[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[Senate]
[Pages 12927-12935]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 799. Mr. GRAHAM of South Carolina submitted an amendment intended 
to be proposed by him to the bill S. 1050, to authorize appropriations 
for fiscal year 2004 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 40, between lines 7 and 8, insert the following:

     SEC. 235. COLLABORATIVE INFORMATION WARFARE NETWORK.

       (a) Increase in Research, Development, Test, and 
     Evaluation, Navy.--The amount authorized to be appropriated 
     by section 201(2) for research, development, test, and 
     evaluation for the Navy is hereby increased by $8,000,000.
       (b) Availability for Collaborative Information Warfare 
     Network.--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), 
     $8,000,000 may be available for

[[Page 12928]]

     the Collaborative Information Warfare Network.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) for operation and maintenance for the Air 
     Force is hereby reduced by $8,000,000.
                                 ______
                                 
  SA 800. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 213. BORON ENERGY CELL TECHNOLOGY.

       (a) Increase in RDT&E, Air Force.--The amount authorized to 
     be appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force is hereby increased by 
     $5,000,000.
       (b) Availability for Boron Energy Cell Technology.--(1) of 
     the amount authorized to be appropriated by section 201(3) 
     for research, development, test, and evaluation for the Air 
     Force, as increased by subsection (a), $5,000,000 may be 
     available for research, development, test, and evaluation on 
     boron energy cell technology.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts available under this Act for that purpose.
       (c) Offset from Operations and Maintenance, Army.--The 
     amount authorized to be appropriated by section 301(1), for 
     operations and maintenance for the Army is hereby reduced by 
     $5,000,000.
                                 ______
                                 
  SA 801. Mrs. FEINSTEIN (for herself, Mr. Reid, and Mrs. Boxer) 
submitted an amendment intended to be proposed by her to the bill S. 
1050, to authorize appropriations for fiscal year 2004 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 332. SUBMITTAL OF SURVEY ON PERCHLORATE CONTAMINATION AT 
                   DEPARTMENT OF DEFENSE SITES.

       (a) Submittal of Perchlorate Survey.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress the 2001 survey to identify the 
     potential for perchlorate contamination at all active and 
     closed Department of Defense sites that was prepared by the 
     United States Air Force Research Laboratory, Aerospace 
     Expeditionary Force Technologies Division, Tyndall Air Force 
     Base and Applied Research Associates.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Environment and Public Works of the 
     Senate; and
       (2) the Committee on Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 802. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 25, between lines 11 and 12, and insert the 
     following:

     SEC. 213. COMPOSITE SAIL TEST ARTICLES.

       (a) Amount for Articles.--Of the total amount authorized to 
     be appropriated under section 201(2) for Virginia class 
     submarine development, $2,000,000 shall be available for the 
     development and fabrication of composite sail test articles 
     for incorporation into designs for future submarines.
       (b) Adjustments in Authorizations of Appropriations.--(1) 
     The total amount authorized to be appropriated under section 
     201(2) is hereby increased by $2,000,000, the additional 
     amount to be available for Virginia class submarine 
     development.
       (2) The total amount authorized to be appropriated under 
     section 104 is hereby reduced by $2,000,000, to be derived 
     from amounts for Special Operations Forces operational 
     enhancements.
                                 ______
                                 
  SA 803. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 1050, to authorize appropriations for fiscal year 
2004 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 852, and insert the following:

     SEC. 852. FEDERAL SUPPORT FOR ENHANCEMENT OF STATE AND LOCAL 
                   ANTI-TERRORISM RESPONSE CAPABILITIES.

       (a) Procurements of Anti-Terrorism Technologies and 
     Services by State and Local Governments Through Federal 
     Contracts.--
       (1) Establishment of program.--The President shall 
     designate an officer or employee of the United States--
       (A) to establish, and the designated official shall 
     establish, a program under which States and units of local 
     government may procure through contracts entered into by the 
     designated official anti-terrorism technologies or anti-
     terrorism services for the purpose of preventing, detecting, 
     identifying, otherwise deterring, or recovering from acts of 
     terrorism; and
       (B) to carry out the SAFER grant program provided for under 
     subsection (f).
       (2) Designated federal procurement official for program.--
     In this section, the officer or employee designated by the 
     President under paragraph (1) shall be referred to as the 
     ``designated Federal procurement official''.
       (3) Authorities.--Under the program, the designated Federal 
     procurement official--
       (A) may, but shall not be required to, award contracts 
     using the same authorities as are provided to the 
     Administrator of General Services under section 309(b)(3) of 
     the Federal Property and Administrative Services Act (41 
     U.S.C. 259(b)(3)); and
       (B) may make SAFER grants in accordance with subsection 
     (f).
       (4) Offers not required to state and local governments.--A 
     contractor that sells anti-terrorism technology or anti-
     terrorism services to the Federal Government may not be 
     required to offer such technology or services to a State or 
     unit of local government under the program.
       (b) Responsibilities of the Contracting Official.--In 
     carrying out the program established under this section, the 
     designated Federal procurement official shall--
       (1) produce and maintain a catalog of anti-terrorism 
     technologies and anti-terrorism services suitable for 
     procurement by States and units of local government under 
     this program; and
       (2) establish procedures in accordance with subsection (c) 
     to address the procurement of anti-terrorism technologies and 
     anti-terrorism services by States and units of local 
     government under contracts awarded by the designated 
     official.
       (c) Required Procedures.--The procedures required by 
     subsection (b)(2) shall implement the following requirements 
     and authorities:
       (1) Submissions by states.--
       (A) Requests and payments.--Except as provided in 
     subparagraph (B), each State desiring to participate in a 
     procurement of anti-terrorism technologies or anti-terrorism 
     services through a contract entered into by the designated 
     Federal procurement official under this section shall submit 
     to that official in such form and manner and at such times as 
     such official prescribes, the following:
       (i) Request.--A request consisting of an enumeration of the 
     technologies or services, respectively, that are desired by 
     the State and units of local government within the State.
       (ii) Payment.--Advance payment for each requested 
     technology or service in an amount determined by the 
     designated official based on estimated or actual costs of the 
     technology or service and administrative costs incurred by 
     such official.
       (B) Other contracts.--The designated Federal procurement 
     official may award and designate contracts under which States 
     and units of local government may procure anti-terrorism 
     technologies and anti-terrorism services directly from the 
     contractors. No indemnification may be provided under Public 
     Law 85-804 pursuant to an exercise of authority under section 
     851 for procurements that are made directly between 
     contractors and States or units of local government.
       (2) Permitted catalog technologies and services.--A State 
     may include in a request submitted under paragraph (1) only a 
     technology or service listed in the catalog produced under 
     subsection (b)(1).
       (3) Coordination of local requests within state.--The 
     Governor of a State may establish such procedures as the 
     Governor considers appropriate for administering and 
     coordinating requests for anti-terrorism technologies or 
     anti-terrorism services from units of local government within 
     the State.
       (4) Shipment and transportation costs.--A State requesting 
     anti-terrorism technologies or anti-terrorism services shall 
     be responsible for arranging and paying for any shipment or 
     transportation of the technologies or services, respectively, 
     to the State and localities within the State.
       (d) Reimbursement of Actual Costs.--In the case of a 
     procurement made by or for a

