[Congressional Record (Bound Edition), Volume 149 (2003), Part 9]
[Senate]
[Pages 12685-12702]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 757. Ms. COLLINS (for herself, Mr. Talent, Mrs. Hutchison, Ms. 
Snowe, and Mr. Levin) 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 222, between the matter following line 12 and line 
     13, insert the following:

     SEC. 866. CONSOLIDATION OF CONTRACT REQUIREMENTS.

       (a) Amendment to Title 10.--(1) Chapter 141 of title 10, 
     United States Code, is amended by inserting after section 
     2381 the following new section:

[[Page 12686]]



     ``Sec. 2382. Consolidation of contract requirements: policy 
       and restrictions

       ``(a) Policy.--The Secretary of Defense shall require the 
     Secretary of each military department, the head of each 
     Defense Agency, and the head of each Department of Defense 
     Field Activity to ensure that the decisions made by that 
     official regarding consolidation of contract requirements of 
     the department, agency, or field activity, as the case may 
     be, are made with a view to providing small business concerns 
     with appropriate opportunities to participate in Department 
     of Defense procurements as prime contractors and appropriate 
     opportunities to participate in such procurements as 
     subcontractors.
       ``(b) Limitation on Use of Acquisition Strategies Involving 
     Consolidation.--(1) An official of a military department, 
     Defense Agency, or Department of Defense Field Activity may 
     not execute an acquisition strategy that includes a 
     consolidation of contract requirements of the military 
     department, agency, or activity with a total value in excess 
     of $5,000,000, unless the senior procurement executive 
     concerned first--
       ``(A) conducts market research;
       ``(B) identifies any alternative contracting approaches 
     that would involve a lesser degree of consolidation of 
     contract requirements; and
       ``(C) determines that the consolidation is necessary and 
     justified.
       ``(2) A senior procurement executive may determine that an 
     acquisition strategy involving a consolidation of contract 
     requirements is necessary and justified for the purposes of 
     paragraph (1) if the benefits of the acquisition strategy 
     substantially exceed the benefits of each of the possible 
     alternative contracting approaches identified under 
     subparagraph (B) of that paragraph. However, savings in 
     administrative or personnel costs alone do not constitute, 
     for such purposes, a sufficient justification for a 
     consolidation of contract requirements in a procurement 
     unless the total amount of the cost savings is expected to be 
     substantial in relation to the total cost of the procurement.
       ``(3) Benefits considered for the purposes of paragraphs 
     (1) and (2) may include cost and, regardless of whether 
     quantifiable in dollar amounts--
       ``(A) quality;
       ``(B) acquisition cycle;
       ``(C) terms and conditions; and
       ``(D) any other benefit.
       ``(c) Definitions.--In this section:
       ``(1) The terms `consolidation of contract requirements' 
     and `consolidation', with respect to contract requirements of 
     a military department, Defense Agency, or Department of 
     Defense Field Activity, mean a use of a solicitation to 
     obtain offers for a single contract or a multiple award 
     contract to satisfy two or more requirements of that 
     department, agency, or activity for goods or services that 
     have previously been provided to, or performed for, that 
     department, agency, or activity under two or more separate 
     contracts smaller in cost than the total cost of the contract 
     for which the offers are solicited.
       ``(2) The term ``multiple award contract'' means--
       ``(A) a contract that is entered into by the Administrator 
     of General Services under the multiple award schedule program 
     referred to in section 2302(2)(C) of this title;
       ``(B) a multiple award task order contract or delivery 
     order contract that is entered into under the authority of 
     sections 2304a through 2304d of this title or sections 303H 
     through 303K of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253h through 253k); and
       ``(C) any other indeterminate delivery, indeterminate 
     quantity contract that is entered into by the head of a 
     Federal agency with two or more sources pursuant to the same 
     solicitation.
       ``(3) The term `senior procurement executive concerned' 
     means--
       ``(A) with respect to a military department, the official 
     designated under section 16(3) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 414(3)) as the senior 
     procurement executive for the military department; or
       ``(B) with respect to a Defense Agency or a Department of 
     Defense Field Activity, the official so designated for the 
     Department of Defense.
       ``(4) The term `small business concern' means a business 
     concern that is determined by the Administrator of the Small 
     Business Administration to be a small-business concern by 
     application of the standards prescribed under section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a)).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     2381 the following new item:

``2382. Consolidation of contract requirements: policy and 
              restrictions.''.

       (b) Data Review.--(1) The Secretary of Defense shall revise 
     the data collection systems of the Department of Defense to 
     ensure that such systems are capable of identifying each 
     procurement that involves a consolidation of contract 
     requirements within the department with a total value in 
     excess of $5,000,000.
       (2) The Secretary shall ensure that appropriate officials 
     of the Department of Defense periodically review the 
     information collected pursuant to paragraph (1) in 
     cooperation with the Small Business Administration--
       (A) to determine the extent of the consolidation of 
     contract requirements in the Department of Defense; and
       (B) to assess the impact of the consolidation of contract 
     requirements on the availability of opportunities for small 
     business concerns to participate in Department of Defense 
     procurements, both as prime contractors and as 
     subcontractors.
       (3) In this subsection:
       (A) The term ``consolidation of contract requirements'' has 
     the meaning given that term in section 2382(c)(1) of title 
     10, United States Code, as added by subsection (a).
       (B) The term ``small business concern'' means a business 
     concern that is determined by the Administrator of the Small 
     Business Administration to be a small-business concern by 
     application of the standards prescribed under section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a)).
       (c) Applicability.--This section applies only with respect 
     to contracts entered into with funds authorized to be 
     appropriated by this Act.
                                 ______
                                 
  SA 758. Mr. DASCHLE 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 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 21, after line 20, insert the following:

     SEC. 132. B-1B BOMBER AIRCRAFT.

       (a) Amount for Aircraft.--(1) Of the amount authorized to 
     be appropriated under section 103(1), $20,300,000 shall be 
     available to reconstitute the fleet of B-1B bomber aircraft 
     through modifications of 23 B-1B bomber aircraft otherwise 
     scheduled to be retired in fiscal year 2003 that extend the 
     service life of such aircraft and maintain or, as necessary, 
     improve the capabilities of such aircraft for mission 
     performance.
       (2) The Secretary of the Air Force shall submit to the 
     congressional defense committees a report that specifies the 
     amounts necessary to be included in the future-years defense 
     program to reconstitute the B-1B bomber aircraft fleet of the 
     Air Force.
       (b) Adjustment.--The total amount authorized to be 
     appropriated under section 103(1) is hereby increased by 
     $20,300,000.
                                 ______
                                 
  SA 759. Mr. NELSON of Florida 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 REWARD FOR INFORMATION LEADING 
                   TO RESOLUTION OF STATUS OF MEMBERS OF THE ARMED 
                   FORCES WHO REMAIN MISSING IN ACTION.

       (a) Findings.--The Senate makes the following findings:
       (1) The Department of Defense estimates that there are more 
     than 10,000 members of the Armed Forces and others who as a 
     result of activities during the Korean War or the Vietnam War 
     were placed in a missing status or a prisoner of war status, 
     or who were determined to have been killed in action although 
     the body was not recovered, and who remain unaccounted for.
       (2) One member of the Armed Forces, Navy Captain Michael 
     Scott Speicher, remains missing in action from the first 
     Persian Gulf War, and there have been credible reports of him 
     being seen alive in Iraq in the years since his plane was 
     shot down on January 16, 1991.
       (3) The United States should always pursue every lead and 
     leave no stone unturned to completely account for the fate of 
     its missing members of the Armed Forces.
       (4) The Secretary of Defense has the authority to disburse 
     funds as a reward to individuals who provide information 
     leading to the conclusive resolution of cases of missing 
     members of the Armed Forces.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) that the Secretary of Defense should use the authority 
     available to the Secretary to disburse funds rewarding 
     individuals who provide information leading to the conclusive 
     resolution of the status of any missing member of the Armed 
     Forces; and
       (2) to encourage the Secretary to authorize and publicize a 
     reward of $1,000,000 for information resolving the fate of 
     those members of the Armed Forces, such as Michael Scott 
     Speicher, who the Secretary has reason to believe may yet be 
     alive in captivity.

[[Page 12687]]


                                 ______
                                 
  SA 760. Mr. COCHRAN (for himself, Mr. Reed, Mr. Chambliss, Mr. Nelson 
of Nebraska, Ms. Mikulski, Mr. Bond, and Mr. Nelson of Florida) 
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. COPRODUCTION OF ARROW BALLISTIC MISSILE DEFENSE 
                   SYSTEM.

       Of the total amount authorized to be appropriated under 
     section 201 for ballistic missile defense, $115,000,000 may 
     be available for coproduction of the Arrow ballistic missile 
     defense system.
                                 ______
                                 
  SA 761. Mr. GRAHAM of South Carolina (for himself, Mr. Miller, and 
Mrs. Clinton) 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 152 strike line 22 and all that follows through 
     line 9 on page 153, and insert the following:
       (a) Age and Service Requirements.--Subsection (a) of 
     section 12731 of title 10, United States Code, is amended to 
     read as follows:
       ``(a)(1) Except as provided in subsection (c), a person is 
     entitled, upon application, to retired pay computed under 
     section 12739 of this title, if the person--
       ``(A) satisfies one of the combinations of requirements for 
     minimum age and minimum number of years of service (computed 
     under section 12732 of this title) that are specified in the 
     table in paragraph (2);
       ``(B) performed the last six years of qualifying service 
     while a member of any category named in section 12732(a)(1) 
     of this title, but not while a member of a regular component, 
     the Fleet Reserve, or the Fleet Marine Corps Reserve, except 
     that in the case of a person who completed 20 years of 
     service computed under section 12732 of this title before 
     October 5, 1994, the number of years of qualifying service 
     under this subparagraph shall be eight; and
       ``(C) is not entitled, under any other provision of law, to 
     retired pay from an armed force or retainer pay as a member 
     of the Fleet Reserve or the Fleet Marine Corps Reserve.
       ``(a)(2) The combinations of minimum age and minimum years 
     of service required of a person under subparagraph (A) of 
     paragraph (1) for entitlement to retired pay as provided in 
     such paragraph are as follows:
``Age, in years, The minimum years of service required for that age is:
  53.................................................................34
  54.................................................................32
  55.................................................................30
  56.................................................................28
  57.................................................................26
  58.................................................................24
  59.................................................................22
  60.............................................................20.''.

       (b) 20-Year Letter.--Subsection (d) of such section is 
     amended by striking ``the years of service required for 
     eligibility for retired pay under this chapter'' in the first 
     sentence and inserting ``20 years of service computed under 
     section 732 of this title.''.
       (c) Equivalent Treatment For Chiefs of Service.--Subsection 
     (i) of section 1406 of title 10, United States Code, is 
     amended by inserting ``as a commander of a specified or 
     unified combatant command (as defined in section 161(c) of 
     this title),'' after ``Chief of Service,''.
       (d) Reconciling Amendment.--The heading for the applicable 
     subsection is amended by inserting ``Commanders of Combatant 
     Commands,'' after ``Chief of Service,''.
       (e) Effective Date.--This section and the amendments made 
     by this subsection (a) and (b) shall take effect upon 
     enactment of this Act. Subsections (c) and (d) shall apply 
     with . . .
                                 ______
                                 
  SA 762. Ms. COLLINS (for herself and Mr. Voinovich) 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 the bill, add the following:

TITLE __--NATIONAL SECURITY PERSONNEL SYSTEM AND DEPARTMENT OF DEFENSE 
                       CIVIL SERVICE IMPROVEMENT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``National Security 
     Personnel System Act''.

