Agreement despite the severe chill in political/economic 
relations resulting from this diplomatic confrontation.''
  It is astounding to note that in the very same month that a Chinese 
fighter jet crashed into one of our reconnaissance airplanes in 
international airspace, and the same month that China detained our 
military personnel after executing an emergency landing at a Chinese 
airfield, we ``quietly'' renewed this significant bilateral agreement. 
I wonder if the Secretary of Defense was aware of the renewal of this 
agreement at that time? I wonder if the President knew about it?
  Mr. President, I do not think that it is wise to view the transfer of 
advanced technology and scientific knowledge as simply a diplomatic 
tool. The amendment I offer today takes very basic steps to improve 
oversight of the 1979 Science and Technology Agreement. The amendment 
simply designates the Office of Science and Technology Cooperation in 
the State Department as responsible for monitoring the Agreement. 
According to its report, the State Department has not even kept track 
of the sixty protocols to this Agreement since 1996. This needs to be 
changed. The amendment also requires the Secretary of State to see that 
activities carried out under the Agreement are consistent with our laws 
and regulations that prohibit the transfer of sensitive technology.
  Further, the amendment establishes a reporting requirement so that 
the State Department will inform Congress every two years on what 
activities have taken place under the Agreement. As I stated earlier, 
the State Department report released in May 2002 was the first-ever 
comprehensive assessment of the implementation of the 1979 U.S.-China 
Science and Technology Agreement. It does not make sense to wait 
another 23 years for the next assessment.
  Mr. President, China is embarking on a substantial military buildup. 
They are using technologies that have been acquired from a vast number 
of sources. It is hard to believe that our own government has been 
cooperating with China in exchanging scientific information that has 
the potential, in the words of the State Department, to facilitate 
China's military research programs. My amendment takes very simple 
steps to make sure that the government-to-government scientific 
exchanges that take place are focused on peaceful uses of technology. I 
urge my colleagues to support the amendment.
  Mr. REID. Mr. President, let me say that there has been a tremendous 
amount of work done today. I know we were in long quorum calls and 
people could not see the work that has been done. But one very 
important amendment dealing with national missile defense was 
completed. That was done by voice vote after many hours of work. Then, 
today and this evening, staff, with Senators Warner and Levin, have 
approved almost 50 amendments. So this very important bill is on the 
way toward being completed.
  We are going to vote in the morning on cloture. People will have to 
deal with germane amendments after that. But I just want to spread on 
the Record comments about the work done by the staffs, today and 
tonight, and the two managers of the bill.
  Mr. WARNER. Mr. President, if I might address the Senate, I wish to 
express my appreciation to the distinguished majority whip. We did 
succeed on missile defense, but it could not have been done without the 
cooperation of the majority leader, the Republican leader, yourself, 
and our distinguished chairman, who departed a few minutes or so ago.
  We did achieve a good deal of work. I am confident that tomorrow, 
with the support of all the Senators, we will achieve a landmark bill 
on behalf of the men and women in the armed services of this great 
Nation.
  I thank all Members, and particularly the Presiding Officer for his 
patience and guidance throughout the day, and the Senate staff.
  I thank my distinguished colleague and friend.

                          ____________________