[[Page 12929]]

     State or unit of local government under the procedures 
     established under this section, the designated Federal 
     procurement official shall require the State or unit of local 
     government to reimburse the Department for the actual costs 
     it has incurred for such procurement.
       (e) Time for Implementation.--The catalog and procedures 
     required by subsection (b) of this section shall be completed 
     as soon as practicable and no later than 210 days after the 
     enactment of this Act.
       (f) SAFER Grant Program.--
       (1) Authority.--The designated Federal procurement official 
     in cooperation with the Secretary of the Department of 
     Homeland Security or his designee, is authorized to make 
     grants to eligible entities for the purpose of supporting 
     increases in the number of permanent positions for 
     firefighters in fire services to ensure staffing at levels 
     and with skill mixes that are adequate emergency response to 
     incidents or threats of terrorism.
       (2) Use of funds.--The proceeds of a SAFER grant to an 
     eligible entity may be used only for the purpose specified in 
     paragraph (1).
       (3) Duration.--A SAFER grant to an eligible entity shall 
     provide funding for a period of 4 years. The proceeds of the 
     grant shall be disbursed to the eligible entity in 4 equal 
     annual installments.
       (4) Non-federal share.--
       (A) Requirement.--An eligible entity may receive a SAFER 
     grant only if the entity enters into an agreement with the 
     designated Federal procurement official to contribute non-
     Federal funds to achieve the purpose of the grant in the 
     following amounts:
       (i) During the second year in which funds of a SAFER grant 
     are received, an amount equal to 25 percent of the amount of 
     the SAFER grant funds received that year.
       (ii) During the third year in which funds of a SAFER grant 
     are received, an amount equal to 50 percent of the amount of 
     the SAFER grant funds received that year.
       (iii) During the fourth year in which funds of a SAFER 
     grant are received, an amount equal to 75 percent of the 
     amount of the SAFER grant funds received that year.
       (B) Waiver.--The designated Federal procurement official 
     may waive the requirement for a non-Federal contribution 
     described in subparagraph (A) in the case of any eligible 
     entity.
       (C) Asset forfeiture funds.--An eligible entity may use 
     funds received from the disposal of property transferred to 
     the eligible entity pursuant to section 9703(h) of title 31, 
     United States Code, section 981(e) of title 18, United States 
     Code, or section 616 of the Tariff Act of 1930 (19 U.S.C. 
     1616a) to provide the non-Federal share required under 
     paragraph (1).
       (D) BIA funds.--Funds appropriated for the activities of 
     any agency of a tribal organization or for the Bureau of 
     Indian Affairs to perform firefighting functions on any 
     Indian lands may be used to provide the share required under 
     subparagraph (A), and such funds shall be deemed to be non-
     Federal funds for such purpose.
       (5) Applications.--
       (A) Requirement.--To receive a SAFER grant, an eligible 
     entity shall submit an application for the grant to the 
     designated Federal procurement official.
       (B) Content.--Each application for a SAFER grant shall 
     contain, for each fire service covered by the application, 
     the following information:
       (i) A long-term strategy for increasing the force of 
     firefighters in the fire service to ensure readiness for 
     appropriate and effective emergency response to incidents or 
     threats of terrorism.
       (ii) A detailed plan for implementing the strategy that 
     reflects consultation with community groups, consultation 
     with appropriate private and public entities, and 
     consideration of any master plan that applies to the eligible 
     entity.
       (iii) An assessment of the ability of the eligible entity 
     to increase the force of firefighters in the fire service 
     without Federal assistance.
       (iv) An assessment of the levels of community support for 
     increasing that force, including financial and in-kind 
     contributions and any other available community resources.
       (v) Specific plans for obtaining necessary support and 
     continued funding for the firefighter positions proposed to 
     be added to the fire service with SAFER grant funds.
       (vi) An assurance that the eligible entity will, to the 
     extent practicable, seek to recruit and employ (or accept the 
     voluntary services of) firefighters who are members of racial 
     and ethnic minority groups or women.
       (vii) Any additional information that the designated 
     Federal procurement official considers appropriate.
       (C) Special rule for small communities.--The designated 
     Federal procurement official may authorize an eligible entity 
     responsible for a population of less than 50,000 to submit an 
     application without information required under subparagraph 
     (B), and may otherwise make special provisions to facilitate 
     the expedited submission, processing, and approval of an 
     application by such an entity.
       (D) Preferential consideration.--The designated Federal 
     procurement official may give preferential consideration, to 
     the extent feasible, to an application submitted by an 
     eligible entity that agrees to contribute a non-Federal share 
     higher than the share required under paragraph (4)(A).
       (E) Assistance with applications.--The designated Federal 
     procurement official is authorized to provide technical 
     assistance to an eligible entity for the purpose of assisting 
     with the preparation of an application for a SAFER grant.
       (6) Special rules on use of funds.--
       (A) Supplement not supplant.--The proceeds of a SAFER grant 
     made to an eligible entity shall be used to supplement and 
     not supplant other Federal funds, State funds, or funds from 
     a subdivision of a State, or, in the case of a tribal 
     organization, funds supplied by the Bureau of Indian Affairs, 
     that are available for salaries or benefits for firefighters.
       (B) Limitation relating to compensation of firefighters.--
       (i) In general.--The proceeds of a SAFER grant may not be 
     used to fund the pay and benefits of a full-time firefighter 
     if the total annual amount of the pay and benefits for that 
     firefighter exceeds $100,000. The designated Federal 
     procurement official may waive the prohibition in the 
     proceeding sentence in any particular case.
       (ii) Adjustment for inflation.--Effective on October 1 of 
     each year, the total annual amount applicable under 
     subparagraph (A) shall be increased by the percentage 
     (rounded to the nearest one-tenth of one percent) by which 
     the Consumer Price Index for all-urban consumers published by 
     the Department of Labor for July of such year exceeds the 
     Consumer Price Index for all-urban consumers published by the 
     Department of Labor for July of the preceding year. The first 
     adjustment shall be made on October 1, 2004.
       (7) Performance evaluation.--
       (A) Requirement for information.--The designated Federal 
     procurement official shall evaluate, each year, whether an 
     entity receiving SAFER grant funds in such year is 
     substantially complying with the terms and conditions of the 
     grant. The entity shall submit to the designated Federal 
     procurement official any information that the designated 
     Federal procurement official requires for that year for the 
     purpose of the evaluation.
       (B) Revocation or suspension of funding.--If the designated 
     Federal procurement official determines that a recipient of a 
     SAFER grant is not in substantial compliance with the terms 
     and conditions of the grant the designated Federal 
     procurement official may revoke or suspend funding of the 
     grant.
       (8) Access to documents.--
       (A) Audits by designated Federal procurement official.--The 
     designated Federal procurement official shall have access for 
     the purpose of audit and examination to any pertinent books, 
     documents, papers, or records of an eligible entity that 
     receives a SAFER grant.
       (B) Audits by the comptroller general.--Subparagraph (A) 
     shall also apply with respect to audits and examinations 
     conducted by the Comptroller General of the United States or 
     by an authorized representative of the Comptroller General.
       (9) Termination of safer grant authority.--
       (A) In general.--The authority to award a SAFER grant shall 
     terminate at the end of September 30, 2010.
       (B) Report to congress.--Not later than two years after the 
     date of the enactment of this Act, the designated Federal 
     procurement official shall submit to Congress a report on the 
     SAFER grant program under this section. The report shall 
     include an assessment of the effectiveness of the program for 
     achieving its purpose, and may include any recommendations 
     that the designated Federal procurement official has for 
     increasing the forces of firefighters in fire services.
       (10) Definitions.--In this subsection:
       (A) Eligible entity.--The term ``eligible entity'' means--
       (i) a State;
       (ii) a subdivision of a State;
       (iii) a tribal organization;
       (iv) any other public entity that the designated Federal 
     procurement official determines appropriate for eligibility 
     under this section; and
       (v) a multijurisdictional or regional consortium of the 
     entities described in clauses (i) through (iv).
       (B) Firefighter.--The term ``firefighter'' means an 
     employee or volunteer member of a fire service, including a 
     firefighter, paramedic, emergency medical technician, rescue 
     worker, ambulance personnel, or hazardous materials worker, 
     who--
       (i) is trained in fire suppression and has the legal 
     authority and responsibility to engage in fire suppression; 
     or
       (ii) is engaged in the prevention, control, and 
     extinguishment of fires or response to emergency situations 
     where life, property, or the environment is at risk.
       (C) Fire service.--The term ``fire service'' includes an 
     organization described in section 4(5) of the Federal Fire 
     Prevention and Control Act of 1974 that is under the 
     jurisdiction of a tribal organization.