     SEC. __02. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL 
                   SYSTEM.

       (a) In General.--(1) Subpart I of part III of title 5, 
     United States Code, is amended by adding at the end the 
     following new chapter:

 ``CHAPTER 99--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM

``Sec.
``9901. Definitions.
``9902. Establishment of human resources management system.
``9903. Contracting for personal services.
``9904. Attracting highly qualified experts.
``9905. Special pay and benefits for certain employees outside the 
              United States.

     ``Sec. 9901. Definitions

       ``For purposes of this chapter--
       ``(1) the term `Director' means the Director of the Office 
     of Personnel Management; and
       ``(2) the term `Secretary' means the Secretary of Defense.

     ``Sec. 9902. Establishment of human resources management 
       system

       ``(a) In General.--Notwithstanding any other provision of 
     this part, the Secretary may, in regulations prescribed 
     jointly with the Director, establish a human resources 
     management system for some or all of the organizational or 
     functional units of the Department of Defense. The human 
     resources system established under authority of this section 
     shall be referred to as the `National Security Personnel 
     System'.
       ``(b) System Requirements.--The National Security Personnel 
     System established under subsection (a) shall--
       ``(1) be flexible;
       ``(2) be contemporary;
       ``(3) not waive, modify, or otherwise affect--
       ``(A) the public employment principles of merit and fitness 
     set forth in section 2301, including the principles of hiring 
     based on merit, fair treatment without regard to political 
     affiliation or other nonmerit considerations, equal pay for 
     equal work, and protection of employees against reprisal for 
     whistleblowing;
       ``(B) any provision of section 2302, relating to prohibited 
     personnel practices;
       ``(C)(i) any provision of law referred to in section 
     2302(b)(1), (8), and (9); or
       ``(ii) any provision of law implementing any provision of 
     law referred to in section 2302(b) (1), (8), and (9) by--
       ``(I) providing for equal employment opportunity through 
     affirmative action; or
       ``(II) providing any right or remedy available to any 
     employee or applicant for employment in the public service;
       ``(D) any other provision of this part (as described in 
     subsection (c)); or
       ``(E) any rule or regulation prescribed under any provision 
     of law referred to in this paragraph;
       ``(4) ensure that employees may organize, bargain 
     collectively as provided for in this chapter, and participate 
     through labor organizations of their own choosing in 
     decisions which affect them, subject to the provisions of 
     this chapter and any exclusion from coverage or limitation on 
     negotiability established pursuant to law; and
       ``(5) not be limited by any specific law, authority, rule, 
     or regulation prescribed under this title that is waived in 
     regulations prescribed under this chapter.
       ``(c) Other Nonwaivable Provisions.--The other provisions 
     of this part referred to in subsection (b)(3)(D) are (to the 
     extent not otherwise specified in this title)--
       ``(1) subparts A, B, E, G, and H of this part; and
       ``(2) chapters 41, 45, 47, 55 (except subchapter V 
     thereof), 57, 59, 71, 72, 73, and 79, and this chapter.
       ``(d) Limitations Relating to Pay.--(1) Nothing in this 
     section shall constitute authority to modify the pay of any 
     employee who serves in an Executive Schedule position under 
     subchapter II of chapter 53 of this title.
       ``(2) Except as provided for in paragraph (1), the total 
     amount in a calendar year of allowances, differentials, 
     bonuses, awards, or other similar cash payments paid under 
     this title to any employee who is paid under section 5376 or 
     5383 of this title or under title 10 or under other 
     comparable pay authority established for payment of 
     Department of Defense senior executive or equivalent 
     employees may not exceed the total annual compensation 
     payable to the Vice President under section 104 of title 3.
       ``(e) Provisions To Ensure Collaboration With Employee 
     Representatives.--(1) In order to ensure that the authority 
     of this section is exercised in collaboration with, and in a 
     manner that ensures the participation of, employee 
     representatives in the

[[Page 12688]]

     planning, development, and implementation of any human 
     resources management system or adjustments to such system 
     under this section, the Secretary and the Director shall 
     provide for the following:
       ``(A) The Secretary and the Director shall, with respect to 
     any proposed system or adjustment--
       ``(i) provide to the employee representatives representing 
     any employees who might be affected a written description of 
     the proposed system or adjustment (including the reasons why 
     it is considered necessary);
       ``(ii) give such representatives at least 30 calendar days 
     (unless extraordinary circumstances require earlier action) 
     to review and make recommendations with respect to the 
     proposal; and
       ``(iii) give any recommendations received from such 
     representatives under clause (ii) full and fair consideration 
     in deciding whether or how to proceed with the proposal.
       ``(B) Following receipt of recommendations, if any, from 
     such employee representatives with respect to a proposal 
     described in subparagraph (A), the Secretary and the Director 
     shall accept such modifications to the proposal in response 
     to the recommendations as they determine advisable and shall, 
     with respect to any parts of the proposal as to which they 
     have not accepted the recommendations--
       ``(i) notify Congress of those parts of the proposal, 
     together with the recommendations of the employee 
     representatives;
       ``(ii) meet and confer for not less than 30 calendar days 
     with the employee representatives, in order to attempt to 
     reach agreement on whether or how to proceed with those parts 
     of the proposal; and
       ``(iii) at the Secretary's option, or if requested by a 
     majority of the employee representatives participating, use 
     the services of the Federal Mediation and Conciliation 
     Service during such meet and confer period to facilitate the 
     process of attempting to reach agreement.
       ``(C)(i) Any part of the proposal as to which the 
     representatives do not make a recommendation, or as to which 
     the recommendations are accepted by the Secretary and the 
     Director, may be implemented immediately.
       ``(ii) With respect to any parts of the proposal as to 
     which recommendations have been made but not accepted by the 
     Secretary and the Director, at any time after 30 calendar 
     days have elapsed since the initiation of the congressional 
     notification, consultation, and mediation procedures set 
     forth in subparagraph (B), if the Secretary, in his 
     discretion, determines that further consultation and 
     mediation is unlikely to produce agreement, the Secretary may 
     implement any or all of such parts (including any 
     modifications made in response to the recommendations as the 
     Secretary determines advisable), but only after 30 days have 
     elapsed after notifying Congress of the decision to implement 
     the part or parts involved (as so modified, if applicable).
       ``(iii) The Secretary shall notify Congress promptly of the 
     implementation of any part of the proposal and shall furnish 
     with such notice an explanation of the proposal, any changes 
     made to the proposal as a result of recommendations from the 
     employee representatives, and of the reasons why 
     implementation is appropriate under this subparagraph.
       ``(D) If a proposal described in subparagraph (A) is 
     implemented, the Secretary and the Director shall--
       ``(i) develop a method for the employee representatives to 
     participate in any further planning or development which 
     might become necessary; and
       ``(ii) give the employee representatives adequate access to 
     information to make that participation productive.
       ``(2) The Secretary may, at the Secretary's discretion, 
     engage in any and all collaboration activities described in 
     this subsection at an organizational level above the level of 
     exclusive recognition.
       ``(3) In the case of any employees who are not within a 
     unit with respect to which a labor organization is accorded 
     exclusive recognition, the Secretary and the Director may 
     develop procedures for representation by any appropriate 
     organization which represents a substantial percentage of 
     those employees or, if none, in such other manner as may be 
     appropriate, consistent with the purposes of this subsection.
       ``(f) Pay-for-Performance Evaluation System.--(1) The 
     National Security Personnel System established in accordance 
     with this chapter shall include a pay-for-performance 
     evaluation system to better link individual pay to 
     performance and provide an equitable method for appraising 
     and compensating employees.
       ``(2) The regulations implementing this chapter shall--
       ``(A) group employees into pay bands in accordance with the 
     type of function that such employees perform and their level 
     of responsibility; and
       ``(B) establish a performance rating process, which shall 
     include, at a minimum--
       ``(i) rating periods;
       ``(ii) communication and feedback requirements;
       ``(iii) performance scoring systems;
       ``(iv) a system for linking performance scores to salary 
     increases and performance incentives;
       ``(v) a review process;
       ``(vi) a process for addressing performance that fails to 
     meet expectations; and
       ``(vii) a pay-out process.
       ``(3) For fiscal years 2004 through 2008, the overall 
     amount allocated for compensation of the civilian employees 
     of an organizational or functional unit of the Department of 
     Defense that is included in the National Security Personnel 
     System shall not be less than the amount of civilian pay that 
     would have been allocated to such compensation under the 
     General Schedule system, based on--
       ``(A) the number and mix of employees in such 
     organizational or functional unit prior to the conversion of 
     such employees to the National Security Personnel System; and
       ``(B) adjusted for normal step increases and rates of 
     promotion that would have been expected, had such employees 
     remained in the General System system.
       ``(4) The regulations implementing the National Security 
     Personnel System shall provide a formula for calculating the 
     overall amount to be allocated for fiscal years after fiscal 
     year 2008 for compensation of the civilian employees of an 
     organizational or functional unit of the Department of 
     Defense that is included in the National Security Personnel 
     System. The formula shall ensure that such employees are not 
     disadvantaged in terms of the overall amount of pay available 
     as a result of conversion to the National Security Personnel 
     System, while providing flexibility to accommodate changes in 
     the function of the organization, changes in the mix of 
     employees performing those functions, and other changed 
     circumstances that might impact pay levels.
       ``(5) Funds allocated for compensation of the civilian 
     employees of an organizational or functional unit of the 
     Department of Defense in accordance with paragraph (3) or (4) 
     may not be made available for any other purpose unless the 
     Secretary of Defense determines that such action is necessary 
     in the national interest and submits a reprogramming 
     notification in accordance with established procedures.
       ``(g) Performance Management System.--The Secretary of 
     Defense shall develop and implement for organizational and 
     functional units included in the National Security Personnel 
     System, a performance management system that includes--
       ``(1) adherence to merit principles set forth in section 
     2301;
       ``(2) a fair, credible, and equitable system that results 
     in meaningful distinctions in individual employee 
     performance;
       ``(3) a link between the performance management system and 
     the agency's strategic plan;
       ``(4) a means for ensuring employee involvement in the 
     design and implementation of the system;
       ``(5) adequate training and retraining for supervisors, 
     managers, and employees in the implementation and operation 
     of the performance management system;
       ``(6) a process for ensuring ongoing performance feedback 
     and dialogue between supervisors, managers, and employees 
     throughout the appraisal period, and setting timetables for 
     review;
       ``(7) effective transparency and accountability measures to 
     ensure that the management of the system is fair, credible, 
     and equitable, including appropriate independent 
     reasonableness, reviews, internal grievance procedures, 
     internal assessments, and employee surveys; and
       ``(8) a means for ensuring that adequate agency resources 
     are allocated for the design, implementation, and 
     administration of the performance management system.
       ``(h) Provisions Regarding National Level Bargaining.--(1) 
     The National Security Personnel System implemented or 
     modified under this chapter may include employees of the 
     Department of Defense from any bargaining unit with respect 
     to which a labor organization has been accorded exclusive 
     recognition under chapter 71 of this title.
       ``(2) For issues impacting more than 1 bargaining unit so 
     included under paragraph (1), the Secretary may bargain at an 
     organizational level above the level of exclusive 
     recognition. Any such bargaining shall--
       ``(A) be binding on all subordinate bargaining units at the 
     level of recognition and their exclusive representatives, and 
     the Department of Defense and its subcomponents, without 
     regard to levels of recognition;
       ``(B) supersede all other collective bargaining agreements, 
     including collective bargaining agreements negotiated with an 
     exclusive representative at the level of recognition, except 
     as otherwise determined by the Secretary; and
       ``(C) not be subject to further negotiations for any 
     purpose, including bargaining at the level of recognition, 
     except as provided for by the Secretary.
       ``(3) The National Guard Bureau and the Army and Air Force 
     National Guard are excluded from coverage under this 
     subsection.
       ``(4) Any bargaining completed pursuant to this subsection 
     with a labor organization not otherwise having national 
     consultation rights with the Department of Defense or its 
     subcomponents shall not create any obligation on the 
     Department of Defense or its subcomponents to confer national 
     consultation rights on such a labor organization.