[[Page 12930]]

       (D) Master plan.--The term ``master plan'' has the meaning 
     given the term in section 10 of the Federal Fire Prevention 
     and Control Act of 1974.
       (E) SAFER grant.--The term `SAFER grant' means a grant of 
     financial assistance under this subsection.
       (F) Tribal organization.--The term ``tribal organization'' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b).
       (11) Authorization of Appropriations.--There are authorized 
     to be appropriated for the purpose of carrying out this 
     section such sums as may be necessary from the Department of 
     Homeland Security, up to--
       (A) $1,000,000,000 for fiscal year 2004;
       (B) $1,030,000,000 for fiscal year 2005;
       (C) $1,061,000,000 for fiscal year 2006;
       (D) $1,093,000,000 for fiscal year 2007;
       (E) $1,126,000,000 for fiscal year 2008;
       (F) $1,159,000,000 for fiscal year 2009; and
       (G) $1,194,000,000 for fiscal year 2010.
                                 ______
                                 
  SA 804. Mr. WARNER (for Mr. Smith) proposed an amendment to the bill 
S. 1050, to authorize appropriations for fiscal year 2004 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. 2825. LAND EXCHANGE, NAVAL AND MARINE CORPS RESERVE 
                   CENTER, PORTLAND OREGON.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey to the United Parcel Service, Inc. (in this section 
     referred to as ``UPS''), any or all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 14 acres in Portland, Oregon, and comprising 
     the Naval and Marine Corps Reserve Center for the purpose of 
     facilitating the expansion of the UPS main distribution 
     complex in Portland.
       (b) Property Received in Exchange.--(1) As consideration 
     for the conveyance under subsection (a), UPS shall --
       (A) convey to the United States a parcel of real property 
     determined to be suitable by the Secretary; and
       (B) design, construct, and convey such replacement 
     facilities on the property conveyed under subparagraph (A) as 
     the Secretary considers appropriate.
       (2) The value of the real property and replacement 
     facilities received by the Secretary under this subsection 
     shall be at least equal to the fair market value of the real 
     property conveyed under subsection (a), as determined by the 
     Secretary.
       (c) Payment of Costs of Conveyance.--(1) The Secretary may 
     require UPS to cover costs to be incurred by the Secretary, 
     or to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under subsection (a), 
     including survey costs, costs related to environmental 
     documentation, relocation expenses incurred under subsection 
     (b), and other administrative costs related to the 
     conveyance. If amounts are collected from UPS in advance of 
     the Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to UPS.
       (2) Amounts received as reimbursement under paragraph (1) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account, and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) Condition of Conveyance.--The Secretary may not make 
     the conveyance authorized by subsection (a) until the 
     Secretary determines that the replacement facilities required 
     by subsection (b) are suitable and available for the 
     relocation of the operations of the Naval and Marine Corps 
     Reserve Center.
       (e) Exemption From Federal Screening.--The conveyance 
     authorized by subsection (a) is exempt from the requirement 
     to screen the property for other Federal use pursuant to 
     sections 2693 and 2696 of title 10, United States Code.
       (f) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under this section 
     shall be determined by surveys satisfactory to the Secretary.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 805. Mr. LEVIN (for Mr. Sarbanes (for himself and Ms. Mikulski)) 
proposed an amendment to the bill S. 1050, to authorize appropriations 
for fiscal year 2004 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       On page 370, between lines 15 and 16, insert the following 
     new section:

     SEC. 2825. LAND CONVEYANCE, FORT RITCHIE, MARYLAND.

       (a) Conveyance Authorized.--The Secretary of the Army shall 
     convey, without consideration, to the PenMar Development 
     Corporation, a public instrumentality of the State of 
     Maryland (in this section referred to as the 
     ``Corporation''), all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     improvements thereon, at former Fort Ritchie, Cascade, 
     Maryland, consisting of approximately 33 acres, that is 
     currently being leased by the International Masonry Institute 
     (in this section referred to as the ``Institute''), for the 
     purpose of enabling the Corporation to sell the property to 
     the Institute for the economic development of former Fort 
     Ritchie.
       (b) Exemption from Federal Screening Requirement.--The 
     conveyance authorized by subsection (a) shall be exempt from 
     the requirement to screen the property concerned for further 
     Federal use pursuant to section 2696 of title 10, United 
     States Code, under the Defense Base and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note) or under any other applicable law or regulation.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the Corporation.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 806. Mr. LEVIN (for Mr. Biden (for himself and Mr. Carper)) 
proposed an amendment to the bill S. 1050, to authorize appropriations 
for fiscal year 2004 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       (a) In section 411(a)(5), relating to the authorized 
     strength for Selected Reserve personnel of the Air National 
     Guard of the United States as of September 30, 2004, strike 
     ``107,000'' and insert ``107,030''.
       (b) The total amount authorized to be appropriated under 
     section 104 is hereby reduced by $3,300,000, including 
     $2,100,000 from SOF rotary wing upgrades and $1,200,000 from 
     SOF operational enhancements.
                                 ______
                                 
  SA 807. Mr. LEVIN (for Mr. Bingaman) proposed an amendment to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 213. MAGNETIC LEVITATION.