[[Page 12689]]

       ``(i) Provisions Relating to Appellate Procedures.--(1) The 
     Secretary shall--
       ``(A) establish an appeals process that provides that 
     employees of the Department of Defense are entitled to fair 
     treatment in any appeals that they bring in decisions 
     relating to their employment; and
       ``(B) in prescribing regulations for any such appeals 
     process--
       ``(i) ensure that employees of the Department of Defense 
     are afforded the protections of due process; and
       ``(ii) toward that end, be required to consult with the 
     Merit Systems Protection Board before issuing any such 
     regulations.
       ``(2) On and after the date occurring 3 years after the 
     date of enactment of the National Security Personnel System 
     Act an employee of the Department of Defense--
       ``(A) may not appeal any employment related decision to the 
     Merit Systems Protection Board; and
       ``(B) shall make any such appeal under the appeals process 
     established under paragraph (1).
       ``(j) Phase-In.--(1) The Secretary of Defense is authorized 
     to apply the National Security Personnel System established 
     in accordance with subsection (a) to organizational or 
     functional units including--
       ``(A) up to 120,000 civilian employees of the Department of 
     Defense in fiscal year 2004;
       ``(B) up to 240,000 civilian employees of the Department of 
     Defense in fiscal year 2005;
       ``(C) up to 360,000 civilian employees in the first fiscal 
     year after the Department meets the criteria specified in 
     paragraph (2);
       ``(D) up to 480,000 civilian employees in the second fiscal 
     year after the Department meets the criteria specified in 
     paragraph (2); and
       ``(E) the entire civilian workforce of the Department of 
     Defense in the third fiscal year after the Department meets 
     the criteria specified in paragraph (2).
       ``(2) The Secretary of Defense is authorized to increase 
     the scope of the National Security Personnel System in 
     accordance with subparagraphs (C), (D), and (E) of paragraph 
     (1) in a fiscal year after fiscal year 2005, if the Director 
     of the Office of Personnel Management has certified that the 
     Department has in place--
       ``(A) a performance management system that meets the 
     criteria specified in subsection (g); and
       ``(B) a pay formula that meets the criteria specified in 
     subsection (f).
       ``(3) Civilian employees in organizational or functional 
     units participating in Department of Defense personnel 
     demonstration projects shall be counted as participants in 
     the National Security Personnel System for the purpose of the 
     limitations established under paragraph (1).
       ``(k) Provisions Related to Separation and Retirement 
     Incentives.--(1) The Secretary may establish a program within 
     the Department of Defense under which employees may be 
     eligible for early retirement, offered separation incentive 
     pay to separate from service voluntarily, or both. This 
     authority may be used to reduce the number of personnel 
     employed by the Department of Defense or to restructure the 
     workforce to meet mission objectives without reducing the 
     overall number of personnel. This authority is in addition 
     to, and notwithstanding, any other authorities established by 
     law or regulation for such programs.
       ``(2)(A) The Secretary may not authorize the payment of 
     voluntary separation incentive pay under paragraph (1) to 
     more than 10,000 employees in any fiscal year, except that 
     employees who receive voluntary separation incentive pay as a 
     result of a closure or realignment of a military installation 
     under the Defense Base Closure and Realignment Act of 1990 
     (title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) shall 
     not be included in that number.
       ``(B) The Secretary shall prepare a report each fiscal year 
     setting forth the number of employees who received such pay 
     as a result of a closure or realignment of a military base as 
     described under subparagraph (A).
       ``(C) The Secretary shall submit the report under 
     subparagraph (B) to--
       ``(i) the Committee on the Armed Services and the Committee 
     on Government Affairs of the Senate; and
       ``(ii) the Committee on Armed Services and the Committee on 
     Government Reform of the House of Representatives.
       ``(3) For purposes of this section, the term `employee' 
     means an employee of the Department of Defense, serving under 
     an appointment without time limitation, except that such term 
     does not include--
       ``(A) a reemployed annuitant under subchapter III of 
     chapter 83 or chapter 84 of this title, or another retirement 
     system for employees of the Federal Government;
       ``(B) an employee having a disability on the basis of which 
     such employee is or would be eligible for disability 
     retirement under any of the retirement systems referred to in 
     paragraph (1); or
       ``(C) for purposes of eligibility for separation incentives 
     under this section, an employee who is in receipt of a 
     decision notice of involuntary separation for misconduct or 
     unacceptable performance.
       ``(4) An employee who is at least 50 years of age and has 
     completed 20 years of service, or has at least 25 years of 
     service, may, pursuant to regulations promulgated under this 
     section, apply and be retired from the Department of Defense 
     and receive benefits in accordance with chapter 83 or 84 if 
     the employee has been employed continuously within the 
     Department of Defense for more than 30 days before the date 
     on which the determination to conduct a reduction or 
     restructuring within 1 or more Department of Defense 
     components is approved pursuant to the system established 
     under subsection (a).
       ``(5)(A) Separation pay shall be paid in a lump sum or in 
     installments and shall be equal to the lesser of--
       ``(i) an amount equal to the amount the employee would be 
     entitled to receive under section 5595(c) of this title, if 
     the employee were entitled to payment under such section; or
       ``(ii) $25,000.
       ``(B) Separation pay shall not be a basis for payment, and 
     shall not be included in the computation, of any other type 
     of Government benefit. Separation pay shall not be taken into 
     account for the purpose of determining the amount of any 
     severance pay to which an individual may be entitled under 
     section 5595 of this title, based on any other separation.
       ``(C) Separation pay, if paid in installments, shall cease 
     to be paid upon the recipient's acceptance of employment by 
     the Federal Government, or commencement of work under a 
     personal services contract as described in paragraph (5).
       ``(6) An employee who receives separation pay under this 
     section on the basis of a separation occurring on or after 
     the date of the enactment of the Federal Workforce 
     Restructuring Act of 1994 (Public Law 103-236; 108 Stat. 111) 
     and accepts employment with the Government of the United 
     States, or who commences work through a personal services 
     contract with the United States within 5 years after the date 
     of the separation on which payment of the separation pay is 
     based, shall be required to repay the entire amount of the 
     separation pay to the Department of Defense. If the 
     employment is with an Executive agency (as defined by section 
     105 of this title) other than the Department of Defense, the 
     Director may, at the request of the head of that agency, 
     waive the repayment if the individual involved possesses 
     unique abilities and is the only qualified applicant 
     available for the position. If the employment is within the 
     Department of Defense, the Secretary may waive the repayment 
     if the individual involved is the only qualified applicant 
     available for the position. If the employment is with an 
     entity in the legislative branch, the head of the entity or 
     the appointing official may waive the repayment if the 
     individual involved possesses unique abilities and is the 
     only qualified applicant available for the position. If the 
     employment is with the judicial branch, the Director of the 
     Administrative Office of the United States Courts may waive 
     the repayment if the individual involved possesses unique 
     abilities and is the only qualified applicant available for 
     the position.
       ``(7) Under this program, early retirement and separation 
     pay may be offered only pursuant to regulations established 
     by the Secretary, subject to such limitations or conditions 
     as the Secretary may require.
       ``(l) Provisions Relating to Hiring.--Notwithstanding 
     subsection (c), the Secretary may exercise any hiring 
     flexibilities that would otherwise be available to the 
     Secretary under section 4703(a)(1).

     ``Sec. 9903. Contracting for personal services

       ``(a) Outside the United States.--The Secretary may 
     contract with individuals for services to be performed 
     outside the United States as determined by the Secretary to 
     be necessary and appropriate for supporting the activities 
     and programs of the Department of Defense outside the United 
     States.
       ``(b) No Federal Employees.--Individuals employed by 
     contract under subsection (a) shall not, by virtue of such 
     employment, be considered employees of the United States 
     Government for the purposes of--
       ``(1) any law administered by the Office of Personnel 
     Management; or
       ``(2) under the National Security Personnel System 
     established under this chapter.
       ``(c) Applicability of Law.--Any contract entered into 
     under subsection (a) shall not be subject to any statutory 
     provision prohibiting or restricting the use of personnel 
     service contracts.

     ``Sec. 9904. Attracting highly qualified experts

       ``(a) In General.--The Secretary may carry out a program 
     using the authority provided in subsection (b) in order to 
     attract highly qualified experts in needed occupations, as 
     determined by the Secretary.
       ``(b) Authority.--Under the program, the Secretary may--
       ``(1) appoint personnel from outside the civil service and 
     uniformed services (as such terms are defined in section 2101 
     of this title) to positions in the Department of Defense 
     without regard to any provision of this title governing the 
     appointment of employees to positions in the Department of 
     Defense;
       ``(2) prescribe the rates of basic pay for positions to 
     which employees are appointed under paragraph (1) at rates 
     not in excess of the maximum rate of basic pay authorized for 
     senior-level positions under section 5376 of this title, as 
     increased by locality-based

[[Page 12690]]

     comparability payments under section 5304 of this title, 
     notwithstanding any provision of this title governing the 
     rates of pay or classification of employees in the executive 
     branch; and
       ``(3) pay any employee appointed under paragraph (1) 
     payments in addition to basic pay within the limits 
     applicable to the employee under subsection (d).
       ``(c) Limitation on Term of Appointment.--(1) Except as 
     provided in paragraph (2), the service of an employee under 
     an appointment made pursuant to this section may not exceed 5 
     years.
       ``(2) The Secretary may, in the case of a particular 
     employee, extend the period to which service is limited under 
     paragraph (1) by up to 1 additional year if the Secretary 
     determines that such action is necessary to promote the 
     Department of Defense's national security missions.
       ``(d) Limitations on Additional Payments.--(1) The total 
     amount of the additional payments paid to an employee under 
     this section for any 12-month period may not exceed the 
     lesser of the following amounts:
       ``(A) $50,000 in fiscal year 2004, which may be adjusted 
     annually thereafter by the Secretary, with a percentage 
     increase equal to one-half of 1 percentage point less than 
     the percentage by which the Employment Cost Index, published 
     quarterly by the Bureau of Labor Statistics, for the base 
     quarter of the year before the preceding calendar year 
     exceeds the Employment Cost Index for the base quarter of the 
     second year before the preceding calendar year.
       ``(B) The amount equal to 50 percent of the employee's 
     annual rate of basic pay.
     For purposes of this paragraph, the term `base quarter' has 
     the meaning given such term by section 5302(3).
       ``(2) An employee appointed under this section is not 
     eligible for any bonus, monetary award, or other monetary 
     incentive for service except for payments authorized under 
     this section.
       ``(3) Notwithstanding any other provision of this 
     subsection or of section 5307, no additional payments may be 
     paid to an employee under this section in any calendar year 
     if, or to the extent that, the employee's total annual 
     compensation will exceed the maximum amount of total annual 
     compensation payable at the salary set in accordance with 
     section 104 of title 3.
       ``(e) Limitation on Number of Highly Qualified Experts.--
     The number of highly qualified experts appointed and retained 
     by the Secretary under subsection (b)(1) shall not exceed 300 
     at any time.
       ``(f) Savings Provisions.--In the event that the Secretary 
     terminates this program, in the case of an employee who, on 
     the day before the termination of the program, is serving in 
     a position pursuant to an appointment under this section--
       ``(1) the termination of the program does not terminate the 
     employee's employment in that position before the expiration 
     of the lesser of--
       ``(A) the period for which the employee was appointed; or
       ``(B) the period to which the employee's service is limited 
     under subsection (c), including any extension made under this 
     section before the termination of the program; and
       ``(2) the rate of basic pay prescribed for the position 
     under this section may not be reduced as long as the employee 
     continues to serve in the position without a break in 
     service.