       (a) Increase in Authorization of Appropriations.--The 
     amount authorized to be appropriated by section 201(3) for 
     research, development, test, and evaluation for the Air Force 
     is hereby increased by $2,100,000, with the amount of the 
     increase to be allocated to Major T&E Investment (PE 
     0604759F).
       (b) Availability.--(1) Of the amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force and available for 
     Major T&E Investment, as increased by subsection (a), 
     $2,100,000 may be available for research and development on 
     magnetic levitation technologies at the high speed test track 
     at Holloman Air Force Base, New Mexico.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts available under this Act for that purpose.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(4) for operation and maintenance, Air Force, is 
     hereby reduced by $2,100,000.
                                 ______
                                 
  SA 808. Mr. WARNER (for Mr. Santorum) proposed an amendment to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       In subtitle B of title I, add after the subtitle heading 
     the following:

[[Page 12931]]



     SEC. 111. RAPID INFUSION PUMPS.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 101(5) for other procurement, 
     Army, $2,000,000 may be available for medical equipment for 
     the procurement of rapid infusion (IV) pumps.
       (2) The total amount authorized to be appropriated under 
     section 101(5) is hereby increased by $2,000,000.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 301(1) for operations and maintenance, Army, the 
     amount available is hereby reduced by $2,000,000.
                                 ______
                                 
  SA 809. Mr. WARNER (for Mr. Santorum) proposed an amendment to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 213. PORTABLE MOBILE EMERGENCY BROADBAND SYSTEMS.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, $2,000,000 may be 
     available for the development of Portable Mobile Emergency 
     Broadband Systems (MEBS).
       (2) The total amount authorized to be appropriated under 
     section 201(1) is hereby increased by $2,000,000.
       (b) Offset.--The amount authorized to be appropriated by 
     section 104 for Procurement, Defense-wide activities, SOF 
     Operational Enhancements is hereby reduced by $2,000,000.
                                 ______
                                 
  SA 810. Mr. WARNER (for Mr. Domenici (for himself and Mr. Bingaman)) 
proposed an amendment to the bill S. 1050, to authorize appropriations 
for fiscal year 2004 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 213. BORON ENERGY CELL TECHNOLOGY.

       (a) Increase in RDT&E, Air Force.--The amount authorized to 
     be appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force is hereby increased by 
     $5,000,000.
       (b) Availability for Boron Energy Cell Technology.--(1) of 
     the amount authorized to be appropriated by section 201(3) 
     for research, development, test, and evaluation for the Air 
     Force, as increased by subsection (a), $5,000,000 may be 
     available for research, development, test, and evaluation on 
     boron energy cell technology.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts available under this Act for that purpose.
       (c) Offset from Operations and Maintenance, Army.--The 
     amount authorized to be appropriated by section 301(1), for 
     operations and maintenance for the Army is hereby reduced by 
     $5,000,000.
                                 ______
                                 
  SA 811. Mr. WARNER (for himself and Mr. Thomas) proposed an amendment 
to the bill S. 1050, to authorize appropriations for fiscal year 2004 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 278, beginning on line 16, strike ``FOR ASIA-
     PACIFIC CENTER FOR SECURITY STUDIES''.
       On page 280, after the matter following line 7, insert the 
     following:
       (c) Acceptance of Guarantees with Gifts in Development of 
     Marine Corps Heritage Center, Marine Corps Base, Quantico, 
     Virginia.--(1) The Secretary of the Navy may utilize the 
     authority in section 6975 of title 10, United States Code, 
     for purposes of the project to develop the Marine Corps 
     Heritage Center at Marine Corps Base, Quantico, Virginia, 
     authorized by section 2884 of the Military Construction 
     Authorization Act for Fiscal Year 2001 (division B of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001; as enacted into law by Public Law 106-398; 114 
     Stat. 1654A-440).
       (2) The authority in paragraph (1) shall expire on December 
     31, 2006.
       (3) The expiration under paragraph (2) of the authority in 
     paragraph (1) shall not effect any qualified guarantee 
     accepted pursuant to such authority for purposes of the 
     project referred to in paragraph (1) before the date of the 
     expiration of such authority under paragraph (2).
                                 ______
                                 
  SA 812. Mr. WARNER (for Mr. McCain) proposed an amendment to the bill 
S. 1050, to authorize appropriations for fiscal year 2004 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       On page 43, strike lines 4 through 9 and insert the 
     following:

     ``SEC. 311. EMERGENCY AND MORALE COMMUNICATIONS PROGRAMS.

       (a) Armed Forces Emergency Services.--Of the amount 
     authorized to be appropriated by section 301(5) for operation 
     and maintenance for Defense-wide activities, $5,000,000 shall 
     be made available to the American Red Cross to fund the Armed 
     Forces Emergency Services.
       (b) Department of Defense Morale Telecommunications 
     Program.--(1) As soon as possible after the date of enactment 
     of this Act, the Secretary of Defense shall establish and 
     carry out a program to provide, wherever practicable, prepaid 
     phone cards, or an equivalent telecommunications benefit 
     which includes access to telephone service, to members of the 
     Armed Forces stationed outside the United States who are 
     directly supporting military operations in Iraq or 
     Afghanistan (as determined by the Secretary) to enable them 
     to make telephone calls to family and friends in the United 
     States without cost to the member.
       (2) The value of the benefit provided by paragraph (1) 
     shall not exceed $40 per month per person.
       (3) The program established by paragraph (1) shall 
     terminate on September 30, 2004.
       (4) In carrying out the program under this subsection, the 
     Secretary shall maximize the use of existing Department of 
     Defense telecommunications programs and capabilities, private 
     entities free or reduced-cost services, and programs to 
     enhance morale and welfare. In addition, and notwithstanding 
     any limitation on the expenditure or obligation of 
     appropriated amounts, the Secretary may use available funds 
     appropriated to or for the use of the Department of Defense 
     that are not otherwise obligated or expended to carry out the 
     program.
       (5) The Secretary may accept gifts and donations in order 
     to defray the costs of the program. Such gifts and donations 
     may be accepted from foreign governments; foundations or 
     other charitable organizations, including those organized or 
     operating under the laws of a foreign country; and any source 
     in the private sector of the United States or a foreign 
     country.
       (6) The Secretary shall work with telecommunications 
     providers to facilitate the deployment of additional 
     telephones for use in calling the United States under the 
     program as quickly as practicable, consistent with the timely 
     provision of telecommunications benefits of the program, the 
     Secretary should carry out this subsection in a manner that 
     allows for competition in the provision of such benefits.
       (7) The Secretary shall not take any action under this 
     subsection that would compromise the military objectives or 
     mission of the Department of Defense.
       At the appropriate place, insert the following new section:

     SEC. __. AIR FARES FOR MEMBERS OF ARMED FORCES.

       It is the sense of the Senate that each United States air 
     carrier should--
       (1) make every effort to allow active duty members of the 
     armed forces to purchase tickets, on a space-available basis, 
     for the lowest fares offered for the flights desired, without 
     regard to advance purchase requirements and other 
     restrictions; and
       (2) offer flexible terms that allow members of the armed 
     forces on active duty to purchase, modify, or cancel tickets 
     without time restrictions, fees, or penalties.
       At the end of subtitle B of title II, add the following:

     SEC. 213. MODIFICATION OF PROGRAM ELEMENT OF SHORT-RANGE AIR 
                   DEFENSE RADAR PROGRAM OF THE ARMY.

       The program element of the short-range air defense radar 
     program of the Army may be modified from Program Element 
     602303A (Missile Technology) to Program Element 603772A 
     (Advanced Tactical Computer Science and Sensor Technology).
       On page 169, between lines 5 and 6, insert the following:
       (d) Integrated Healing Care Practices.--(1) The Secretary 
     of Defense and the Secretary of Veterans Affairs may, acting 
     through the Department of Veterans Affairs-Department of 
     Defense Joint Executive Committee, conduct a program to 
     develop and evaluate integrated healing care practices for 
     members of the Armed Forces and veterans.
       (2) Amounts authorized to be appropriated by section 
     301(21) for the Defense Health Program may be available for 
     the program under paragraph (1).
                                 ______
                                 
  SA 813. Mr. WARNER (for Mr. Specter) proposed an amendment to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for

[[Page 12932]]

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

       At the appropriate place, insert the following new section:

     SEC. __. AIR FARES FOR MEMBERS OF ARMED FORCES.

       It is the sense of the Senate that each United States air 
     carrier should--
       (1) make every effort to allow active duty members of the 
     armed forces to purchase tickets, on a space-available basis, 
     for the lowest fares offered for the flights desired, without 
     regard to advance purchase requirements and other 
     restrictions; and
       (2) offer flexible terms that allow members of the armed 
     forces on active duty to purchase, modify, or cancel tickets 
     without time restrictions, fees, or penalties.
                                 ______
                                 
  SA 814. Mr. WARNER (for Mr. Chambliss) proposed an amendment to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

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

     SEC. 213. MODIFICATION OF PROGRAM ELEMENT OF SHORT RANGE AIR 
                   DEFENSE RADAR PROGRAM OF THE ARMY.

       The program element of the short range air defense radar 
     program of the Army may be modified from Program Element 
     602303A (Missile Technology) to Program Element 603772A 
     (Advanced Tactical Computer Science and Sensor Technology).
                                 ______
                                 
  SA 815. Mr. LEVIN (for Ms. Mikulski) proposed an amendment to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 169, between lines 5 and 6, insert the following:
       (d) Integrated Healing Care Practices.--(1) The Secretary 
     of Defense and the Secretary of Veterans Affairs may, acting 
     through the Department of Veterans Affairs-Department of 
     Defense Joint Executive Committee, conduct a program to 
     develop and evaluate integrated healing care practices for 
     members of the Armed Forces and veterans.
       (2) Amounts authorized to be appropriated by section 
     301(21) for the Defense Health Program may be available for 
     the program under paragraph (1).
                                 ______
                                 
  SA 816. Mr. WARNER (for Mr. Bennett) proposed an amendment to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 276, between lines 5 and 6, insert the following:

     SEC. 1025. STUDY OF BERYLLIUM INDUSTRIAL BASE.

       (a) Requirement for Study.--The Secretary of Defense shall 
     conduct a study of the adequacy of the industrial base of the 
     United States to meet defense requirements of the United 
     States for beryllium.
       (b) Report.--Not later than January 30, 2004, the Secretary 
     shall submit a report on the results of the study to 
     Congress. The report shall contain, at a minimum, the 
     following information:
       (1) A discussion of the issues identified with respect to 
     the long-term supply of beryllium.
       (2) An assessment of the need, if any, for modernization of 
     the primary sources of production of beryllium.
       (3) A discussion of the advisability of, and concepts for, 
     meeting the future defense requirements of the United States 
     for beryllium and maintaining a stable domestic industrial 
     base of sources of beryllium through--
       (A) cooperative arrangements commonly referred to as 
     public-private partnerships;
       (B) the administration of the National Defense Stockpile 
     under the Strategic and Critical Materials Stock Piling Act; 
     and
       (C) any other means that the Secretary identifies as 
     feasible.
                                 ______
                                 
  SA 817. Mr. WARNER (for Mr. McCain (for himself, Mr. Sessions, Mr. 
Graham of South Carolina, and Mr. Bayh)) proposed an amendment to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 310, between lines 9 and 10, insert the following:
       (D) A discussion of NATO decisionmaking on the 
     implementation of the Prague Capabilities Commitment and the 
     development of the NATO Response Force, including--
       (i) an assessment whether the Prague Capabilities 
     Commitment and the NATO Response Force are the sole 
     jurisdiction of the Defense Planning Committee, the North 
     Atlantic Council, or the Military Committee;
       (ii) a description of the circumstances which led to the 
     defense, military, security, and nuclear decisions of NATO on 
     matters such as the Prague Capabilities Commitment and the 
     NATO Response Force being made in bodies other than the 
     Defense Planning Committee;
       (iii) a description of the extent to which any member that 
     does not participate in the integrated military structure of 
     NATO contributes to each of the component committees of NATO, 
     including any and all committees relevant to the Prague 
     Capabilities Commitment and the NATO Response Force;
       (iv) a description of the extent to which any member that 
     does not participate in the integrated military structure of 
     NATO participates in deliberations and decisions of NATO on 
     resource policy, contribution ceilings, infrastructure, force 
     structure, modernization, threat assessments, training, 
     exercises, deployments, and other issues related to the 
     Prague Capabilities Commitment or the NATO Response Force;
       (v) a description and assessment of the impediments, if 
     any, that would preclude or limit NATO from conducting 
     deliberations and making decisions on matters such as the 
     Prague Capabilities Commitment or the NATO Response Force 
     solely in the Defense Planning Committee;
       (vi) the recommendations of the Secretary of Defense on 
     streamlining defense, military, and security decisionmaking 
     within NATO relating to the Prague Capabilities Commitment, 
     and NATO Response Force, and other matters, including an 
     assessment of the feasibility and advisability of the greater 
     utilization of the Defense Planning Committee for such 
     purposes; and
       (vii) if a report under this subparagraph is a report other 
     than the first report under this subparagraph, the 
     information submitted in such report under any of clauses (i) 
     through (vi) may consist solely of an update of any 
     information previously submitted under the applicable clause 
     in a preceding report under this subparagraph.
                                 ______
                                 
  SA 818. Mr. LEVIN (for Mrs. Boxer) proposed an amendment to the bill 
S. 1050, to authorize appropriations for fiscal year 2004 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       At the appropriate place, add the following:
       GAO Study.--Not later than April 1, 2004, the Comptroller 
     General shall submit a report regarding the adequacy of 
     special pays and allowances for service members who 
     experience frequent deployments away from their permanent 
     duty stations for periods less than 30 days. The policies 
     regarding eligibility for family separation allowance, 
     including those relating to required duration of absences 
     from the permanently assigned duty station, should be 
     assessed.
                                 ______
                                 
  SA 819. Mr. WARNER proposed an amendment to the bill S. 1050, to 
authorize appropriations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 25, between lines 11 and 12, insert the following:

     SEC. 213. AMOUNT FOR NETWORK CENTRIC OPERATIONS.