     ``Sec. 9905. Special pay and benefits for certain employees 
       outside the United States

       ``The Secretary may provide to certain civilian employees 
     of the Department of Defense assigned to activities outside 
     the United States as determined by the Secretary to be in 
     support of Department of Defense activities abroad hazardous 
     to life or health or so specialized because of security 
     requirements as to be clearly distinguishable from normal 
     Government employment--
       ``(1) allowances and benefits--
       ``(A) comparable to those provided by the Secretary of 
     State to members of the Foreign Service under chapter 9 of 
     title I of the Foreign Service Act of 1980 (Public Law 96-
     465, 22 U.S.C. 4081 et seq.) or any other provision of law; 
     or
       ``(B) comparable to those provided by the Director of 
     Central Intelligence to personnel of the Central Intelligence 
     Agency; and
       ``(2) special retirement accrual benefits and disability in 
     the same manner provided for by the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2001 et seq.) and in section 
     18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     403r).''.
       (2) The table of chapters for part III of such title is 
     amended by adding at the end of subpart I the following new 
     item:

   ``99. Department of Defense National Security Personnel 
           System.............................................  9901''.

       (b) Impact on Department of Defense Civilian Personnel.--
     (1) Any exercise of authority under chapter 99 of such title 
     (as added by subsection (a)), including under any system 
     established under such chapter, shall be in conformance with 
     the requirements of this subsection.
       (2) No other provision of this Act or of any amendment made 
     by this Act may be construed or applied in a manner so as to 
     limit, supersede, or otherwise affect the provisions of this 
     section, except to the extent that it does so by specific 
     reference to this section.
       (c) External Third-Party Review of Labor-Management 
     Disputes.--Chapter 71 of title 5, United States Code is 
     amended--
       (1) in section 7105(a), by adding at the end the following:
       ``(3)(A) In carrying out subparagraphs (C), (D), (E), (F), 
     and (H) of paragraph (2), in matters that involve agencies 
     and employees of the Department of Defense, the Authority 
     shall take final action within 180 days after the filing of a 
     charge, unless--
       ``(i) there is express approval of the parties to extend 
     the 180-day period; or
       ``(ii) the Authority extends the 180-day period under 
     subparagraph (B).
       ``(B) In cases raising significant issues that involve 
     agencies and employees of the Department of Defense, the 
     Authority may extend the time limit under subparagraph (A), 
     and the time limits under sections 7105(e)(1), 7105(f) and 
     7118(a)(9) of this title, if the Authority gives notice to 
     the public of the opportunity for interested persons to file 
     amici curiae briefs.'';
       (2) in section 7105(e), by adding at the end the following:
       ``(3) If a representation inquiry or election involves 
     employees of the Department of Defense, the regional director 
     shall, absent express approval from the parties, complete the 
     tasks delegated to the regional authority under paragraph (1) 
     within 180 days after the delegation.'';
       (3) in section 7105(f)--
       (A) by inserting ``(1)'' after ``(f)'';
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively; and
       (C) by adding at the end the following:
       ``(2) In any dispute that involves agencies and employees 
     within the Department of Defense, if review is granted, the 
     Authority action to affirm, modify, or reverse any action 
     shall, absent express approval from the parties, be completed 
     within 120 days after the grant of review.'';
       (4) in section 7118(a), by adding at the end the following:
       ``(9)(A) Any individual conducting a hearing described in 
     paragraph (7) or (8), involving an unfair labor practice 
     allegation within the Department of Defense, shall complete 
     the hearing and make any determinations within 180 days after 
     the filing of a charge under paragraph (1). The Authority's 
     review of any such determinations shall, absent express 
     approval from the parties, be completed within 180 days after 
     the filing of any exceptions.
       ``(B) The 180-day periods under subparagraph (A) shall 
     apply, unless there is express approval of the parties to 
     extend a period.''; and
       (5) in section 7119(c)(5)(C), by adding at the end the 
     following: ``The Panel shall, absent express approval from 
     the parties, take final action within 180 days after being 
     presented with an impasse between agencies and employees 
     within the Department of Defense.''.

     SEC. __03. MILITARY LEAVE FOR MOBILIZED FEDERAL CIVILIAN 
                   EMPLOYEES.

       (a) In General.--Subsection (b) of section 6323 of title 5, 
     United States Code, is amended--
       (1) in paragraph (2)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and at the end of clause (ii), as 
     so redesignated, by inserting ``or''; and
       (B) by inserting ``(A)'' after ``(2)''; and
       (2) by inserting the following before the text beginning 
     with ``is entitled'':
       ``(B) performs full-time military service as a result of a 
     call or order to active duty in support of a contingency 
     operation as defined in section 101(a)(13) of title 10;''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to military service performed on or after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 763. Mrs. HUTCHISON 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; as follows:

       On page 273, between lines 17 and 18, insert the following:
       (P) The results of a study, carried out by the Secretary of 
     Defense, regarding the availability of family support 
     services provided to the dependents of members of the 
     National Guard and other reserve components of the Armed 
     Forces who are called or ordered to active duty (hereinafter 
     in this subparagraph referred to as ``mobilized members''), 
     including, at a minimum, the following matters:
       (i) A discussion of the extent to which cooperative 
     agreements are in place or need to be entered into to ensure 
     that dependents of mobilized members receive adequate family 
     support services from within existing family readiness groups 
     at military installations without regard to the members' 
     armed force or component of an armed force.

[[Page 12691]]

       (ii) A discussion of what additional family support 
     services, and what additional family support agreements 
     between and among the Armed Forces (including the Coast 
     Guard), are necessary to ensure that adequate family support 
     services are provided to the families of mobilized members.
       (iii) A discussion of what additional resources are 
     necessary to ensure that adequate family support services are 
     available to the dependents of each mobilized member at the 
     military installation nearest the residence of the 
     dependents.
       (iv) The additional outreach programs that should be 
     established between families of mobilized members and the 
     sources of family support services at the military 
     installations in their respective regions.
       (v) A discussion of the procedures in place for providing 
     information on availability of family support services to 
     families of mobilized members at the time the members are 
     called or ordered to active duty.
                                 ______
                                 
  SA 764. Mr. BINGAMAN 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:

       In section 3131, add at the end the following:
       (c) Report.--(1) Not later than March 1, 2004, the 
     Secretary of Defense and the Secretary of State shall jointly 
     submit to Congress a report assessing the effects on the 
     proliferation goals, objectives, and activities of the United 
     States of the repeal of section 3136 of the National Defense 
     Authorization Act for Fiscal Year 1994, including the effects 
     of the repeal of the prohibition on activities carried out 
     under the Cooperative Threat Reduction program.
       (2) The report shall be submitted in unclassified form, but 
     may include a classified annex.
                                 ______
                                 
  SA 765. Mr. BINGAMAN (for himself, Mr. Dorgan, Mr. Reed, and Mr. 
Biden) 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; as follows:

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

     SEC. 225. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CONGRESS 
                   FOR DESIGN, DEVELOPMENT, OR DEPLOYMENT OF HIT-
                   TO-KILL BALLISTIC MISSILE INTERCEPTORS.

       No amount authorized to be appropriated by this Act for 
     research, development, test, and evaluation, Defense-wide, 
     and available for Ballistic Missile Defense Systems 
     Interceptors (PE 060886C), may be obligated or expended to 
     design, develop, or deploy hit-to-kill interceptors or other 
     weapons for placement in space unless specifically authorized 
     by Congress.
                                 ______
                                 
  SA 766. Mr. NELSON of Florida (for himself, Mr. Warner, and Mr. 
Levin) 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 XXXI, add the following:

     SEC. 3135. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CONGRESS 
                   FOR COMMENCEMENT OF ENGINEERING DEVELOPMENT 
                   PHASE OR SUBSEQUENT PHASE OF ROBUST NUCLEAR 
                   EARTH PENETRATOR.

       The Secretary of Energy may not commence the engineering 
     development phase (phase 6.3) of the nuclear weapons 
     development process, or any subsequent phase, of a Robust 
     Nuclear Earth Penetrator weapon unless specifically 
     authorized by Congress.
                                 ______
                                 
  SA 767. Mr. NELSON of Florida (for himself, Mr. Warner, and Mr. 
Levin) 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 in Title XXXI in the bill add the 
     following new section:

     SEC.   .

       (a) Findings.--Much of the work that will be carried out by 
     the Secretary of Energy in the feasibility study for the 
     Robust Nuclear Earth Penetrator will have applicability to a 
     nuclear or a conventional earth penetrator, but the 
     Department of Energy does not have responsibility for 
     development of conventional earth penetrator or other 
     conventional programs for hard and deeply buried targets.
       (b) Plan.--The Secretary of Energy and the Secretary of 
     Defense shall develop, submit to Congress three months after 
     the date of enactment of this act, and implement, a plan to 
     coordinate the Robust Nuclear Earth Penetrator feasibility 
     study at the Department of Energy with the ongoing 
     conventional hard and deeply buried weapons development 
     programs at the Department of Defense. This plan shall ensure 
     that over the course of the feasibility study for the Robust 
     Nuclear Earth Penetrator the work of the DOE, with 
     application to the DOD programs, is shared with and 
     integrated into the DOD programs.
                                 ______
                                 
  SA 768. Mr. INHOFE 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. HUMAN TISSUE ENGINEERING.

       (a) Amount.--Of the amount authorized to be appropriated 
     under section 201(1), $1,710,000 may be available in PE 
     0602787A for human tissue engineering.
       (b) Offsets.--Of the amount authorized to be appropriated 
     under section 201(1)--
       (1) the total amount available in PE 0603015A for Immersive 
     Simulation and training research, is hereby reduced by 
     $710,000;
       (2) the total amount available in PE 0602308A for the 
     Immersive Simulation and training research, is hereby reduced 
     by $500,000; and
       (3) the total amount available in PE 0602712A for chemical 
     vapor sensing, is hereby reduced by $500,000.
                                 ______
                                 
  SA 769. Mr. INHOFE 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 III, add the following:

     SEC. 332. RANGE MANAGEMENT.