       Of the amount authorized to be appropriated under section 
     201(1) for historically Black colleges and universities, 
     $1,000,000 may be used for funding the initiation of a 
     capability in such institutions to support the network 
     centric operations of the Department of Defense.
                                 ______
                                 
  SA 820. Mr. WARNER (for Mr. Sessions) proposed an amendment to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 155, between lines 10 and 11, insert the following:

[[Page 12933]]

       (c) Death Benefits Study.--(1) It is the sense of Congress 
     that--
       (A) the sacrifices made by the members of the United States 
     Armed Forces are significant and are worthy of meaningful 
     expressions of gratitude by the Government of the United 
     States, especially in cases of sacrifice through loss of 
     life;
       (B) the tragic events of September 11, 2001, and subsequent 
     worldwide combat operations in the Global War on Terrorism 
     and in Operation Iraqi Freedom have highlighted the 
     significant disparity between the financial benefits for 
     survivors of deceased members of the Armed Forces and the 
     financial benefits for survivors of civilian victims of 
     terrorism;
       (C) the death benefits system composed of the death 
     gratuity paid by the Department of Defense to survivors of 
     members of the Armed Forces, the subsequently established 
     Servicemembers' Group Life Insurance (SGLI) program, and 
     other benefits for survivors of deceased members has evolved 
     over time, but there are increasing indications that the 
     evolution of such benefits has failed to keep pace with the 
     expansion of indemnity and compensation available to segments 
     of United States society outside the Armed Forces, a failure 
     that is especially apparent in a comparison of the benefits 
     for survivors of deceased members with the compensation 
     provided to families of civilian victims of terrorism; and
       (D) while Servicemembers' Group Life Insurance (SGLI) 
     provides an assured source of life insurance for members of 
     the Armed Forces that benefits the survivors of such members 
     upon death, the SGLI program requires the members to pay for 
     that life insurance coverage and does not provide an assured 
     minimum benefit.
       (2) The Secretary of Defense shall carry out a study of the 
     totality of all current and projected death benefits for 
     survivors of deceased members of the Armed Forces to 
     determine the adequacy of such benefits. In carrying out the 
     study, the Secretary shall--
       (A) compare the Federal Government death benefits for 
     survivors of deceased members of the Armed Forces with 
     commercial and other private sector death benefits plans for 
     segments of United States society outside the Armed Forces, 
     and also with the benefits available under Public Law 107-37 
     (115 Stat. 219) (commonly known as the ``Public Safety 
     Officer Benefits Bill'');
       (B) assess the personnel policy effects that would result 
     from a revision of the death gratuity benefit to provide a 
     stratified schedule of entitlement amounts that places a 
     premium on deaths resulting from participation in combat or 
     from acts of terrorism;
       (C) assess the adequacy of the current system of Survivor 
     Benefit Plan annuities and Dependency and Indemnity 
     Compensation and the anticipated effects of an elimination of 
     the offset of Survivor Benefit Plan annuities by Dependency 
     and Indemnity Compensation;
       (D) examine the commercial insurability of members of the 
     Armed Forces in high risk military occupational specialties; 
     and
       (E) examine the extent to which private trusts and 
     foundations engage in fundraising or otherwise provide 
     financial benefits for survivors of deceased members of the 
     Armed Forces.
       (3) Not later than March 1, 2004, the Secretary shall 
     submit a report on the results of the study under paragraph 
     (2) to the Committees on Armed Services of the Senate and the 
     House of Representatives. The report shall include the 
     following:
       (A) The assessments, analyses, and conclusions resulting 
     from the study.
       (B) Proposed legislation to address the deficiencies in the 
     system of Federal Government death benefits for survivors of 
     deceased members of the Armed Forces that are identified in 
     the course of the study.
       (C) An estimate of the costs of the system of death 
     benefits provided for in the proposed legislation.
       (4) The Comptroller General shall conduct a study to 
     identify the death benefits that are payable under Federal, 
     State, and local laws for employees of the Federal 
     Government, State governments, and local governments. Not 
     later than November 1, 2003, the Comptroller General shall 
     submit a report containing the results of the study to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives.
                                 ______
                                 
  SA 821. Mr. LEVIN (for Ms. Landrieu (for herself, Mr. Levin, Ms. 
Murkowski, and Mr. Breaux)) proposed an amendment to the bill S. 1050, 
to authorize appropriations for fiscal year 2004 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

       On page 291, between lines 14 and 15, insert the following:

     SEC. 1039. FEDERAL ASSISTANCE FOR STATE PROGRAMS UNDER THE 
                   NATIONAL GUARD CHALLENGE PROGRAM.

       (a) Maximum Federal Share.--Section 509(d) of title 32, 
     United States Code, is amended--
       (1) by striking paragraphs (1), (2), and (3);
       (2) by redesignating paragraph (4) as paragraph (1);
       (3) in paragraph (1), as so redesignated, by striking the 
     period at the end and inserting ``; and''; and
       (4) by adding at the end the following new paragraph (2);
       ``(2) for fiscal year 2004 (notwithstanding paragraph (1)), 
     65 percent of the costs of operating the State program during 
     that year.''.
       (b) Study.--(1) The Secretary of Defense shall carry out a 
     study to evaluate (a) the adequacy of the requirement under 
     section 509(d) of title 32, United States Code, for the 
     United States to fund 60 percent of the costs of operating a 
     State program to the National Guard Challenge Program and the 
     State to fund 40 percent of such costs, and (b) the value of 
     the challenge program to the Department of Defense.
       (2) In carrying out the study under paragraph (1), the 
     Secretary should identify potential alternatives to the 
     matching funds structure provided for the National Guard 
     Challenge Program under section 509(d) of title 32, United 
     States Code, such as a range of Federal-State matching 
     ratios, that would provide flexibility in the management of 
     the program to better respond to temporary fiscal conditions.
       (3) The Secretary shall include the results of the study, 
     including findings, conclusions, and recommendations, in the 
     next annual report to Congress under section 509(k) of title 
     32, United States Code, that is submitted to Congress after 
     the date of the enactment of this Act.
       (c) Amount for Federal Assistance.--(1) The amount 
     authorized to be appropriated under section 301(10) is hereby 
     increased by $3,000,000.
       (2) Of the total amount authorized to be appropriated under 
     section 301(10), $68,216,000 shall be available for the 
     National Guard Challenge Program under section 509 of title 
     32, United States Code.
       (3) The total amount authorized to be appropriated under 
     section 301(4) is hereby reduced by $3,000,000.
                                 ______
                                 
  SA 822. Mr. WARNER proposed an amendment to the bill S. 1050, to 
authorize appropriations for fiscal year 2004 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       On page 69, line 5, strike ``AIRLIFT''.
       On page 70, between the matter following line 9 and line 
     10, insert the following:
       (c) Costs of Goods and Services Provided to Department of 
     State.--For any fee charged to the Department of Defense by 
     the Department of State during any year for the maintenance, 
     upgrade, or construction of United States diplomatic 
     facilities, the Secretary of Defense may remit to the 
     Department of State only that portion, if any, of the total 
     amount of the fee charged for such year that exceeds the 
     total amount of the costs incurred by the Department of 
     Defense for providing goods and services to the Department of 
     State during such year.
                                 ______
                                 
  SA 823. Mr. LEVIN (for Ms. Landrieu (for herself and Mr. Breaux)) 
proposed an amendment to the bill S. 1050, to authorize appropriations 
for fiscal year 2004 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 2825. FEASIBILITY STUDY OF CONVEYANCE OF LOUISIANA ARMY 
                   AMMUNITION PLANT, DOYLINE, LOUISIANA.

       (a) Study Required.--(1) The Secretary of the Army shall 
     conduct a study of the feasibility, costs, and benefits for 
     the conveyance of the Louisiana Army Ammunition Plant as a 
     model for a public-private partnership for the utilization 
     and development of the Plant and similar parcels of real 
     property.
       (2) In conducting the study, the Secretary shall consider--
       (A) the feasibility and advisability of entering into 
     negotiations with the State of Louisiana or the Louisiana 
     National Guard for the conveyance of the Plant;
       (B) means by which the conveyance of the Plant could--
       (i) facilitate the execution by the Department of Defense 
     of its national security mission;
       (ii) facilitate the continued use of the Plant by the 
     Louisiana National Guard and the execution by the Louisiana 
     National Guard of its national security mission; and
       (C) evidence presented by the State of Louisiana of the 
     means by which the conveyance of the Plant could benefit 
     current and potential private sector and governmental tenants 
     of the Plant and facilitate the contribution of such tenants 
     to economic development in Northwestern Louisiana;
       (C) the amount and type of consideration that is 
     appropriate for the conveyance of the Plant;

[[Page 12934]]

       (D) the evidence presented by the State of Louisiana of the 
     extent to which the conveyance of the Plant to a public-
     private partnership will contribute to economic growth in the 
     State of Louisiana and in Northwestern Louisiana in 
     particular;
       (E) the value of any mineral rights in the lands of the 
     Plant;
       (F) the advisability of sharing revenues and rents paid by 
     current and potential tenants of the Plant as a result of the 
     Armament Retooling and Manufacturing Support Program; and
       (b) Louisiana Army Ammunition Plant.--In this section, the 
     term ``Louisiana Army Ammunition Plant'' means the Louisiana 
     Army Ammunition Plant in Doyline, Louisiana, consisting of 
     approximately 14,949 acres, of which 13,665 acres are under 
     license to the Military Department of the State of Louisiana 
     and 1,284 acres are used by the Army Joint Munitions Command.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the study conducted under 
     subsection (a). The report shall include the results of the 
     study and any other matters in light of the study that the 
     Secretary considers appropriate.
                                 ______
                                 
  SA 824. Mr. LEVIN (for Mrs. Feinstein (for herself, Mr. Reid, and 
Mrs. Boxer)) proposed an amendment to the bill S. 1050, to authorize 
appropriations for fiscal year 2004 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. 332. SUBMITTAL OF SURVEY ON PERCHLORATE CONTAMINATION AT 
                   DEPARTMENT OF DEFENSE SITES.

       (a) Submittal of Perchlorate Survey.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress the 2001 survey to identify the 
     potential for perchlorate contamination at all active and 
     closed Department of Defense sites that was prepared by the 
     United States Air Force Research Laboratory, Aerospace 
     Expeditionary Force Technologies Division, Tyndall Air Force 
     Base and Applied Research Associates.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Environment and Public Works of the 
     Senate; and
       (2) the Committee on Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 825. Mrs. BOXER (for herself and Mr. Corzine) proposed an 
amendment to the bill S. 1050, to authorize appropriations for fiscal 
year 2004 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes; as follows:

       At the appropriate place insert the following:

     SEC.   .

       (a) Findings.--The Senate finds that--
       (1) On March 8, 2003, the Army Corps of Engineers awarded a 
     sole-source Indefinite Delivery/Indefinite Quantity contract 
     for the reconstruction of the Iraqi oil industry.
       (2) The Department of Defense has characterized this 
     contract as a short-term ``bridge'' contract that will be 
     used for an interim period until a contract can be awarded on 
     a competitive basis.
       (3) However, the estimated date of completion for this 
     contract is March 2005 and the value is estimated by the 
     Department of Defense to be $7 billion.
       (4) The Department of Defense has established a goal of 
     completing the follow-on competition and having a fully 
     competitive contract in place by August 31, 2003. This goal 
     was stated in a letter dated May 2, 2003.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) The taxpayers deserve fairness.
       (2) Businesses deserve fairness.
       (3) The Competitive in Contracting Act of 1984 establishes 
     a preference for the award of competitive contracts.
       (4) The Department of Defense should meet its goal of 
     having a fully competitive contract in place by August 31, 
     2003 and performing work needed for the reconstruction of the 
     Iraqi oil industry after such date under that competitive 
     contract.
       (c) Report to Congress.--If the Department of Defense fails 
     to meet its own stated goal of having a fully competitive 
     contract in place by August 31, 2003, the Secretary of 
     Defense shall submit a report to Congress by September 30, 
     2003, detailing the reasons for allowing this sole-source 
     contract to continue.
                                 ______
                                 
  SA 826. Mr. WARNER (for himself, Mrs. Boxer, and Mr. Lautenberg) 
proposed an amendment to the bill S. 1050, to authorize appropriations 
for fiscal year 2004 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.  . SENSE OF THE SENATE ON COMPETITIVE AWARD OF CONTRACTS 
                   FOR IRAQI RECONSTRUCTION.

       It is the sense of the Senate that the Department of 
     Defense should fully comply with the Competition in 
     Contracting Act (10 U.S.C. 2304 et seq) for any contract 
     awarded for reconstruction activities in Iraq and should 
     conduct a full and open competition for performing work 
     needed for the reconstruction of the Iraqi oil industry as 
     soon as practicable.
                                 ______
                                 
  SA 827. Mr. DOMENICI (for himself, Mr. McCain, Mr. Nelson of Florida, 
and Mr. Cornyn) submitted an amendment intended to be proposed by him 
to the bill S. 1050, to authorize appropriations for fiscal year 2004 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:
       At the end of subtitle D of title X, add the following:

     SEC. 1039. SENSE OF SENATE ON RECONSIDERATION OF DECISION TO 
                   TERMINATE BORDER SEAPORT INSPECTION DUTIES OF 
                   NATIONAL GUARD UNDER NATIONAL GUARD DRUG 
                   INTERDICTION AND COUNTER-DRUG MISSION.

       (a) Findings.--The Senate makes the following findings:
       (1) The counter-drug inspection mission of the National 
     Guard is highly important to preventing the infiltration of 
     illegal narcotics across United States borders.
       (2) The expertise of members of the National Guard in 
     vehicle inspections at United States borders have made 
     invaluable contributions to the identification and seizure of 
     illegal narcotics being smuggled across United States 
     borders.
       (3) The support provided by the National Guard to the 
     Customs Service and the Border Patrol has greatly enhanced 
     the capability of the Customs Service and the Border Patrol 
     to perform counter-terrorism surveillance and other border 
     protection duties.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of Defense should reconsider the decision of 
     the Department of Defense to terminate the border inspection 
     and seaport inspection duties of the National Guard as part 
     of the drug interdiction and counter-drug mission of the 
     National Guard.
                                 ______
                                 
  SA 828. Mr. LEVIN (for Mr. Kerry, (for himself and Mr. Kennedy)) 
proposed an amendment to the bill S. 1050, to authorize appropriations 
for fiscal year 2004 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe personnel strengths for such fiscal 
year for the Armed Forces, and for other purposes; as follows:

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

     SEC. 634. TRANSPORTATION OF DEPENDENTS TO PRESENCE OF MEMBERS 
                   OF THE ARMED FORCES WHO ARE RETIRED FOR ILLNESS 
                   OR INJURY INCURRED IN ACTIVE DUTY.