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2019. Range management

       ``(a) Definition of Solid Waste.--(1) The term `solid 
     waste' as used in the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.) does not include military munitions, including 
     unexploded ordnance, and the constituents thereof, that are 
     or have been deposited, incident to their normal and expected 
     use, on an operational range, and remain thereon, unless such 
     military munitions, including unexploded ordnance, or the 
     constituents thereof--
       ``(A) are recovered, collected, and then disposed of by 
     burial or land filling; or
       ``(B) have migrated off an operational range and are not 
     addressed through a response action under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
       ``(2) The military munitions, including unexploded 
     ordnance, or constituents thereof that become a solid waste 
     under subparagraph (A) or (B) of paragraph (1) shall be 
     subject to the provisions of the Solid Waste Disposal Act, 
     including but not limited to sections 7002 and 7003, where 
     applicable.
       ``(3) Nothing in this section affects the authority of 
     Federal, State, interstate, or local regulatory authorities 
     to determine when military munitions, including unexploded 
     ordnance, or the constituents thereof, become hazardous waste 
     for purposes of the Solid Waste Disposal Act, except for 
     military munitions, including unexploded ordnance, or the 
     constituents thereof, that are excluded from the definition 
     of solid waste by this subsection.
       ``(b) Definition of Release.--(1) The term `release' as 
     used in the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) does not include the deposit or presence on an 
     operational range of any military munitions, including 
     unexploded ordnance, and the constituents thereof, that are 
     or have been deposited thereon incident to their normal and

[[Page 12692]]

     expected use, and remain thereon. The term `release' does 
     include the deposit off an operational range, or the 
     migration off an operational range, of military munitions, 
     including unexploded ordnance, or the constituents thereof.
       ``(2) Notwithstanding the provisions of paragraph (1), the 
     authority of the President under section 106(a) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9606(a)) to take action 
     because there may be an imminent and substantial endangerment 
     to the public health or welfare or the environment because of 
     an actual or threatened release of a hazardous substance 
     includes the authority to take action because of the deposit 
     or presence on an operational range of any military 
     munitions, including unexploded ordnance, or the constituents 
     thereof that are or have been deposited thereon incident to 
     their normal and expected use and remain thereon.
       ``(c) Definition of Constituents.--In this section, the 
     term `constituents' means any materials originating from 
     military munitions, including unexploded ordnance, explosive 
     and non-explosive materials, and emission, degradation, or 
     breakdown products of such munitions.
       ``(d) Change in Range Status.--Nothing in this section 
     affects the legal requirements applicable to military 
     munitions, including unexploded ordnance, and the 
     constituents thereof, that have been deposited on an 
     operational range, once the range ceases to be an operational 
     range.
       ``(e) Construction.--Nothing in this section affects the 
     authority of the Department of Defense to protect the 
     environment, safety, and health on operational ranges.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2019. Range management.''.
                                 ______
                                 
  SA 770. 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 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 
     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.

[[Page 12693]]

       (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.
       (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--
       (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 771. 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:

       On page 17, strike line 11 and insert the following:

     SEC. 111. CH-47 HELICOPTER PROGRAM.

       (a) Requirement for Study.--The Secretary of the Army shall 
     study the feasibility and the costs and benefits of providing 
     for the participation of a second source in the production of 
     gears for the helicopter transmissions incorporated into CH-
     47 helicopters being procured by the Army with funds 
     authorized to be appropriated by this Act.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit a report on 
     the results of the study to Congress.
                                 ______
                                 
  SA 772. Mr. GRASSLEY (for himself, Mr. Harkin, and Mr. Durbin) 
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 83, between lines 5 and 6, insert the following:

     SEC. 370. PILOT PROGRAM TO CONSOLIDATE AND IMPROVE 
                   AUTHORITIES FOR ARMY WORKING-CAPITAL FUNDED 
                   FACILITIES TO ENGAGE IN PUBLIC-PRIVATE 
                   PARTNERSHIPS.

       (a) Authority.--Chapter 433 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

[[Page 12694]]



     Sec. 4544. Army industrial facilities: public-private 
       partnerships for Ground Systems Industrial Enterprise

       ``(a) Pilot Program Authority for Public-Private 
     Partnerships.--During fiscal years 2004 through 2008, the 
     head of a Ground Systems Industrial Enterprise of the 
     Department of the Army may enter into cooperative 
     arrangements with non-Army entities to carry out military or 
     commercial projects with the non-Army entities. A cooperative 
     arrangement under this section shall be known as a `public-
     private partnership'.
       ``(b) Ground Systems Industrial Enterprises.--(1) The 
     Secretary of the Army shall initially designate as members of 
     the Ground Systems Industrial Enterprise the following Army 
     facilities:
       ``(A) Rock Island Arsenal, Illinois.
       ``(B) Watervliet Arsenal, New York.
       ``(C) Anniston Army Depot, Alabama.
       ``(D) Red River Army Depot, Texas.
       ``(E) Sierra Army Depot, California.
       ``(F) Lima Army Tank Plant, Lima, Ohio.
       ``(2) The Secretary may designate additional working-
     capital funded Army industrial facilities as participants in 
     the Ground Systems Industrial Enterprise or may terminate 
     such a designation as a result of an Army reorganization or 
     realignment.
       ``(c) Authorized Partnership Activities.--A public-private 
     partnership entered into by an Enterprise facility may, 
     subject to subsection (d), engage in any of the following 
     activities:
       ``(1) The sale of articles manufactured by the facility or 
     services performed by the facility to persons outside the 
     Department of Defense.
       ``(2) The performance of--
       ``(A) work by a non-Army entity at the facility; or
       ``(B) work for a non-Army entity by the facility.
       ``(3) The sharing of work by the facility and one or more 
     non-Army entities.
       ``(4) The leasing, or use under a facilities use contract 
     or otherwise, of the facility (including excess capacity) or 
     equipment (including excess equipment) of the facility by a 
     non-Army entity.
       ``(5) The preparation and submission of joint offers by the 
     facility and one or more non-Army entities for competitive 
     procurements entered into with a department or agency of the 
     United States.
       ``(6) Any other cooperative effort by the facility and one 
     or more non-Army entities that the Secretary determines 
     appropriate, whether or not the effort is similar to an 
     activity described in another paragraph of this subsection.
       ``(d) Conditions for Public-Private Partnerships.--An 
     activity described in subsection (c) may be carried out as a 
     public-private partnership of an Enterprise facility only 
     under the following conditions:
       ``(1) In the case of an article to be manufactured or 
     services to be performed by the facility, the articles can be 
     substantially manufactured, or the services can be 
     substantially performed, by the facility without 
     subcontracting for more than incidental performance.
       ``(2) The activity does not interfere with performance of--
       ``(A) work by the facility for the Department of Defense or 
     for a contractor of the Department of Defense; or
       ``(B) a military mission of the facility.
       ``(3) The activity meets one of the following objectives:
       ``(A) Maximize utilization of the capacity of the facility.
       ``(B) Reduce or eliminate the cost of ownership of the 
     facility.
       ``(C) Preserve skills or equipment related to a core 
     competency of the facility.
       ``(4) The non-Army entity partner or purchaser agrees to 
     hold harmless and indemnify the United States from any 
     liability or claim for damages or injury to any person or 
     property, including any damages or injury arising out of a 
     decision by the Secretary of the Army or the Secretary of 
     Defense to suspend or terminate a public-private partnership, 
     or any portion thereof, during a war or national emergency, 
     except--
       ``(A) in any case of willful misconduct or gross negligence 
     on the part of an officer or employee of the United States; 
     and
       ``(B) in the case of a claim by a purchaser of articles or 
     services under this section that damages or injury arose from 
     the failure of the Government to comply with quality or cost 
     performance requirements in the contract to provide the 
     articles or services.
       ``(e) Methods of Public-Private Partnerships.--To conduct 
     an activity of a public-private partnership under this 
     section, the head of an Enterprise facility may, in the 
     exercise of good business judgment--
       ``(1) enter into a public-private partnership on an 
     exclusive basis;
       ``(2) enter into a firm, fixed-price contract (or, if 
     agreed to by the purchaser, a cost reimbursement contract) 
     for a sale of articles or services or use of equipment or 
     facilities;
       ``(3) enter into a multiyear contract establishing the 
     public-private partnership for any period determined by the 
     head of the facility to be consistent with the needs of the 
     facility, but not to extend beyond September 30, 2008;
       ``(4) charge a partner the variable costs associated with 
     providing the articles, services, equipment or facilities;
       ``(5) authorize a partner to use incremental funding to pay 
     for the articles, services, or use of equipment or 
     facilities;
       ``(6) accept payment-in-kind;
       ``(7) perform a reasonable amount of work in advance of 
     receipt of payment; and
       ``(8) develop and maintain working capital to be available 
     for paying design costs, planning costs, procurement costs, 
     capital investment items, and other costs associated with the 
     partnership.
       ``(f) Deposit of Proceeds.--The proceeds of sales and 
     articles and services of an Enterprise facility under this 
     section shall be credited to the working-capital fund or 
     funds or the appropriation used for paying the costs of 
     manufacturing the articles or performing the services.
       ``(g) Approval of Sales.--The authority of an Enterprise 
     facility to conduct a public-private partnership under this 
     section shall be exercised at the level of the commander of 
     the major subordinate command of the Army that has 
     responsibility for the facility. The commander may approve 
     such partnership on a case basis or a class basis.
       ``(h) Relationship to other laws.--(1) Nothing in this 
     section shall be construed to affect the applicability of--
       ``(A) foreign military sales and the export controls 
     provided for in sections 30 and 38 of the Arms Export Control 
     Act (22 U.S.C. 2770 and 2778) to activities of a public-
     private partnership under this section; and
       ``(B) section 2667 of this title to leases of non-excess 
     property in the administration of a public-private 
     partnership under this section.
       ``(2) Section 1341 of title 31 does not apply in the case 
     of a transaction entered into under the authority of this 
     section for an activity of a public-private partnership.
       ``(3) Enterprise facilities shall use the authority under 
     this section for the establishment and operation of a public-
     private partnership instead of the authorities under sections 
     2563, 2208(h), 2208(j), and 2474 of this title.
       ``(i) Definitions.--In this section:
       ``(1) The term `Army industrial facility' includes an 
     arsenal, a depot, and a manufacturing plant.
       ``(2) The term `Enterprise facility' means an Army 
     industrial facility designated as a member of the Ground 
     Systems Industrial Enterprise under subsection (b).
       ``(3) The term `non-Army entity' includes the following:
       ``(A) An entity in industry or commercial sales.
       ``(B) A State or political subdivision of a State.
       ``(C) An institution of higher education and a vocational 
     training institution.
       ``(4) The term `incremental funding' means a series of 
     partial payments that--
       ``(A) are made as the work on manufacture of articles is 
     being performed or services are being performed or equipment 
     or facilities are used, as the case may be; and
       ``(B) result in full payment being completed as the 
     required work is being completed.
       ``(5) The term `variable costs' means the costs that are 
     expected to fluctuate directly with the volume of sales or 
     services provided or the use of equipment or facilities.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:
``4544. Army industrial facilities: public-private partnerships for 
              Ground Systems Industrial Enterprise.''.
                                 ______
                                 
  SA 773. Mr. SMITH (for himself, Mr. Wyden) 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 41, line 7, strike ``$4,405,646,000'' and insert 
     ``$396,646,000''.
       On page 355, insert ``(a) In General.--'' before ``There 
     are''.
       On page 355, line 15, strike ``$276,779,000'' and insert 
     ``$285,779,000''.
       On page 355, after line 23, add the following:
       (b) Total Project Authorization Amount for Certain Army 
     National Guard Project.--The authorized project amount for 
     the Armed Forces Reserve Complex Center, Eugene, Oregon, for 
     which $9,000,000 is authorized to be appropriated by 
     subsection (a)(1)(A), is $27,051,000.
                                 ______
                                 
  SA 774. Mr. HARKIN 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; which was ordered to lie on the table; as follows:


[[Page 12695]]

       On page 44, between lines 18 and 19, insert the following:

     SEC. 313. INVENTORY MANAGEMENT.