       Section 411h(a) of title 37, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraph (3)'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Under the regulations prescribed under paragraph (1), 
     transportation described in subsection (c) may be provided 
     for not more than two family members of a member otherwise 
     described in paragraph (3) who is retired for an illness or 
     injury described in that paragraph if the attending physician 
     or surgeon and the commander or head of the military medical 
     facility exercising control over the member determine that 
     the presence of the family member would be in the best 
     interests of the family member.''; and
       (4) in paragraph (3), as so redesignated, by striking 
     ``paragraph (1)'' and inserting ``paragraph (1) or (2)''.
                                 ______
                                 
  SA 829. Mr. WARNER (for Mr. Voinovich, (for himself and Mr. DeWine)) 
proposed an amendment to the bill S. 1050, to authorize appropriations 
for fiscal year 2004 for military activities of the Department of 
Defense, for military construction, and

[[Page 12935]]

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

       On page 103, between lines 18 and 19, insert the following:
       ``(3) The Department of the Army, the Department of the 
     Navy, and the Department of Transportation shall bear the 
     cost of the instruction at the Air Force Institute of 
     Technology that is received by officers detailed for that 
     instruction by the Secretaries of the Army, Navy, and 
     Transportation, respectively. In the case of an enlisted 
     member permitted to receive instruction at the Institute, the 
     Secretary of the Air Force shall charge that member only for 
     such costs and fees as the Secretary considers appropriate 
     (taking into consideration the admission of enlisted members 
     on a space-available basis).
       On page 71, strike lines 12 through 21, and insert the 
     following:
       (d) Availability of Funds for Local Educational Agencies 
     Affected by the Brooks Air Force Base Demonstration 
     Project.--(1) Up to $500K of the funds made available under 
     subsection (a) may (notwithstanding the limitation in such 
     subsection) also be used for making basic support payments 
     for fiscal year 2004 to a local educational agency that 
     received a basic support payment for fiscal year 2003, but 
     whose payment for fiscal year 2004 would be reduced because 
     of the conversion of Federal property to non-Federal 
     ownership under the Department of Defense infrastructure 
     demonstration project at Brooks Air Force Base, Texas, and 
     the amounts of such basic support payments for fiscal year 
     2004 shall be computed as if the converted property were 
     Federal property for purposes of receiving the basic support 
     payments for the period in which the demonstration project is 
     ongoing, as documented by the local educational agency to the 
     satisfaction of the Secretary.
       (2) If funds are used as authorized under paragraph (1), 
     the Secretary shall reduce the amount of any basic support 
     payment for fiscal year 2004 for a local educational agency 
     described in paragraph (1) by the amount of any revenue that 
     the agency received during fiscal year 2002 from the Brooks 
     Development Authority as a result of the demonstration 
     project described in paragraph (1).
       (e) Definitions.--In this section:
       (1) The term ``educational agencies assistance'' means 
     assistance authorized under section 386(b) of the National 
     Defense Authorization Act for Fiscal Year 1993 (Public Law 
     102-484; 20 U.S.C. 7703 note).
       (2) The term ``local educational agency'' has the meaning 
     given that term in section 8013(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
       (3) The term ``basic support payment'' means a payment 
     authorized under section 8003(b(1)) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).
       At the end of subtitle D of title X, add the following:

     SEC. 1039. SENSE OF SENATE ON RECONSIDERATION OF DECISION TO 
                   TERMINATE BORDER SEAPORT INSPECTION DUTIES OF 
                   NATIONAL GUARD UNDER NATIONAL GUARD DRUG 
                   INTERDICTION AND COUNTER-DRUG MISSION.

       (a) Findings.--The Senate makes the following findings:
       (1) The counter-drug inspection mission of the National 
     Guard is highly important to preventing the infiltration of 
     illegal narcotics across United States borders.
       (2) The expertise of members of the National Guard in 
     vehicle inspections at United States borders have made 
     invaluable contributions to the identification and seizure of 
     illegal narcotics being smuggled across United States 
     borders.
       (3) The support provided by the National Guard to the 
     Customs Service and the Border Patrol has greatly enhanced 
     the capability of the Customs Service and the Border Patrol 
     to perform counter-terrorism surveillance and other border 
     protection duties.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of Defense should reconsider the decision of 
     the Department of Defense to terminate the border inspection 
     and seaport inspection duties of the National Guard as part 
     of the drug interdiction and counter-drug mission of the 
     National Guard.
                                 ______
                                 
  SA 830. Mr. WARNER (for Mrs. Hutchison) proposed an amendment to the 
bill S. 1050, to authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 71, strike lines 12 through 21, and insert the 
     following:
       (d) Availability of Funds for Local Educational Agencies 
     Affected by the Brooks Air Force Base Demonstration 
     Project.--(1) Up to $500k of the funds made available under 
     subsection (a) may (notwithstanding the limitation in such 
     subsection) also be used for making basic support payments 
     for fiscal year 2004 to a local educational agency that 
     received a basic support payment for fiscal year 2003, but 
     whose payment for fiscal year 2004 would be reduced because 
     of the conversion of Federal property to non-Federal 
     ownership under the Department of Defense infrastructure 
     demonstration project at Brooks Air Force Base, Texas, and 
     the amounts of such basic support payments for fiscal year 
     2004 shall be computed as if the converted property were 
     Federal property for purposes of receiving the basic support 
     payments for the period in which the demonstration project is 
     ongoing, as documented by the local educational agency to the 
     satisfaction of the Secretary.
       (2) If funds are used as authorized under paragraph (1), 
     the Secretary shall reduce the amount of any basic support 
     payment for fiscal year 2004 for a local educational agency 
     described in paragraph (1) by the amount of any revenue that 
     the agency received during fiscal year 2002 from the Brooks 
     Development Authority as a result of the demonstration 
     project described in paragraph (1).
       (e) Definitions.--In this section:
       (1) The term ``educational agencies assistance'' means 
     assistance authorized under section 386(b) of the National 
     Defense Authorization Act for Fiscal Year 1993 (Public Law 
     102-484; 20 U.S.C. 7703 note).
       (2) The term ``local educational agency'' has the meaning 
     given that term in section 8013(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
       (3) The term ``basic support payment'' means a payment 
     authorized under section 8003(b(1)) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).
                                 ______
                                 
  SA 831. Mr. WARNER (for Mr. Domenici (for himself, Mr. McCain, Mr. 
Nelson of Florida, and Mr. Cornyn)) proposed an amendment to the bill 
S. 1050, to authorize appropriations for fiscal year 2004 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; as follows:

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

     SEC. 1039. SENSE OF SENATE ON RECONSIDERATION OF DECISION TO 
                   TERMINATE BORDER SEAPORT INSPECTION DUTIES OF 
                   NATIONAL GUARD UNDER NATIONAL GUARD DRUG 
                   INTERDICTION AND COUNTER-DRUG MISSION.

       (a) Findings.--The Senate makes the following findings:
       (1) The counter-drug inspection mission of the National 
     Guard is highly important to preventing the infiltration of 
     illegal narcotics across United States borders.
       (2) The expertise of members of the National Guard in 
     vehicle inspections at United States borders have made 
     invaluable contributions to the identification and seizure of 
     illegal narcotics being smuggled across United States 
     borders.
       (3) The support provided by the National Guard to the 
     Customs Service and the Border Patrol has greatly enhanced 
     the capability of the Customs Service and the Border Patrol 
     to perform counter-terrorism surveillance and other border 
     protection duties.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of Defense should reconsider the decision of 
     the Department of Defense to terminate the border inspection 
     and seaport inspection duties of the National Guard as part 
     of the drug interdiction and counter-drug mission of the 
     National Guard.

                          ____________________