       (a) Limitation on Purchase of Excess Inventory.--(1) 
     Subject to paragraph (4), no funds authorized to be 
     appropriated by this Act may be obligated or expended for 
     purchasing items for a secondary inventory of the Department 
     of Defense that would exceed the requirement objectives for 
     that inventory of such items.
       (2) The Secretary of Defense shall, within 30 days after 
     the date of the enactment of this Act, review all pending 
     orders for the purchase of items for a secondary inventory of 
     the Department of Defense in excess of the applicable 
     requirement objectives for the inventory of such items, and 
     shall ensure compliance with the limitation in paragraph (1) 
     with respect to such items.
       (3) The Secretary shall, within 30 days after the date on 
     which a requirement objective for an item in a secondary 
     inventory of the Department of Defense is reduced, review all 
     pending orders for the purchase of that item and ensure 
     compliance with the limitation in paragraph (1) with respect 
     to that item.
       (4) The Secretary may waive the limitation in paragraph (1) 
     in the case of an order for the purchase of an item upon 
     determining and executing a certification that compliance 
     with the limitation in such case--
       (A) would not result in significant savings; or
       (B) would harm a national security interest of the United 
     States.
       (b) Reduction of Excess Inventory.--(1) No funds authorized 
     to be appropriated by this Act may be obligated or expended 
     after March 31, 2004, to maintain or store an inventory of 
     items for the Department of Defense that exceeds the approved 
     acquisition objectives for such inventory of items unless the 
     Secretary of Defense determines that disposal of the excess 
     inventory--
       (A) would not result in significant savings; or
       (B) would harm a national security interest of the United 
     States.
       (2) Not later than January 1, 2004, the Secretary shall 
     establish consistent standards and procedures, applicable 
     throughout the Department of Defense, for ensuring compliance 
     with the limitation in paragraph (1).
       (c) Report on Inventory Management.--(1) Not later than 
     March 31, 2004, the Secretary of Defense shall submit to 
     Congress a report on--
       (A) the administration of this section; and
       (B) the implementation of all recommendations of the 
     Comptroller General for Department of Defense inventory 
     management that the Comptroller General determines are not 
     fully implemented.
       (2) The Comptroller General shall review the report 
     submitted under paragraph (1) and submit to Congress any 
     comments on the report that the Comptroller General considers 
     appropriate.
                                 ______
                                 
  SA 775. Ms. MIKULSKI 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:

       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 776. Mr. BENNETT (for himself, Mr. Reid, and Mr. Allen) 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. REPEAL OF MTOPS REQUIREMENT FOR COMPUTER EXPORT 
                   CONTROLS.

       (a) Repeal.--Subtitle B of title XII of, and section 3157 
     of, the National Defense Authorization Act for Fiscal Year 
     1998 (50 U.S.C. App. 2404 note) are repealed.
       (b) Consultation Required.--Before implementing any 
     regulations relating to an export administration system for 
     high-performance computers, the President shall consult with 
     the following congressional committees:
       (1) The Select Committee on Homeland Security, the 
     Committee on Armed Services, and the Committee on 
     International Relations of the House of Representatives.
       (2) The Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate.
       (c) Report.--Not later than 30 days after implementing any 
     regulations described in subsection (b), the President shall 
     submit to Congress a report that--
       (1) identifies the functions of the Secretary of Commerce, 
     Secretary of Defense, Secretary of Energy, Secretary of 
     State, Secretary of Homeland Security, and any other relevant 
     national security or intelligence agencies under the export 
     administration system embraced by those regulations; and
       (2) explains how the export administration system will 
     effectively advance the national security objectives of the 
     United States.
                                 ______
                                 
  SA 777. Mr. VOINVICH (for himself and Mr. DeWine) 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 103, between lines 18 and 19, insert the following:
       ``(3) The requirement for the payment of costs and fees of 
     instruction under paragraph (1) shall also apply with respect 
     to instruction provided at the Air Force Institute of 
     Technology, except that, for the purpose of this paragraph, 
     any reference in paragraph (1) to the Naval Postgraduate 
     School shall be treated as a reference to the Air Force 
     Institute of Technology.
                                 ______
                                 
  SA 778. Mr. McCAIN 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 155, between lines 10 and 11, insert the following:

     SEC. 644. ELIGIBILITY OF RESERVES FOR SPECIAL COMPENSATION 
                   FOR CERTAIN COMBAT-RELATED DISABLED UNIFORMED 
                   SERVICES RETIREES.

       (a) Eligibility.--Section 1413a(c) of title 10, United 
     States Code, is amended to read as follows:
       ``(c) Eligible Retirees.--(1) For purposes of this section, 
     an eligible combat-related disabled uniformed services 
     retiree referred to in subsection (a) is a member of the 
     uniformed services entitled to retired pay who has a 
     qualifying combat-related disability, except as provided in 
     paragraph (2).
       ``(2) For purposes of this section, a member is not an 
     eligible combat-related disabled uniformed services retiree 
     referred to in subsection (a) if the member--
       ``(A) was retired under chapter 61 of this title with less 
     than 20 years of service creditable under section 1405 of 
     this title when so retired; or
       ``(B) was retired under section 4403 of the Defense 
     Conversion, Reinvestment, and Transition Assistance Act of 
     1992 (division D of Public Law 102-484; 10 U.S.C. 1293 
     note).''.
       (b) Effective Date and Applicability.--The amendment made 
     by subsection (a) shall take effect on October 1, 2003, and 
     shall apply with respect to months beginning on or after that 
     date.
                                 ______
                                 
  SA 779. Mr. ALLARD 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 1035 and insert the following:

     SEC. 1035. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL 
                   SECURITY AGENCY.

       (a) Consolidation of Current Provisions on Protection of 
     Operational Files.--The National Security Act of 1947 (50 
     U.S.C. 401 et seq.) is amended by transferring sections 105C 
     and 105D to the end of title VII and redesignating such 
     sections, as so transferred, as sections 703 and 704, 
     respectively.
       (b) Protection of Operational Files of NSA.--Title VII of 
     such Act, as amended by subsection (a), is further amended by 
     adding at the end the following new section:

[[Page 12696]]




          ``operational files of the national security agency

       ``Sec. 705. (a) Exemption of Certain Operational Files From 
     Search, Review, Publication, or Disclosure.--(1) Operational 
     files of the National Security Agency (hereafter in this 
     section referred to as `NSA') may be exempted by the Director 
     of NSA, in coordination with the Director of Central 
     Intelligence, from the provisions of section 552 of title 5, 
     United States Code, which require publication, disclosure, 
     search, or review in connection therewith.
       ``(2)(A) In this section, the term `operational files' 
     means--
       ``(i) files of the Signals Intelligence Directorate, and 
     its successor organizations, which document the means by 
     which foreign intelligence or counterintelligence is 
     collected through technical systems; and
       ``(ii) files of the Research Associate Directorate, and its 
     successor organizations, which document the means by which 
     foreign intelligence or counterintelligence is collected 
     through scientific and technical systems.
       ``(B) Files which are the sole repository of disseminated 
     intelligence, and files that have been accessioned into NSA 
     Archives, or its successor organizations, are not operational 
     files.
       ``(3) Notwithstanding paragraph (1), exempted operational 
     files shall continue to be subject to search and review for 
     information concerning--
       ``(A) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 or 552a 
     of title 5, United States Code;
       ``(B) any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code; or
       ``(C) the specific subject matter of an investigation by 
     any of the following for any impropriety, or violation of 
     law, Executive order, or Presidential directive, in the 
     conduct of an intelligence activity:
       ``(i) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(ii) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       ``(iii) The Intelligence Oversight Board.
       ``(iv) The Department of Justice.
       ``(v) The Office of General Counsel of NSA.
       ``(vi) The Office of the Inspector General of the 
     Department of Defense.
       ``(vii) The Office of the Director of NSA.
       ``(4)(A) Files that are not exempted under paragraph (1) 
     which contain information derived or disseminated from 
     exempted operational files shall be subject to search and 
     review.
       ``(B) The inclusion of information from exempted 
     operational files in files that are not exempted under 
     paragraph (1) shall not affect the exemption under paragraph 
     (1) of the originating operational files from search, review, 
     publication, or disclosure.
       ``(C) The declassification of some of the information 
     contained in exempted operational files shall not affect the 
     status of the operational file as being exempt from search, 
     review, publication, or disclosure.
       ``(D) Records from exempted operational files which have 
     been disseminated to and referenced in files that are not 
     exempted under paragraph (1), and which have been returned to 
     exempted operational files for sole retention shall be 
     subject to search and review.
       ``(5) The provisions of paragraph (1) may not be superseded 
     except by a provision of law which is enacted after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2004, and which specifically cites and 
     repeals or modifies such provisions.
       ``(6)(A) Except as provided in subparagraph (B), whenever 
     any person who has requested agency records under section 552 
     of title 5, United States Code, alleges that NSA has withheld 
     records improperly because of failure to comply with any 
     provision of this section, judicial review shall be available 
     under the terms set forth in section 552(a)(4)(B) of title 5, 
     United States Code.
       ``(B) Judicial review shall not be available in the manner 
     provided for under subparagraph (A) as follows:
       ``(i) In any case in which information specifically 
     authorized under criteria established by an Executive order 
     to be kept secret in the interests of national defense or 
     foreign relations is filed with, or produced for, the court 
     by NSA, such information shall be examined ex parte, in 
     camera by the court.
       ``(ii) The court shall determine, to the fullest extent 
     practicable, the issues of fact based on sworn written 
     submissions of the parties.
       ``(iii) When a complainant alleges that requested records 
     are improperly withheld because of improper placement solely 
     in exempted operational files, the complainant shall support 
     such allegation with a sworn written submission based upon 
     personal knowledge or otherwise admissible evidence.
       ``(iv)(I) When a complainant alleges that requested records 
     were improperly withheld because of improper exemption of 
     operational files, NSA shall meet its burden under section 
     552(a)(4)(B) of title 5, United States Code, by demonstrating 
     to the court by sworn written submission that exempted 
     operational files likely to contain responsible records 
     currently perform the functions set forth in paragraph (2).
       ``(II) The court may not order NSA to review the content of 
     any exempted operational file or files in order to make the 
     demonstration required under subclause (I), unless the 
     complainant disputes NSA's showing with a sworn written 
     submission based on personal knowledge or otherwise 
     admissible evidence.
       ``(v) In proceedings under clauses (iii) and (iv), the 
     parties may not obtain discovery pursuant to rules 26 through 
     36 of the Federal Rules of Civil Procedure, except that 
     requests for admissions may be made pursuant to rules 26 and 
     36.
       ``(vi) If the court finds under this paragraph that NSA has 
     improperly withheld requested records because of failure to 
     comply with any provision of this subsection, the court shall 
     order NSA to search and review the appropriate exempted 
     operational file or files for the requested records and make 
     such records, or portions thereof, available in accordance 
     with the provisions of section 552 of title 5, United States 
     Code, and such order shall be the exclusive remedy for 
     failure to comply with this subsection.
       ``(vii) If at any time following the filing of a complaint 
     pursuant to this paragraph NSA agrees to search the 
     appropriate exempted operational file or files for the 
     requested records, the court shall dismiss the claim based 
     upon such complaint.
       ``(viii) Any information filed with, or produced for the 
     court pursuant to clauses (i) and (iv) shall be coordinated 
     with the Director of Central Intelligence before submission 
     to the court.
       ``(b) Decennial Review of Exempted Operational Files.--(1) 
     Not less than once every 10 years, the Director of the 
     National Security Agency and the Director of Central 
     Intelligence shall review the exemptions in force under 
     subsection (a)(1) to determine whether such exemptions may be 
     removed from a category of exempted files or any portion 
     thereof. The Director of Central Intelligence must approve 
     any determination to remove such exemptions.
       ``(2) The review required by paragraph (1) shall include 
     consideration of the historical value or other public 
     interest in the subject matter of a particular category of 
     files or portions thereof and the potential for declassifying 
     a significant part of the information contained therein.
       ``(3) A complainant that alleges that NSA has improperly 
     withheld records because of failure to comply with this 
     subsection may seek judicial review in the district court of 
     the United States of the district in which any of the parties 
     reside, or in the District of Columbia. In such a proceeding, 
     the court's review shall be limited to determining the 
     following:
       ``(A) Whether NSA has conducted the review required by 
     paragraph (1) before the expiration of the 10-year period 
     beginning on the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2004 or before the 
     expiration of the 10-year period beginning on the date of the 
     most recent review.
       ``(B) Whether NSA, in fact, considered the criteria set 
     forth in paragraph (2) in conducting the required review.''.
       (c) Conforming Amendments.--(1) Section 701(b) of the 
     National Security Act of 1947 (50 U.S.C. 431(b)) is amended 
     by striking ``For purposes of this title'' and inserting ``In 
     this section and section 702,''.
       (2) Section 702(c) of such Act (50 U.S.C. 432(c)) is 
     amended by striking ``enactment of this title'' and inserting 
     ``October 15, 1984,''.
       (3)(A) The title heading for title VII of such Act is 
     amended to read as follows:

            ``TITLE VII--PROTECTION OF OPERATIONAL FILES''.

       (B) The section heading for section 701 of such Act is 
     amended to read as follows:


``protection of operational files of the central intelligence agency''.

       (C) The section heading for section 702 of such Act is 
     amended to read as follows:


``decennial review of exempted central intelligence agency operational 
                               files.''.

       (d) Clerical Amendments.--The table of contents for the 
     National Security Act of 1947 is amended--
       (1) by striking the items relating to sections 105C and 
     105D; and
       (2) by striking the items relating to title VII and 
     inserting the following new items:

              ``Title VII--Protection of Operational Files

``Sec. 701. Protection of operational files of the Central Intelligence 
              Agency.
``Sec. 702. Decennial review of exempted Central Intelligence Agency 
              operational files.
``Sec. 703. Protection of operational files of the National Imagery and 
              Mapping Agency.
``Sec. 704. Protection of operational files of the National 
              Reconnaissance Office.
``Sec. 705. Protection of operational files of the National Security 
              Agency.''.


[[Page 12697]]

                                 ______
                                 
  SA 780. Mr. McCAIN 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 156, after line 20, insert the following:

     SEC. 653. 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.
                                 ______
                                 
  SA 781. 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 Other Procurement, Army.--The amount 
     authorized to be appropriated by section 101(5), for other 
     procurement for the Army is hereby reduced by $5,000,000, 
     with the amount of the reduction to be allocated to Shelters 
     for Army Common User Systeme.
                                 ______
                                 
  SA 782. Mr. VOINOVICH 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 155, line 8, strike ``September 11, 2001,'' and 
     insert ``January 1, 1990,''.
                                 ______
                                 
  SA 783. 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:

       In lieu of the matter proposed to be stricken, insert the 
     following:

     SEC. 833. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT 
                   REQUIREMENTS.

       (a) Authority.--Subchapter V of chapter 148 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2539c. Waiver of domestic source or content 
       requirements

       ``(a) Authority.--Except as provided in subsection (f), the 
     Secretary of Defense may waive the application of any 
     domestic source requirement or domestic content requirement 
     referred to in subsection (b) and thereby authorize the 
     procurement of items that are grown, reprocessed, reused, 
     produced, or manufactured--
       ``(1) in a foreign country that has a Declaration of 
     Principles with the United States;
       ``(2) in a foreign country that has a Declaration of 
     Principles with the United States substantially from 
     components and materials grown, reprocessed, reused, 
     produced, or manufactured in the United States or any foreign 
     country that has a Declaration of Principles with the United 
     States; or
       ``(3) in the United States substantially from components 
     and materials grown, reprocessed, reused, produced, or 
     manufactured in the United States or any foreign country that 
     has a Declaration of Principles with the United States.
       ``(b) Covered Requirements.--For purposes of this section:
       ``(1) A domestic source requirement is any requirement 
     under law that the Department of Defense satisfy its 
     requirements for an item by procuring an item that is grown, 
     reprocessed, reused, produced, or manufactured in the United 
     States or by a manufacturer that is a part of the national 
     technology and industrial base (as defined in section 2500(1) 
     of this title).
       ``(2) A domestic content requirement is any requirement 
     under law that the Department of Defense satisfy its 
     requirements for an item by procuring an item produced or 
     manufactured partly or wholly from components and materials 
     grown, reprocessed, reused, produced, or manufactured in the 
     United States.
       ``(c) Applicability.--The authority of the Secretary to 
     waive the application of a domestic source or content 
     requirements under subsection (a) applies to the procurement 
     of items for which the Secretary of Defense determines that--
       ``(1) application of the requirement would impede the 
     reciprocal procurement of defense items under a Declaration 
     of Principles with the United States; and
       ``(2) such country does not discriminate against defense 
     items produced in the United States to a greater degree than 
     the United States discriminates against defense items 
     produced in that country.
       ``(d) Limitation on Delegation.--The authority of the 
     Secretary to waive the application of domestic source or 
     content requirements under subsection (a) may not be 
     delegated to any officer or employee other than the Under 
     Secretary of Defense for Acquisition, Technology and 
     Logistics.
       ``(e) Consultations.--The Secretary may grant a waiver of 
     the application of a domestic source or content requirement 
     under subsection (a) only after consultation with the United 
     States Trade Representative, the Secretary of Commerce, and 
     the Secretary of State.
       ``(f) Laws Not Waivable.--The Secretary of Defense may not 
     exercise the authority under subsection (a) to waive any 
     domestic source or content requirement contained in any of 
     the following laws:
       ``(1) The Small Business Act (15 U.S.C. 631 et seq.).
       ``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
       ``(3) Sections 7309 and 7310 of this title.
       ``(4) Section 2533a of this title.
       ``(g) Relationship to Other Waiver Authority.--The 
     authority under subsection (a) to waive a domestic source 
     requirement or domestic content requirement is in addition to 
     any other authority to waive such requirement.
       ``(h) Construction With Respect to Later Enacted Laws.--
     This section may not be construed as being inapplicable to a 
     domestic source requirement or domestic content requirement 
     that is set forth in a law enacted after the enactment of 
     this section solely on the basis of the later enactment.
       ``(i) Declaration of Principles.--(1) In this section, the 
     term `Declaration of Principles' means a written 
     understanding between the Department of Defense and its 
     counterpart in a foreign country signifying a cooperative 
     relationship between the Department and its counterpart to 
     standardize or make interoperable defense equipment used by 
     the armed forces and the armed forces of the foreign country 
     across a broad spectrum of defense activities, including--
       ``(A) harmonization of military requirements and 
     acquisition processes;
       ``(B) security of supply;
       ``(C) export procedures;
       ``(D) security of information;
       ``(E) ownership and corporate governance;
       ``(F) research and development;
       ``(G) flow of technical information; and
       ``(H) defense trade.
       ``(2) A Declaration of Principles is underpinned by a 
     memorandum of understanding or other agreement providing for 
     the reciprocal procurement of defense items between

[[Page 12698]]

     the United States and the foreign country concerned without 
     unfair discrimination in accordance with section 2531 of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2539b the following new item:

``2539c. Waiver of domestic source or content requirements.''.

                                 ______
                                 
  SA 784. Mr. CHAMBLISS 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; as follows:

       On page 226, between the matter following line 14 and line 
     15, insert the following:
       (c) Report on Utilization of Certain Data Extraction and 
     Exploitation Capabilities.--(1) Not later than 60 days after 
     the date of the enactment of this Act, the Director of the 
     National Geospatial-Intelligence Agency shall submit to the 
     appropriate committees of Congress a report on the status of 
     the efforts of the Agency to incorporate within the 
     Commercial Joint Mapping Tool Kit (C/JMTK) applications for 
     the rapid extraction and exploitation of three-dimensional 
     geospatial data from reconnaissance imagery.
       (2) In this subsection, the term ``appropriate committees 
     of Congress'' means--
       (A) the Committee on Armed Services, the Subcommittee on 
     Defense of the Committee on Appropriations, and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services, the Subcommittee on 
     Defense of the Committee on Appropriations, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 785. 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 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 responses 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

[[Page 12699]]

     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.
       (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 786. Ms. LANDRIEU 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 C of title XXVIII, add the following 
     new section:

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

       (a) Study Authorized.--(1) The Secretary of the Army may 
     undertake 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
       (iii) benefit current and potential civilian and 
     governmental tenants of the Plant and facilitate the 
     contribution of such tenants to economic development in 
     Northwestern Louisiana;

[[Page 12700]]

       (C) the amount and type of consideration that is 
     appropriate for the conveyance of the Plant;
       (D) the extent to which the conveyance of the Plant to a 
     public-private partnership will contribute to economic 
     growth;
       (E) the need and advisability of continuing in force 
     agreements between the Army and the contractor operating the 
     facility;
       (F) the value of any mineral rights in the lands of the 
     Plant;
       (G) 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
       (H) the need for continuing access to the Plant by the Army 
     Joint Munitions Command after the conveyance of the Plant.
       (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.
                                 ______
                                 
  SA 787. Mr. SANTORUM 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. NON-THERMAL IMAGING SYSTEMS.

       (a) Availability of Funds.--Of the amount authorized to be 
     appropriated by section 201(2) for research, development, 
     test, and evaluation for the Navy and available for Power 
     Projection Applied Research (PE 602114N), $2,000,000 may be 
     available for non-thermal imaging systems.
       (b) Supplement Not Supplant.--The amount available under 
     subsection (a) for the purpose specified in that subsection 
     is in addition to any other amounts available under this Act 
     for that purpose.
                                 ______
                                 
  SA 788. Mr. SANTORUM 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 III, add the following:

     SEC. 313. INFORMATION OPERATIONS SUSTAINMENT FOR LAND FORCES 
                   READINESS OF ARMY RESERVE.

       (a) Increase in Authorization of Appropriations for Army 
     Reserve.--The amount authorized to be appropriated by section 
     301(6) for operation and maintenance for the Army Reserve is 
     hereby increased by $3,000,000.
       (b) Availability for Information Operations Sustainment.--
     (1) Of the amount authorized to be appropriated by section 
     301(6) for operation and maintenance for the Army Reserve, as 
     increased by subsection (a), $3,000,000 may be available for 
     Information Operations (Account #19640) for Land Forces 
     Readiness-Information Operations Sustainment.
       (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(1) for operation and maintenance for the Army is 
     hereby reduced by $3,000,000.
                                 ______
                                 
  SA 789. Mr. BUNNING 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 DEPLOYMENT OF AIRBORNE CHEMICAL 
                   AGENT MONITORING SYSTEMS AT CHEMICAL STOCKPILE 
                   DISPOSAL SITES IN THE UNITED STATES.

       (a) Findings.--The Senate makes the following findings:
       (1) Millions of assembled chemical weapons from rockets, 
     land mines, fuses, explosives, propellants, chemical agents, 
     shipping and firing tubes, packaging materials, and similar 
     material are stockpiled at chemical agent disposal facilities 
     and depots sites across the United States.
       (2) Some of these weapons are filled with nerve agents, 
     such as GB and VX and blister agents such as HD (mustard 
     agent).
       (3) Hundreds of thousands of United States citizens live in 
     the vicinity of these chemical weapons stockpile sites and 
     depots.
       (4) The airborne chemical agent monitoring systems at these 
     sites are inefficient or outdated compared to newer and 
     advanced technologies on the market.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of the Army should develop and deploy a program 
     to upgrade the airborne chemical agent monitoring systems at 
     all chemical stockpile disposal sites across the United 
     States in order to achieve the broadest possible protection 
     of the general public, personnel involved in the chemical 
     demilitarization program, and the environment.
                                 ______
                                 
  SA 790. Mr. BINGAMAN 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:

       In section 3131, add at the end the following:
       (c) Report.--(1) Not later than March 1, 2004, the 
     Secretary of State, the Secretary of Defense, and the 
     Secretary of Energy shall jointly submit to Congress a report 
     assessing whether the repeal of section 3136 of the National 
     Defense Authorization Act for Fiscal Year 1994, will affect 
     the non-proliferation goals, objectives, programs, and 
     activities of the United States and what actions if any the 
     United States can and should take to minimize any negative 
     effects.
       (2) The report shall be submitted in unclassified form, but 
     may include a classified annex if necessary.
                                 ______
                                 
  SA 791. Mr. DASCHLE (for himself and Mr. Johnson) 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 21, after line 20, insert the following:

     SEC. 132. B-1B BOMBER AIRCRAFT.

       (a) Amount for Aircraft.--(1) Of the amount authorized to 
     be appropriated under section 103(1), $20,300,000 shall be 
     available to reconstitute the fleet of B-1B bomber aircraft 
     through modifications of 23 B-1B bomber aircraft otherwise 
     scheduled to be retired in fiscal year 2003 that extend the 
     service life of such aircraft and maintain or, as necessary, 
     improve the capabilities of such aircraft for mission 
     performance.
       (2) The Secretary of the Air Force shall submit to the 
     congressional defense committees a report that specifies the 
     amounts necessary to be included in the future-years defense 
     program to reconstitute the B-1B bomber aircraft fleet of the 
     Air Force.
       (b) Adjustment.--(1) The total amount authorized to be 
     appropriated under section 103(1) is hereby increased by 
     $20,300,000.
       (2) The total amount authorized to be appropriated under 
     section 104 is hereby reduced by $20,300,000, with the amount 
     of the reduction to be allocated to SOF operational 
     enhancements.
                                 ______
                                 
  SA 792. 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 JOINT ENGINEERING DATA MANAGEMENT 
                   INFORMATION AND CONTROL SYSTEM.

       (a) Navy RDT&E.--The amount authorized to be appropriated 
     under section 201(2) is hereby increased by $2,500,000. Such 
     amount may be available for the Joint Engineering Data 
     Management Information and Control System (JEDMICS).
       (b) Navy Procurement.--The amount authorized to be 
     appropriated under section 102(a)(4) is hereby reduced by 
     $2,500,000, to be derived from the amount provided for the 
     Joint Engineering Data Management Information and Control 
     System (JEDMICS).

[[Page 12701]]


                                 ______
                                 
  SA 793. Mr. LEVIN (for Mr. Wyden (for himself, Ms. Collins, Mrs. 
Clinton, Mr. Byrd, 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:

       On page 273, between lines 20 and 21, insert the following:
       (d) Reporting Requirement Relating to Noncompetitive 
     Contracting for the Reconstruction of Infrastructure of 
     Iraq.--(1) If a contract for the maintenance, rehabilitation, 
     construction, or repair of infrastructure in Iraq is entered 
     into under the oversight and direction of the Secretary of 
     Defense or the Office of Reconstruction and Humanitarian 
     Assistance in the Office of the Secretary of Defense without 
     full and open competition, the Secretary shall publish in the 
     Federal Register or Commerce Business Daily and otherwise 
     make available to the public, not later than 30 days after 
     the date on which the contract is entered into, the following 
     information:
       (i) The amount of the contract.
       (ii) A brief description of the scope of the contract.
       (iii) A discussion of how the executive agency identified, 
     and solicited offers from, potential contractors to perform 
     the contract, together with a list of the potential 
     contractors that were issued solicitations for the offers.
       (iv) The justification and approval documents on which was 
     based the determination to use procedures other than 
     procedures that provide for full and open competition.
       (B) Subparagraph (A) does not apply to a contract entered 
     into more than one year after date of enactment.
       (2)(A) The head of an executive agency may--
       (i) withhold from publication and disclosure under 
     paragraph (1) any document that is classified for restricted 
     access in accordance with an Executive order in the interest 
     of national defense or foreign policy; and
       (ii) redact any part so classified that is in a document 
     not so classified before publication and disclosure of the 
     document under paragraph (1).
       (B) In any case in which the head of an executive agency 
     withholds information under subparagraph (A), the head of 
     such executive agency shall make available an unredacted 
     version of the document containing that information to the 
     chairman and ranking member of each of the following 
     committees of Congress:
       (i) The Committee on Governmental Affairs of the Senate and 
     the Committee on Government Reform of the House of 
     Representatives.
       (ii) The Committees on Appropriations of the Senate and the 
     House of Representatives.
       (iii) Each committee that the head of the executive agency 
     determines has legislative jurisdiction for the operations of 
     such department or agency to which the information relates.
       (3) This subsection shall apply to contracts entered into 
     on or after October 1, 2002, except that, in the case of a 
     contract entered into before the date of the enactment of 
     this Act, paragraph (1) shall be applied as if the contract 
     had been entered into on the date of the enactment of this 
     Act.
       (4) Nothing in this subsection shall be construed as 
     affecting obligations to disclose United States Government 
     information under any other provision of law.
       (5) In this subsection, the terms ``executive agency'' and 
     ``full and open competition'' have the meanings given such 
     terms in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
                                 ______
                                 
  SA 794. Mr. WARNER (for Mr. McCain (for himself 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 109, between lines 9 and 10, insert the following:

     SEC. 535. FUNDING OF EDUCATION ASSISTANCE ENLISTMENT 
                   INCENTIVES TO FACILITATE NATIONAL SERVICE 
                   THROUGH DEPARTMENT OF DEFENSE EDUCATION 
                   BENEFITS FUND.

       (a) In General.--Subsection (j) of section 510 of title 10, 
     United States Code, is amended to read as follows:
       ``(j) Funding.--(1) Amounts for the payment of incentives 
     under paragraphs (1) and (2) of subsection (e) shall be 
     derived from amounts available to the Secretary of the 
     military department concerned for the payment of pay, 
     allowances and other expenses of the members of the armed 
     force concerned.
       ``(2) Amounts for the payment of incentives under 
     paragraphs (3) and (4) of subsection (e) shall be derived 
     from the Department of Defense Education Benefits Fund under 
     section 2006 of this title.''.
       (b) Conforming Amendments.--Section 2006(b) of such title 
     is amended--
       (1) in paragraph (1), by inserting ``paragraphs (3) and (4) 
     of section 510(e) and'' after ``Department of Defense 
     benefits under''; and
       (2) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(E) The present value of future benefits payable from the 
     Fund for educational assistance under paragraphs (3) and (4) 
     of section 510(e) of this title to persons who during such 
     period become entitled to such assistance.''.
                                 ______
                                 
  SA 795. Mr. WARNER (for Mr. Roberts) 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 81, strike lines 12 and 13, and insert the 
     following:

     SEC. 368. CONTRACTING WITH EMPLOYERS OF PERSONS WITH 
                   DISABILITIES.

       On page 82, between lines 19 and 20, insert the following:
       (e) Demonstration Projects for Contractors Employing 
     Persons With Disabilities.--(1) The Secretary of Defense may 
     carry out two demonstration projects for the purpose of 
     providing opportunities for participation by severely 
     disabled individuals in the industries of manufacturing and 
     information technology.
       (2) Under each demonstration project, the Secretary may 
     enter into one or more contracts with an eligible contractor 
     for each of fiscal years 2004 and 2005 for the acquisition 
     of--
       (A) aerospace end items or components; or
       (B) information technology products or services.
       (3) The items, components, products, or services authorized 
     to be procured under paragraph (2) include--
       (A) computer numerically-controlled machining and metal 
     fabrication;
       (B) computer application development, testing, and support 
     in document management, microfilming, and imaging; and
       (C) any other items, components, products, or services 
     described in paragraph (2) that are not described in 
     subparagraph (A) or (B).
       (4) In this subsection:
       (A) The term ``eligible contractor'' means a business 
     entity operated on a for-profit or nonprofit basis that--
       (i) employs not more than 500 individuals;
       (ii) employs severely disabled individuals at a rate that 
     averages not less than 33 percent of its total workforce over 
     a period prescribed by the Secretary;
       (iii) employs each severely disabled individual in its 
     workforce generally on the basis of 40 hours per week;
       (iv) pays not less than the minimum wage prescribed 
     pursuant to section 6 of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 206) to the employees who are severely disabled 
     individuals;
       (v) provides for its employees health insurance and a 
     retirement plan comparable to those provided for employees by 
     business entities of similar size in its industrial sector or 
     geographic region; and
       (vi) has or can acquire a security clearance as necessary.
       (B) The term ``severely disabled individual'' means an 
     individual with a disability (as defined in section 3 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) 
     who has a severe physical or mental impairment that seriously 
     limits one or more functional capacities.
                                 ______
                                 
  SA 796. Mr. LEVIN (for Mrs. Feinstein (for herself and Mr. Stevens)) 
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 II, add the following:

     SEC. 225. PROHIBITION ON USE OF FUNDS FOR NUCLEAR ARMED 
                   INTERCEPTORS IN MISSILE DEFENSE SYSTEMS.

       No funds authorized to be appropriated for the Department 
     of Defense by this Act may be obligated or expended for 
     research, development, test, and evaluation, procurement, or 
     deployment of nuclear armed interceptors in a missile defense 
     system.
                                 ______
                                 
  SA 797. Mr. LEVIN (for Mr. Lieberman) 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

[[Page 12702]]

strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

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

     SEC. 235. DEPARTMENT OF DEFENSE STRATEGY FOR MANAGEMENT OF 
                   ELECTROMAGNETIC SPECTRUM.

       (a) In General.--The Secretary of Defense shall--
       (1) in accordance with subsection (b), develop a strategy 
     for the Department of Defense for the management of the 
     electromagnetic spectrum to improve spectrum access and high-
     bandwidth connectivity to military assets.
       (2) in accordance with subsection (c), communicate with 
     civilian departments and agencies of the Federal Government 
     in the development of the strategy identified in (a)(1).
       (b) Strategy for Department of Defense Strategy for 
     Spectrum Management.--(1) Not later than September 1, 2004, 
     the Board shall develop a strategy for the Department of 
     Defense for the management of the electromagnetic spectrum in 
     order to ensure the development and use of spectrum-efficient 
     technologies to facilitate the availability of adequate 
     spectrum for network-centric warfare. The strategy shall 
     include specific timelines, metrics, plans for implementation 
     including the implementation of technologies for the 
     efficient use of spectrum, and proposals for program funding.
       (2) In developing the strategy, the Board shall consider 
     and take into account the research and development program 
     carried out under section 234.
       (3) The Board shall assist in updating the strategy 
     developed under paragraph (1) on a biennial basis to address 
     changes in circumstances.
       (4) The Board shall communicate with other departments and 
     agencies of the Federal Government in the development of the 
     strategy described in subsection (a)(1), representatives of 
     the military departments, the Federal Communications 
     Commission, the National Telecommunications and Information 
     Administration, the Department of Homeland Security, the 
     Federal Aviation Administration, and other appropriate 
     departments and agencies of the Federal Government.
       (c) Board.--In this section, the term ``Board'' means the 
     Board of Senior Acquisition Officials as defined in section 
     822.
                                 ______
                                 
  SA 798. 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 322, strike line 8 and all that follows through 
     page 324, line 10.
       On page 326, strike lines 1 through 3.
       On page 328, line 21, strike ``(1), (2), and (3)'' and 
     insert ``(1) and (2)''.

                          ____________________